bank fraud

March 3, 2023

Feds Secure Guilty Plea in Crypto Winter Reckoning

by Law Offices of David L. Freidberg, P.C.

The crypto winter reckoning is upon us, and individuals in thousand-dollar suits are now heading to Club Fed for an extended period after they were accused of fraud and making illegal donations to political campaigns. As of now, everyone around Sam Bankman-Fried, the former CEO of FTX, appears to be going down. The federal authorities have announced plea bargains in some deals, which will benefit the state’s prosecution.

The U.S. government has a vested interest in seeing these individuals pay for rocking the U.S. financial markets when they were already under strain. Many Americans who were afraid of the collapse of the U.S. dollar invested in gold or Bitcoin. Those who used FTX’s brokerage platform had their accounts frozen and are unlikely to recover all of what they once had.

Meanwhile, the chain of bankruptcies caused the value of cryptocurrency to collapse across the board, depreciating investor assets in the process.

January 7, 2022

More Indictments for Washington Bank Executives in Chicago

by Law Offices of David L. Freidberg, P.C.

Most folks do not understand how our economic system really works. What is a bank? What is a security? What is a corporation? Folks who have general ideas about what the concepts mean tend to be misinformed. As an example, most folks believe that banks use deposits to issue loans. They do not. Banks can fabricate loans ex-nihilo so long as they pay interest on the loans they create. Once the loan has been issued, the bank issues a deposit to the borrower and creates a liability in its own ledger. If all goes well, the bank makes money because the interest paid by the borrower is greater than that charged by the Federal Reserve.

So, what if I created a bank just to issue worthless loans to my pals? Well, then you end up in prison. The system is actually quite easy to abuse, but the thing you have to understand is that they will catch up with you eventually. In this case, the bank was closed after accruing $66 million in non-performing loans issued to bank insiders. The government, of course, believes that they used the bank apparatus to fabricate money they had no intention of ever repaying.

The charges

June 19, 2020

Chicago Businessman Faces Federal COVID-19 Fraud Charges

by Law Offices of David L. Freidberg, P.C.

Rahul Shah became the first person in the Chicago area with the dubious distinction of defrauding the federal government for coronavirus relief funds. Shah applied for a $441,000 federal loan earmarked for small business relief during the coronavirus pandemic.

When confronted concerning the suspicious forms used to apply for the loan, Shah said he had workers in India file the forms for him. Later, however, he reversed course and admitted that the loan was keeping his business afloat. Shah is charged with bank fraud and making false statements to a financial institution.

The Paycheck Protection Program

May 8, 2020

FORUM Boss Charged With Theft of Grant

by Law Offices of David L. Freidberg, P.C.

Yesse Yehuda, the politically-connected head of the FORUM non-profit, has been charged by federal authorities for misappropriating $200,000 in funds earmarked to develop south suburban properties and fund a workplace training program.

Yehuda has been charged with eight counts of bank fraud and seven counts of wire fraud.

Where Did the Money Go?

July 31, 2019

Woman Faces Charges of Identity Theft of Empire Star

by Law Offices of David L. Freidberg, P.C.

Chicago police have arrested and charged Alicia Newby who allegedly stole the identities of several people, purchased thousands of dollars of merchandise online, and had the merchandise mailed to dummy addresses. One of the people whose identities she stole was Taraji P. Henson, who is a star in the hit television series Empire.

Alicia Newby is also the mother of six and has another child on the way. Newby is being represented by a court-appointed attorney. She is being charged with one count of continuing a financial crime enterprise. She has been released on $10,000 signature bail but is being monitored electronically and has been forbidden from contacting either victims of her alleged crimes or witnesses whom the prosecution intends to call.

Prosecutors Say Newby Managed to Hack Henson’s Email

January 23, 2019

The Most Common Fraud Crimes in the United States

by Law Offices of David L. Freidberg, P.C.

On January 17, a man from Winnetka was given a five-year federal prison sentence for fraud.

50-year-old Thomas Lindstrom led a scheme that cost his customers almost $14 million dollars in losses. As a result, the Northfield-based company that employed him was forced to close its doors.

The former options trader at the Chicago Board of Trade was given a prison term that was approximately half the recommended federal guideline. His lawyer argued that Lindstrom committed fraud because of his fear of failure and to maintain the lavish lifestyle he was living in the North Shore.

March 8, 2017

Securities and Commodities Fraud in Chicago: Ensuring Financial System Compliance

by Law Offices of David L. Freidberg, P.C.

The complexity of the securities and commodities fraud case list means that the legislation must be written in such a way as to encapsulate all the various forms of criminality that are involved. Typically, this means that there are many agencies that support the work of the prosecutor even if they are not directly involved in handling the criminal case (see the Lindstrom case). For example; there is almost always a civil aspect of the case management that focuses on recovering some of the lost funds in order to compensate the victims. For purposes of clarity and consistency, the courts have tended to separate the criminal from the civil aspects of the prosecution.

The other important consideration is the systemic malaise that is associated with securities and commodities fraud. These are some of the most important platforms for handling large scale trade. That means that vast sums of money are exchanged, sometimes relying on individual investors who sink in their life savings. It is therefore abhorrent to the courts that public confidence would be undermined by fraudsters who use the product in order to access their victims. That is why in some cases the punishments for this type of crime have appeared to be harsh. The courts are particularly concerned to ensure that the perpetrators do not get away with large stacks of cash when the victims are left to rely on the small comfort of a successful criminal prosecution.

Investor Agents with No Qualifications and Bad Intentions

February 15, 2017

Bank Fraud in Chicago: White Collar Theft

by Law Offices of David L. Freidberg, P.C.

The crime of bank fraud is sometimes thought of as being harmless given the fact that it involves big powerful corporations and rarely involves any violence. However, the courts take it seriously and are quite capable of imposing significant penalties for it. The technical definitions of the crime include the illegal acquisition of assets, money or property by any entity or institution through deceit and dishonesty. Given the concern about an implied leniency against white collar offenders, bank fraud has sometimes been elevated to the level of a federal crime.

According to the Bank Fraud Act, the prosecution is free to label and pursue the crime depending on the amounts involved and the method that was used. A level of sophistication as well as conspiracy will always be aggravating factors. On the other hand, the court will also consider the victim impact statements. Although the media coverage may often be sensationalist, the courts are at pains to demonstrate that they are bound by the sentencing guidelines as well as the facts as examined from the viewpoint of giving as much weight as possible to the intention of the legislature when the law was enacted.

Developing a Theory and Practical Basis for a Defense