Skilled Counsel with the Experience to Defend Fraud Charges
Professional advocacy for defendants in Sevierville, Gatlinburg, Greeneville, Pigeon Forge, Seymour, and the Tri-Cities
Fraud is the act of using intentional deception to obtain something valuable without the consent of the owner. Fraud charges can be brought through federal law or Tennessee state law. In Tennessee, most fraud charges are brought through a charge of theft. Fraud can include forgery, writing bad checks, embezzlement, identity theft, credit card fraud, tax fraud, insurance fraud, and a host of illegal actions. Fraud can also lead to civil lawsuits as well as criminal lawsuits. Strong representation by a Sevierville fraud defense attorney is essential.
Delius & McKenzie, PLLC in Sevierville understands that defendants accused of any type of fraud are scared. Convictions can result in time behind bars, substantial fines, loss of employment, and other severe consequences. Our firm has the experience and skill to provide aggressive representation with the aim of getting the charges dropped or reduced. Our fraud defense lawyers have advocated for clients in Sevierville, Gatlinburg, Seymour, Pigeon Forge, Bristol, Johnson City, Kingsport, Greeneville and across Eastern Tennessee for over twenty years. We try cases before federal and state juries.
What is considered fraud?
The definition of fraud depends on the exact language of the criminal statute. One of the first duties of a Sevierville fraud defense lawyer is to go over the statute with a fine-tooth comb to examine what legal and factual arguments can be used to win the case. The common elements of fraud are:
- A person is dishonest about a material fact.
- The person who makes the misrepresentation must know or believe that the statement or act is false.
- Another person or entity, such as a business, must rely on the misrepresentation.
- The reliance on the dishonest fact must cause actual loss or injury.
Defenses include showing that there was a misunderstanding, that the defendant had reason to believe the representation was true, that the other person did not rely on the misrepresentation, and that the misrepresentation did not cause the harm.
Types of fraud cases
Fraud is often called a white-collar crime. This is because most fraud cases require access to money or valuable assets and a scheme to obtain that money. In short, fraud requires some level of sophistication. A Sevierville fraud defense attorney will explain your charges and what defenses can be used.
Some of the common types of fraud cases the Law Office of Brian E. Delius handles include:
- Internet crimes. Accessing someone’s personal information without their consent for monetary gain is a crime. It can be charged under federal or Tennessee law. Simply posting an image with the intent to frighten someone can lead to a criminal charge. Our team knows how to defend these charges and make sure your rights and reputation are properly protected.
- Embezzlement. The essence of embezzlement is that someone is charged with monetary gain or control based on a violation of trust. Many acts of embezzlement include complicated schemes. Embezzlement requires actual intent. A skilled Sevierville fraud defense attorney understands this area of federal and state law and knows which defenses work.
- Racketeer Influenced and Corrupt Organizations (RICO). RICO laws are a means by which the government adds more charges to another crime and to target members of an organization. RICO cases are very complicated because they involve a number of elements. These include demonstrating that there was a pattern of criminal activity, there was a criminal enterprise, interstate commerce was involved, and that the defendant was involved in the operation or management of the criminal activity.
If you are facing charges of fraud, you need a skilled defense attorney on your side. The Law Office of Brian E. Delius has experience handling these very complex cases. Our team represents clients in and around the Tri-Cities area, and throughout the Northeast.
Charged with a fraud crime in Tennessee? Our attorneys can provide a powerful defense
The Law Office of Bryan E. Delius offers aggressive representation to clients charged with fraud in Greeneville, Johnson City, Bristol, Kingsport, Sevierville, Gatlinburg, Seymour, or Pigeon Forge. We fight hard to have your charges dropped or reduced when dropping them is not possible. To make an appointment with an experienced Sevierville fraud defense lawyer, please call 865-428-8780 or fill out our contact form to schedule an appointment. Our team offers in-custody visits.