Bank Fraud

To convict under the federal bank fraud statute, 18 U.S.C. § 1346, the government has to prove that a defendant:

(1) knowingly and willingly devised a scheme or artifice to either defraud a federally insured bank or obtain money or property under the custody or control of a specific United States bank, by means of materially false or fraudulent pretenses, representations, or promises;

(2) that the defendant did this with the intent to victimize the named victim bank by exposing the named bank to actual or potential loss;

(3) that the named banks were insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation; and

(4) that the defendant either executed, or attempted to execute, the scheme or artifice to defraud the named victim United States bank, or that the defendant executed, or attempted to execute, the scheme to obtain money or property under the custody or control of these specific United States banks, by means of materially false or fraudulent pretenses, representations, or promises.

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H. MANUEL HERNANDEZ, P.A.
Mailing Address: P.O. Box 916692, Longwood, Florida 32791
By Appointment Only: 37 N. Orange Avenue, Suite 500, Orlando, FL 32801
407-682-5553