Federal Bank Fraud Cases
Federal bank fraud under 18 U.S.C. § 1344 targets schemes to defraud federally insured financial institutions. Penalties are severe — up to 30 years in prison, fines up to $1 million per count, and Guidelines calculations that rapidly escalate based on loss amount. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris provides federal bank fraud defense.
The Bank Fraud Statute
Under 18 U.S.C. § 1344, bank fraud requires a scheme or artifice (1) to defraud a financial institution or (2) to obtain money or property owned by or under the custody or control of a financial institution through false or fraudulent pretenses. The statute reaches a broad range of conduct affecting federally insured banks and credit unions.
The Loughrin Decision
The Supreme Court’s decision in Loughrin v. United States addressed the scope of §1344(2), holding that the government doesn’t need to prove intent to defraud the bank itself — only that the defendant intended to obtain property from a bank through false representations. This holding maintains broad prosecutorial reach in check fraud, loan fraud, and similar cases.
Common Bank Fraud Prosecutions
Federal bank fraud cases in Kentucky commonly involve check kiting schemes, loan application fraud (including PPP loan fraud), mortgage fraud, credit card fraud involving bank-issued cards, wire transfer fraud, and business email compromise schemes. The Small Business Administration PPP program generated many bank fraud prosecutions across Kentucky.
Mortgage Fraud
Federal mortgage fraud cases frequently charge bank fraud alongside wire fraud, conspiracy, and false statement charges. These cases can involve straw buyers, inflated appraisals, misrepresented income or employment on loan applications, and schemes involving mortgage professionals, real estate agents, and borrowers.
Defense Strategies
Defense approaches include challenging intent to defraud, good-faith defenses in loan application cases, materiality challenges, challenging whether the institution was federally insured as charged, and constitutional challenges to searches and subpoenas. Loss calculations under Guidelines §2B1.1 are often contested, particularly where the government includes “intended loss” or “reasonably foreseeable loss” amounts that exceed actual losses.
Contact Clark + Harris for Bank Fraud Defense
Federal bank fraud charges carry serious exposure. Clark + Harris provides the experienced defense you need.
Call 859-474-0001 today for a confidential consultation.
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 Criminal Defense for Kentucky Healthcare Workers
- Federal Criminal Defense for Business Owners in Kentucky
- Federal Criminal Defense for Non-Citizens in Kentucky
- Federal Criminal Defense for Public Officials and Government Employees
- Federal Criminal Defense for Executives and Professionals