Conspiracy to Commit Bank Fraud (18 U.S.C. 1344; 18 U.S.C. 371)

Last Updated on: 11th March 2025, 01:06 am

CONSPIRACY TO COMMIT BANK FRAUD (18 U.S.C. 1344; 18 U.S.C. 371)

If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. You might be under investigation for conspiracy to commit bank fraud, or you may know someone who was accused of this crime. Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you. We are Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek, and we believe, honestly, in providing the best possible customer service and results. Let’s break down what conspiracy to commit bank fraud means, how it can affect your life, and how we defend you against these serious charges.

WHAT EXACTLY IS BANK FRAUD?

Bank fraud is a crime that was created by Congress to protect institutions against theft and deceit. It occurs when someone uses false information or lies to get money or assets from a bank or other financial institution. The statute that was written under 18 U.S.C. 1344 and it is designed to cover a wide range of schemes involving checks, wire transfers, loan applications, and more. For more official information, you can also visit the U.S. Department of Justice website.

If you, or your associates, are accused of conspiring to commit bank fraud, you can also be charged under 18 U.S.C. 371, which deals with the act of planning, or agreeing with others, to break federal law. A conspiracy which was formed with even just one other person can lead to these federal charges, which can carry major penalties ranging from fines, to jail time.

WHAT DOES “CONSPIRACY” MEAN?

Conspiracy is a word that was used by prosecutors to describe an agreement between two or more people to commit a crime. If you and someone else made a plan to deceive a bank, and at least one of you took a step to carry out that plan, then you might face conspiracy charges. These charges can stick, even if the actual fraud never happened. It doesn’t require you to take steps to make it happen – just to plan it.

Consequence: A conspiracy charge that was brought against you could expand your potential sentence, because the government argues that coordinating with others makes a crime more dangerous. The prosecutor might also try to hold you responsible for the actions of your co-conspirators, meaning you can face serious penalties if you don’t fight back.

PENALTIES AND PUNISHMENT

We won’t sugarcoat the seriousness here. If you are convicted of conspiracy to commit bank fraud, you could face a prison sentence that was set up to last decades, plus major financial fines. Specifically, bank fraud alone can lead to up to 30 years in prison and a fine of up to $1,000,000 per count under 18 U.S.C. 1344. When you add the conspiracy angle (18 U.S.C. 371), you can see why the stakes are so high.

If you think you can ignore this problem, you’re fooling yourself. A single guilty plea or conviction can destroy your future, and result in major penalties. Time behind bars means loss of freedom, which can ruin your entire life. That disruption can cause problems with your family, your employment, and your finances. You can also lose your right to vote or own a firearm, which are consequences that change your place in society.

WHY ARE THESE CHARGES TAKEN SO SERIOUSLY?

From the perspective of the prosecution, bank fraud is a threat to the financial system. Banks that are tricked or cheated can lose millions of dollars, which can impact everyone who does business with that bank. The government sees this as a national security issue. From your vantage point, you see your livelihood on the line. This is exactly why you need a top criminal defense attorney who knows federal law inside and out. If you try to handle this alone, you could slip up and make your situation far worse.

Consequence: Prosecutors who think you defrauded a major bank will come at you hard. They might put pressure on co-conspirators to testify against you, which can lead to a race for “the best deal” with the government. That type of scenario can leave you feeling betrayed and left behind unless you have a legal team that can protect your interests.

COMMON SCENARIOS THAT TRIGGER THESE CHARGES

• Writing checks from an account that was opened under a false identity, which leads to overdrafts.
• Submitting false loan applications that were padded with fake income statements.
• Embezzling funds from a business account by using forged documentation.
• Overstating property values in a mortgage application, in order to get bigger loans.

These are just examples that show how easily conspiracy can form. If you shared a plan with another individual to do these things, the government might try to rope you both into a federal criminal case.

OUR STRATEGIES TO DEFEND YOU

We are Spodek Law Group, recognized as a top rated state, and federal, criminal defense law firm. We believe, earnestly, in designing a strong plan that can help you overcome these allegations. Here’s how we typically work:

1. Thorough Investigation: We collect every shred of evidence that was related to your case. We speak with witnesses who were present, analyze documents, and consult expert witnesses who can shed light on complicated financial transactions. We leave no stone unturned.

Consequence: This deep dive could reveal that certain evidence was illegally obtained, which makes it inadmissible. That means the jury may never see it, which can turn the tide in your favor.

2. Challenging Intent: Conspiracy to commit bank fraud usually requires proof that you intended to defraud a financial institution. If we show there was no true intent to break the law, the prosecution’s case can fall apart.

Consequence: Without strong evidence of criminal intent, the government can’t secure a conviction. That can force them to drop or reduce charges.

3. Lack of Knowledge: In some cases, you might have been roped into a situation that was orchestrated by someone else. If you had no idea a crime was taking place, you could argue lack of knowledge, which could reduce or dismiss the charges against you.

Consequence: Showing that you were unaware of fraudulent activity can cast reasonable doubt on your role in the scheme, opening the path to an acquittal.

4. Plea Bargaining: Sometimes, you prefer to settle the matter quickly. If that’s your priority, we’ll work with prosecutors to see if a plea deal is in your best interest, but we’ll only do it if it leads to a significantly better outcome than a risky trial.

Consequence: A well-negotiated plea can reduce jail time, fines, or both, which makes it easier for you to move forward with your life.

TO THE PERSON WHO’S MAKING EXCUSES

I won’t tolerate excuses. If you’re telling yourself that you can “just wait and see how things pan out,” that is a giant mistake. The government is not going to let you off the hook without a fight. If you’re ignoring the seriousness of these charges, you’re setting yourself up for a harsh reality check. By doing nothing, you risk losing your freedom, and you risk wrecking your future.

You need to think bigger. This means working with a criminal defense team that thinks in systems, not surface-level fixes. We look for root causes, so we can undo the government’s case. We also uncover points that create maximum impact, so we can push back hard in negotiations or in court. We’ve seen prosecutors try to bury defendants in stacks of evidence.

QUICK-REFERENCE FAQ TABLE

WHY CHOOSE SPODEK LAW GROUP

We are available 24/7, to provide a risk free consultation. We have locations throughout Long Island and NYC, plus we handle cases nationwide. Our team has over 50 years of combined experience, which means we’ve seen every possible case imaginable. When you reach out, you can ask us anything, regardless of how long it takes – the risk free consultation is for you.

We get it: This is a life-changing moment. If you are convicted, you could face serious prison time, which can ruin your job prospects. You could owe steep fines, which could bury you in debt. You might destroy your reputation, which can isolate you from family and friends. But you do not have to face this alone. We’re here to build a strategic defense that pushes beyond the basics, so you can keep your life on track.

TAKING THE NEXT STEP

Don’t hide behind excuses or let fear control you. Pick up the phone or click to contact us. Set up a risk free consultation with our NYC criminal lawyers. During that meeting, we’ll dissect your situation, figure out the strong points of your defense, and consider how to dismantle the government’s claims. Our philosophy is rooted in winning. If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case.

Consequence: If you delay too long, the prosecutor and the government might get ahead of you. They can gather witness statements, seize documents, and freeze accounts, which makes it even harder to defend yourself. The sooner you act, the more control you have over the outcome.