Federal bank fraud charges under 18 U.S.C. § 1344 carry penalties of up to 30 years in federal prison and fines up to $1,000,000 per count. These cases are often investigated by the FBI and prosecuted aggressively by the United States Attorney’s Offices for the Eastern and Western Districts of Kentucky in Lexington and Louisville. Clark + Harris defends bank fraud cases across the Commonwealth. Call 859-474-0001.
Elements of Federal Bank Fraud
To convict, the government must prove that the defendant knowingly executed or attempted to execute a scheme to defraud a financial institution, or to obtain money, funds, credits, assets, securities, or other property owned by or under the custody of a financial institution, through false or fraudulent pretenses, representations, or promises. The institution must be federally insured (e.g., FDIC).
Common Theories
- Check fraud and check kiting schemes
- Mortgage fraud, including straw buyers, false appraisals, and income misrepresentations
- Commercial loan fraud, including false financials submitted to obtain loans
- PPP and EIDL fraud arising out of the CARES Act response to COVID-19
- Credit card and access device fraud overlap with 18 U.S.C. § 1029 charges
Key Defenses
Defenses often focus on intent. Bank fraud requires a specific intent to defraud, which requires more than negligence or a business dispute. A defendant who believed representations were true, or who relied on professionals (accountants, loan officers, attorneys) in good faith, may not have the requisite criminal intent. In complex lending cases, we also examine whether the alleged misrepresentations were material — that is, whether they were capable of influencing the bank’s decision — and whether statute of limitations issues apply.
Sentencing
Federal bank fraud sentences are driven by U.S.S.G. § 2B1.1 and the loss amount. Intended loss, actual loss, number of victims, and sophisticated means enhancements can all dramatically affect the Guidelines range. Call Clark + Harris at 859-474-0001 for a confidential review of your case.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Federal Drug Trafficking Charges: Defending 21 U.S.C. § 841
- Federal Methamphetamine Cases in Kentucky
- Federal Fentanyl Cases and Drug-Induced Homicide Prosecutions
- Federal Cocaine Cases in Kentucky: Defense Strategies
- Federal Heroin and Opioid Distribution Cases