Choosing the Right Virginia Fraud Defense Lawyer for Your Case
Understanding Virginia Fraud Charges
Fraud charges in Virginia encompass a range of deceptive practices designed to obtain money, property, or services illegally. These offenses carry significant penalties, including fines, jail time, and a permanent criminal record that can affect one’s employment and reputation.
Types of Fraud Cases We Defend
Scott C. Nolan is an experienced fraud defense attorney with more than 20 years of experience with the following types of cases:
Credit Card Fraud
The use of stolen, expired, or revoked credit cards to obtain goods or services, or misrepresenting transactions to defraud the cardholder or creditor.
Insurance Fraud
Deceptive acts to obtain insurance benefits or defraud policyholders, insurers, or third parties.
Healthcare Fraud
Deceptive practices to obtain payments, benefits, or services from healthcare insurers, programs, or patients.
Mortgage Fraud
Deceptive acts to obtain home loans, payments, or property via misrepresentation. These schemes damage lenders, borrowers, and the real estate market, possibly inflating property values or triggering foreclosures.
Public Assistance Fraud
Also known as welfare fraud, involves purposely providing false information or omitting vital details to increase or obtain benefits from various public assistance programs, such as SNPA, Medicaid, or TANF.
Other types of fraud covered under Virginia law include identity theft, check fraud, false pretenses, and forgery. You should speak to a fraud defense attorney immediately if you have been charged with any fraud crime.
Key Federal and State Fraud Statutes
Fraud cases in Virginia are addressed through state and federal laws, including:
- False Claims Act: Targets fraud against the government by imposing liability on individuals or entities who knowingly submit false or fraudulent claims for payment or approval. In Virginia, the FCA is complemented by the Virginia Fraud Against Taxpayers Act (VFATA), which mirrors the federal law to address fraud against the Commonwealth.
- Anti-Kickback Statute: Prohibits the exchange of remuneration to induce or reward referrals for services or items reimbursed by federal healthcare programs, such as Medicare or Medicaid. In Virginia, the AKS is critical in combating healthcare fraud.
- Stark Law: Prohibits physicians from referring patients for certain designated health services payable by Medicare or Medicaid to entities with which the physician (or an immediate family member) has a financial relationship, unless an exception applies.
- Virginia’s fraud statutes: Primarily covered under Title 18.2, Chapter 6 of the Code of Virginia, address a wide array of deceptive practices aimed at unlawfully obtaining money, property, or benefits. These statutes define specific fraudulent acts, outline elements for prosecution, and impose penalties ranging from misdemeanors to felonies.
Understanding the overlapping jurisdiction and legal frameworks of state and federal fraud statutes is critical to building an effective defense.
Penalties and Consequences of a Fraud Conviction
In Virginia, misdemeanor fraud convictions, such as Class 1 misdemeanors, carry penalties of up to 12 months in jail and a fine of up to $2,500. Offenses such as credit card fraud involving less than $1,000 within six months, identity theft resulting in financial losses of under $200, or issuing a bad check with insufficient funds (valued at under $200) typically fall under this category.
Felony Fraud Penalties
Felony fraud convictions in Virginia carry significantly harsher penalties. A Class 6 felony, such as credit card fraud or check fraud involving $1,000 or more, is punishable by one to five years in prison, or, at the court’s discretion, up to 12 months in jail and/or a $2,500 fine.
Class 4 felonies, such as forging public records or obtaining a signature by false pretenses, result in a prison term of two to ten years and fines of up to $100,000. Grand larceny, which includes fraudulently obtaining property valued at $1,000 or more, is punishable by up to 20 years in prison. Federal bank fraud charges may result in up to 30 years in prison and fines up to $1,000,000.
Additional Penalties and Requirements
Beyond jail and fines, fraud convictions often include court-ordered restitution to compensate victims for financial losses. Courts may also impose probation, community service, or mandatory classes. For example, convictions for identity theft or check fraud may require restitution for the full amount of the victim’s losses. Probation conditions may involve regular check-ins with a probation officer, which could add further restrictions on personal freedom.
Long-Term Consequences
A fraud conviction results in a permanent criminal record, which can severely limit employment opportunities, particularly for roles requiring background checks or security clearances, as fraud is considered a crime of moral turpitude.
This designation carries a social stigma and may hinder prospects for professional licenses, citizenship, or educational scholarships. The long-term impact on reputation and future opportunities underscores the importance of consulting an experienced criminal defense attorney to explore defense strategies or plea deals to mitigate or avoid these consequences.
Fraud defense attorney Scott C. Nolan helps clients understand the stakes in their case and fight to reduce potential criminal and civil monetary penalties.
Why You Need a Skilled Virginia Fraud Defense Attorney
Facing fraud charges in Virginia can be a daunting experience, as these allegations carry significant legal, financial, and social consequences.
The complexities of fraud cases, combined with the severe penalties for conviction, make it critical to have a skilled Virginia fraud defense attorney like Scott Nolan by your side. Whether prosecuted at the state or federal level, these cases demand skilled legal representation to navigate the intricate legal system and protect your rights. Benefits of hiring a fraud defense attorney include:
Navigating Complex Legal Processes
Fraud cases in Virginia are often legally intricate, involving both state and federal jurisdictions depending on the nature of the offense. For instance, fraud that crosses state lines, involves federal agencies, or impacts federally insured institutions may be prosecuted in federal court, where penalties can include up to 20 years in prison and fines as high as $1,000,000 for certain offenses, such as mortgage fraud.
A skilled Virginia fraud defense attorney, such as Scott Nolan, understands the nuances of both state and federal legal systems, including the Virginia Code and federal statutes related to mail and wire fraud.
They can guide you through complex procedures, ensure evidence is handled correctly, and challenge improper searches or seizures that may violate your constitutional rights. Without this skill, you risk missteps that could jeopardize your case, such as making statements to law enforcement that may be used against you.
Building a Strong Defense
The prosecution must prove specific elements in a fraud case, including intent to defraud, misrepresentation of a material fact, and resulting damages to the victim. Skilled criminal defense attorney Scott Nolan can develop a tailored defense strategy to counter these elements, such as arguing lack of intent, mistaken identity, or insufficient evidence. For example, they may challenge the validity of financial records or demonstrate that you had permission from the alleged victim, potentially leading to the dismissal of charges.
Experienced attorneys like Scott Nolan leverage their knowledge of Virginia’s fraud laws to negotiate plea deals, reduce charges, or secure probation instead of incarceration. Their ability to analyze the prosecution’s case and identify weaknesses is vital for achieving the best possible outcome.
Reducing Severe Penalties and Collateral Consequences
Fraud convictions in Virginia carry harsh penalties, ranging from misdemeanor fines of $250 to felony sentences of up to 20 years and significant restitution payments. Beyond criminal penalties, a conviction can damage your reputation, limit employment opportunities, and expose you to civil lawsuits for the same act.
A seasoned fraud defense attorney like Scott Nolan works to mitigate these consequences by negotiating reduced sentences or exploring alternative resolutions, such as diversion programs. They also provide critical support during investigations to prevent charges from escalating.
Access to Critical Investigative Resources and Knowledge
Fraud cases often involve complex financial records, electronic evidence, and witness testimony, requiring thorough investigation to build a robust defense. A skilled Virginia fraud defense attorney has access to resources, including financial experts and investigators, who can scrutinize evidence and uncover discrepancies in the prosecution’s case. For instance, Attorney Scott Nolan can conduct extensive discovery to challenge the validity of alleged fraudulent schemes.
Steps to Take If You’re Under Investigation or Charged
Were you questioned by police about a fraud charge or recently arrested? It’s critical to take several actions immediately to protect your rights and future:
Contact an Experienced Criminal Defense Lawyer
The first and most crucial step is to hire an experienced Virginia fraud lawyer as soon as you suspect you’re under investigation or have been charged. Do not attempt to handle the situation alone, especially if you receive a target letter or are contacted by law enforcement.
A skilled fraud defense attorney can assess your case, advise you on your rights, and intervene early to potentially prevent charges from being filed or mitigate their severity. For example, in some cases, your defense attorney may negotiate with prosecutors to avoid an indictment or secure a favorable plea deal.
Do Not Speak to the Police Without Your Attorney Present
Avoid discussing your case with law enforcement, federal agents, or prosecutors without your fraud defense attorney present. Anything you say can be used against you, and self-incriminating statements can strengthen the prosecution’s case.
Politely decline to answer questions or provide statements until your lawyer is involved. In Virginia, law enforcement may use tactics such as interviews or requests for polygraphs to gather evidence during fraud investigations. Your defense attorney can guide you on whether engaging with investigators is beneficial or risky, depending on the nature of the allegations.
Collect and Preserve Relevant Evidence
Collect and secure any documents or records that may support your defense, such as bank statements, contracts, emails, or receipts related to the alleged fraud.
For instance, in cases of check fraud, evidence showing you had permission to sign a check or lacked fraudulent intent can be critical. Your attorney can help determine what’s relevant and ensure evidence is preserved correctly to avoid accusations of tampering. In Virginia, fraud cases often hinge on documentary evidence, and keeping records can help challenge the prosecution’s claims, especially if they involve false pretenses or forged documents.
Comply with Legal Obligations and Prepare for Court
If you’ve been charged and released on bail, strictly follow all bail conditions to avoid complicating your case. Your defense attorney can prepare you for court appearances, advise you on potential defenses, and explore options such as diversion programs or plea negotiations to reduce charges or penalties.
In Virginia, fraud cases may involve complex evidence like financial records or digital data, so your defense attorney may engage forensic accountants or expert witnesses to strengthen your defense. If the investigation is ongoing, your lawyer can challenge unconstitutional investigative tactics, such as improper search warrants or surveillance, to suppress evidence.
Frequently Asked Questions
Several types of fraud are criminal offenses in Virginia, including false pretenses, check fraud, identity theft, credit card fraud, healthcare fraud, insurance fraud, and construction fraud.
In Virginia, fraud can be charged as either a misdemeanor or a felony, depending on the specific offense, the value of the property or money involved, and other aggravating factors. Many fraud crimes are charged as Class 1 misdemeanors when the amount of money or property involved is worth less than $1,000.
In Virginia, intent to deceive is a critical element for most fraud charges under Title 18.2, Chapter 6 of the Code of Virginia. If you genuinely did not intend to mislead anyone, it may be possible to avoid fraud charges or successfully defend against them. Your criminal defense attorney may use lack of intent as a potential defense for the incident.
In Virginia, the distinction between civil fraud and criminal fraud lies like the legal proceedings, the burden of proof, the consequences, and the intent required. Both involve intentional deception for personal gain or to cause harm, but they are addressed in different legal frameworks with distinct purposes.
Civil fraud, often referred to as “fraud” or “fraudulent misrepresentation” in civil lawsuits, is a tort claim pursued in civil court by an individual or entity seeking to recover damages caused by deceit.
Criminal fraud involves violations of specific statutes under Title 18.2, Chapter 6 of the Virginia Code, such as false pretenses, check fraud, or identity theft.
In Virginia, proving intent in a fraud case is a critical element for the prosecution, as most fraud offenses require demonstrating that the defendant acted with the specific intent to defraud. Intent is the mental state of knowingly engaging in deceptive conduct to obtain property, money, or some benefit, or to cause harm. Common forms of evidence used to prove intent to defraud include evidence of intentional misrepresentation, circumstantial evidence, and patterns.
Yes, you can face federal charges for fraud committed in Virginia if the fraudulent activity violates federal law, involves interstate or international elements, or falls under the jurisdiction of federal agencies.
Contact our criminal defense attorney immediately for legal advice. Do not answer police questions about the fraud allegation without your lawyer present. Anything you say can and will be used against you later.
The time it takes to resolve a fraud case in Virginia varies widely depending on whether it is prosecuted in state court or federal court, as well as the complexity of the case, the court’s schedule, and the defense strategy. Some cases can be resolved in a month or two, and others may take a year or more.
In Virginia, whether fraud charges can be expunged from your criminal record depends on the outcome of the case and specific circumstances. Note that convictions cannot be expunged. If the fraud charge is dismissed by the court or dropped by the prosecution (nolle prosequi), you can petition for expungement.
In Virginia, whether first-time offenders face jail time for fraud depends on the specific fraud offense, the value of the property or money involved, and the circumstances of the case. Jail time is not common for first-time offenders charged with fraud for amounts under $1,000, provided they have no prior criminal record. Talk to Attorney Nolan today for a free consultation about your case to determine if jail is possible.
