NYC Mortgage Fraud Attorney
Mark I. Cohen is an experienced NYC mortgage fraud attorney who frequently represents defendants charged with mortgage fraud in the United States District Courts for the Southern District of New York, and Eastern District of New York.
Generally, to convict someone of a Mortgage Fraud offense, a prosecutor must prove, beyond a reasonable doubt, that an applicant for a mortgage made a material misrepresentation; or omitted information on a mortgage application in order to obtain a loan that may not have been obtained had the lender known the truth. In the United States Courts, mortgage fraud is prosecuted as mail fraud, wire fraud, money laundering and/or bank fraud. Depending on the charges, mortgage fraud may carry up to thirty years in prison, and a fine, along with an order of asset forfeiture and restitution.
In the Federal criminal justice system, sentencing is based on a variety of factors set out in the United States Sentencing Guidelines. Perhaps the most important factor in a mortgage fraud case is the “loss amount”, which simply stated means the amount of money which is alleged to have been misappropriated and stolen from the victim(s). Other important factors include whether the offense involved material misrepresentations (i.e. that the defendant was acting on behalf of a charitable, educational, religious or political organization, or a government agency) and whether the defendant relocated the fraudulent scheme to another jurisdiction to evade law enforcement.
Charged with Mortgage Fraud in New York City?
During his 28 years of federal criminal defense practice, Mr. Cohen has mastered the procedural and substantive law pertaining to mortgage fraud and has also mastered the United States Sentencing Guidelines as they pertain to mortgage fraud offenses.
By retaining Mark I. Cohen, a defendant maximizes the chances that:
- He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
- He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
- He or she will be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
- He or she will be able to prevail at trial;
- He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
- He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison possible.
If you have been charged with mortgage fraud, you should contact Mark I. Cohen, an experienced NYC mortgage fraud attorney, to maximize your chances of preserving your freedom, reputation, and assets.