Federal court or state court
Bank fraud charges are frequently brought in federal court, where the case runs through a U.S. Attorney's Office and, for a felony, usually a grand jury indictment. The federal charge is aimed at schemes to defraud a bank or similar financial institution, or to obtain its money through false pretenses, and it is often paired with charges such as wire fraud, false statements on a loan application, or conspiracy. The same conduct can instead be charged in New York state court as larceny, forgery, or a scheme to defraud, which runs through the state court system, starting with arraignment in a local criminal court. Which system you are in shapes nearly everything that follows, including release conditions, the pace of the case, and how a sentence would be calculated.
Why the numbers in the case matter
In federal fraud cases, the amount of loss the government attributes to the scheme carries significant weight in the sentencing guidelines, along with factors such as the number of victims and a person's role. Prosecutors' loss figures are not always accurate; they can include amounts that were repaid, collateral that was recovered, or transactions you had nothing to do with. Restitution and forfeiture are usually part of the discussion as well. That makes the bank records central to the defense: account statements, loan files, underwriting notes, and communications with bank staff often show who prepared which document and what the bank actually relied on. We will want to review the discovery itself rather than the government's summary of it.
Decisions that come early
Some important choices arrive before the evidence is fully known. Release conditions may restrict travel, require surrender of a passport, or limit access to financial accounts, and they should be understood precisely. Do not discuss the case with co-defendants, bank employees, or others involved, because those conversations can be used and can look like interference. If you are not a U.S. citizen, fraud charges can carry serious immigration consequences, which need separate review before any plea is considered. Professional licenses and current employment can also be affected. In our first meeting we go over the charging document, the conditions you are under, and the scheduling that lies ahead, then plan how to get and test the bank records.
