Orlando, Florida Fraud Defense Lawyers
Obstruction Charges in Lieu of Fraud Charges
The government takes an aggressive view of hidden, altered, or destroyed records. Missing or doctored documents in a fraud investigation can quickly turn a non-criminal case into a criminal one. An experienced attorney can help to convince investigators that there was no criminal intent, and instruct the client on not engaging in actions that can constitute obstruction of justice.
If you are charged with obstruction of justice in relation to a mortgage fraud or bank fraud investigation, or you are unable to produce documentation when requested, you should seek legal counsel immediately. Any statements to investigators, even if meant to be cooperative, could land you in further trouble and will be used against you if charges are filed. Contact the veteran criminal defense attorneys of the Law Offices of Mark L. Horwitz, a Professional Association at 407.401.7224 or 866.784.0023.
Obstruction of Justice
Over time, any loan or financial transaction results in the production of copious amounts of documents including applications, disclosures, tax returns, and bank statements. When a loan goes bad or signs of possible fraud are detected, internal bank auditors or state and federal regulators begin tracing the paper trail.
Even if the investigation turns up no solid evidence of an intent to defraud, the mere fact of incomplete or altered records becomes a de facto basis for fraud. If the government suspects a cover-up, it will often file obstruction of justice charges (1) in lieu of fraud charges, (2) in addition to fraud charges or (3) as leverage to gain a confession or identify co-conspirators when its basis for fraud is weak.
Obstructing justice can include:
- Destruction of evidence — shredding files, deleting e-mails
- Falsifying documents — forging signatures or entire documents
- Doctoring records — changing dates or data after the fact
- Missing documents — failure to produce records that should be in a file
Obstruction also refers to false or intentionally misleading statements to investigators. Many people innocent of fraud have lied to investigators out of fear of getting in trouble with an employer, or in trying to cover for family, friends, or co-workers. Obstruction of justice is a serious federal offense, punishable by up to 20 years in prison and up to $1 million in fines. For this reason it is critical to speak to a lawyer first.
At the first hint of trouble, contact our Orlando office to arrange a confidential consultation. We conduct our own investigation to show that, other than missing documents, there is no evidence of criminal intent to defraud. You can reach us at 407.401.7224 or 866.784.0023.
