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Federal Fraud

Federal Fraud

Fraud prosecutions make up the bulk of cases filed in U.S. District Courts. These fall under the rubric of whited collar offenses. Federal prosecutions are governed by federal statutes called the United States Code. It is not the same as State laws, although much of the activity overlaps. There are various statutes that prohibit conduct that is considered fraud. Each statute is specifically tailored to that conduct and can carry its own punishment range. The following are but a few of those statutes that are most often prosecuted.

Bank Fraud

Bank Fraud involves fraud occurring within or against financial institutions that are insured or regulated by the U.S. Government. Most banks and credit unions are federal insured by either the FDIC or FSLIC. By virtueof being federally insured, any violation constituting a fraud on one of these institutions is considered to be a federal bank fraud. The statute is found at Title 18 U.S.C. Section 1344 that states:“Whoever knowingly executes, or attempts to execute, a scheme or artifice—

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”

Daniel Wannamaker has represented many individuals and corporations charged with bank fraud. Mr. Wannamaker’s experience includestaking a number of these cases to trial and won. SEE TRIAL SUCCESSES. Many attorneys will profess the ability and skill to handle bank fraud cases... at Wannamaker & Associates talk the talk and can walk the walk!

Mail Fraud

Mail fraud is just as it sounds. This statute covers any intended fraudulent conduct that utilizes the postal service or private carrier. This is a very common crime that is most often prosecuted by the government. If you attempt to further any fraudulent activity and use a postal service in that crime will be prosecuted for mail fraud. An example of bank fraud and mail fraud used in tandem is when a person uses the mail to send a credit card application using someone else’s identity or lies on the application. The statute governing is found at 18 USC 1341 and says it part:

“Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter... for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, shall be fined under this title or imprisoned not more than 20 years, or both....”

At Wannamaker & Associates, we have handled hundreds of mail fraud cases and have successfully defended against those charges.

Wire Fraud

With the advent of use of the internet, telephone, fax and wire transfers, wire fraud is fast becoming a the replacement for mail fraud as the go to crime for the government. Just think of the last time you use the mail. Now think of the last time you communicated over the internet or wired a bank transfer or sent a Western Union money order. That particulate statutes is 18 USC 1343 and says:Whoever, having devisedor intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both....” Wannamaker and Associates has represented many clients over three decades charged with this crime.

Securities Fraud

Securities Fraud is a complex and difficult area of the law. Even the most seasoned federal attorneys have never represented anyone charged with securities fraud, much less successfully. At Wannamaker & Associates, we have successfully negotiated a number of security fraud cases and in some cases, kept our clients from being charged criminally. In one case, a client was illegally manipulating stock sales and we negotiated a civil penalty rather than a criminal prosecution. Securities fraud is found at 18 USC 1348 and states that any person who knowingly executes or attempts to execute a scheme to defraud anyone in connection with a commodity or a security registered with the Securities and Exchange Commission can be prosecuted for securities fraud. This is not a case for a novice or simply someone who is licensed in federal court. It is very complex and must be handled by someone with experience and the expertise in this areaof the law. Wannamaker & Associates has that experience and expertise as shown by our track record.

FEATURED RESULT

NOT GUILTY in federal Mail Fraud case

US v. Anthony Strother

Jury trial of a man charged with Mail Fraud in an 18 count indictment. The case was designated "complex and voluminous litigation."

Cyber Crime and Computer Fraud

Cyber crime covers a number of activities utilizing the use of computers and the internet. The range is expansive; it covers from the use of the internet by alleged terrorist or foreign governments and non government entities to hackers. Malware and any use of programs designed to intercept, interfere or gain entry into the use of a computer is called cyber crime. Computer fraud is the attempt to gain access to secured data and information for the purposes to defraud a person, institution or agency. 18 U.S.C. 1030 is the federal statute outlawing computer fraud.

Healthcare Fraud

With the aging population, healthcare fraud is a going area of federal prosecutions. Many private companies are under scrutiny for billing and ‘coding’ practices in charging either patients or Medicare or Medicaid. Dan Wannamaker has successfully defended several clients who were charged with this offense, successfully. The statute is open to great interpretations and mistakes by clients often times appear to be willful and fraudulent. 18 U.S.C. 1347 states:

a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—

(1) to defraud any health care benefit program; or

(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program,in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both; and if the violation results in death, such person shall be fined under this title, or imprisoned for any term of years or for life, or both.

(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.

Tax Fraud

Tax fraud is, again, one of those offenses that is self explanatory. It quite simply reporting inaccurate information designed to defeat the collection of taxes. 26 USC 7201 says; “Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.” Daniel Wannamaker has successfully assisted clients avoid prosecution for this offense. Typically this is achieved by interfacing with the government early and arriving at a settlement that results in the matter being handled by civil penalty rather than criminal prosecution.

RICO

Racketeering is the process of forming or running an organization to operate or commit criminal activities. Organized Criminal Activity involves criminal activities which occur within a centrally controlled group or organization. This is a statute that was originally utilized to combat organized crime such as the Mafia. Since its enactment, it has been used to combat widespread organizations such as the Texas Syndicate and most recently the Zeta drug cartel. Daniel Wannamaker has represented a number of individuals prosecuted under this statute. Most recently, he represented one of the individuals prosecute for the attempted capital murder assassination of a state court judge in the Onyeri trial that was much publicized.

Presidential Pardon

Daniel Wannamaker has successfully represented high profie clients and has more trial and appellate experience than most other attorneys. He has obtained a rare Presidential Pardon from President Obama for a client who was formerly with the U.S. State Department.

Ultra Responsive, Did everything he said he would do

Dan was very responsive from my first phone call all the way through the case, and then after the case was settled. He walked me through the entire process, was never late for a hearing, and did more than I think any other attorney in the price range would have. Dan is reasonably priced. Not cheap, but when it comes to a quality defense, cheap isn't what you should be looking for.

- Anonymous

Best lawyer I ever had

Dan was my attorney for a Federal 200 lb marijuana case. I’m a third time offender and was worried about being labeled a career offender which carries 12 yrs. He argued my case down to 4 yrs and I didn't have to do anything except trust him. I highly recommend him to anyone that is praying for a miracle.

- MT

I would trust Daniel Wannamker with my life!!!!

Dan Wannamaker was the best attorney I could ask for. My husband was facing a life sentence on a serious crime. A RICCO case to be specific. I remember feeling hopeless, and afraid of what I did not know could, or would happen. Daniel Wannamaker did an OUTSTANDING job with his defense. Although my husbands case seemed hopeless, he was able to receive a much reduced sentence.

- Maria H.

Great attorney, Hyper responsive

Dan worked with me on my case for just over 12 months, but then after the outcome he was still available for emails and phone calls when I had questions. And I knew he was working some high profile cases at the time so I could easily have felt brushed aside.

- Russel S.

I would hands down recommend Dan Wannamaker to anyone who needs his expertise.

Many years ago Dan represented me on a really old federal issue and I must say Dan is absolutely one of the best attorneys. He is persistent, genuine, hard working, and is undoubtedly one of the best not only in Texas, but I would argue in the country.

- Michael S.

I would DEFINITELY use him again

He kept us totally informed about everything. He did an excellent job in her defense and was reasonably priced. I would DEFINITELY use him again if I needed someone. Couldn't ask for a kinder person who could also do exactly what he needed to do in the court room.

- Jamie H.

Mr. Wannamaker is a VERY wonderful attorney!

He defended my son on charges that carried a life sentence, but he fought tooth and nail and got him less than 20 years. Mr. Wannamaker held my hand and walked me through this entire process by always answering my questions of concern and showing me that he genuinely cared about my son. I would recommend him to anyone in need of a defense attorney!

- C.B.

I highly recommend Dan as your prospective attorney.

He has an Incredible wealth of experience and will be your greatest asset when dealing with the courts. He has proven to be very well organized, prudent, and communicative. I've kept in touch with him for years and would rely on him without hesitation should the need arise.

- Rain S.

He has great knowledge of the court system

Mr. Wannamaker was great at communicating with me as to what was going on with my case. He has great knowledge of the court system giving me the best advice and options with my case.

- Anonymous

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