Federal courts can issue court orders against those who are accused of violating certain economic crimes. In general, these precautionary measures limit the accused to dispose of or transfer his assets. This can have serious consequences for those unfairly accused of fraud, so if you are being investigated for your involvement in fraudulent activities, it is important that you contact an expert white collar crime attorney who can help you formulate your defense.
When are fraud charges issued?
These types of precautionary measures are only issued when a case involves allegations of specific crimes, which include:
- Conspiring or attempting to conspire against the United States. USA or one of their agencies
- Committing or preparing to commit a violation of banking law that includes defrauding a financial institution or attempting to obtain funds, assets, or securities owned by a bank or under the control of a bank under false pretenses
- Committing or attempting to commit a federal health care crime, including defrauding a health care benefits program or attempting to obtain, under false pretenses, money or property from that program, including health care benefits, items and services.
The Attorney General may initiate civil action against the accused to prohibit or prevent that person from promoting fraudulent activity if there is evidence that:
- The person is disposing or disposing of assets obtained as a result of a violation of banking law or intends to do so
- The person intends or has begun to dispose of assets that may be attributed to a violation of the federal health care law.
If these elements are met, the Attorney General may request that a court order be issued against the accused.
What are the effects of a fraud warrant?
Prosecutions are essentially restraining orders issued by a court prohibiting an individual from doing something. In this case, an anti-fraud court order prevents the subject from removing, transferring, disposing of, or wasting certain assets or assets of equivalent value.
Court actions can be permanent or temporary, and in any case, courts are ordered to schedule a hearing on the matter as soon as possible. However, they are allowed to issue a restraining order or otherwise avoid continued and substantial injury to the government or another person before a final determination has been made on the subject’s guilt issue.
Call an experienced white collar crime attorney today!
Having a court order issued against you can seriously derail your life, making it difficult, if not impossible, to deal with financial matters and wreak havoc on your personal or professional reputation. Anti-fraud actions can be especially detrimental to companies losing profits and investors, so if you are being investigated for fraud and a court order or other type of restraining order has been issued since then, call ( 305) 670-9919 to discuss your case with an experienced Miami white collar crime attorney, Jeffrey S. Weiner, PA. A member of our legal team is ready to assist you with every step of your case.