Articles Tagged with bank fraud

maarten-van-den-heuvel-KSQgzzn3dW0-unsplash-copy-300x200Chicago 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

ales-nesetril-1070103-unsplash-copy-300x199On 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.

Chicago_Stock_Exchange_7405590890-300x193The 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

tim-evans-88330-300x200The 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

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