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Injunctions Against Fraud

Under federal law, courts can issue injunctions against those who are accused of violating certain white collar crimes. Generally, these injunctions restrain the accused from disposing of or transferring their assets. This can have serious consequences for those who are wrongfully accused of fraud, so if you are being investigated for involvement in fraudulent activities, it is important to contact an experienced white collar crime lawyer who can help you formulate a defense.

When are Injunctions Against Fraud Issued?

These types of injunctions are only issued when a case involves allegations of specific crimes, including:

  • Conspiring or attempting to conspire against the U.S. or one of its agencies;
  • Committing or preparing to commit a violation of banking law, which includes defrauding a financial institution or attempting to obtain funds, assets, or securities owned by or under the control of a bank by false pretenses; and
  • Committing or attempting to commit a federal health care offense, including defrauding a health care benefit program or attempting to obtain, by false pretenses, money or property owned by such a program, including health care benefits, items, and services.

In these situations, the Attorney General is permitted to commence a civil action against the accused to enjoin, or restrain that person from furthering the fraudulent activity, but only if there is evidence that:

  • The person is alienating or disposing of property obtained as a result of a banking law violation or intends to do so; or
  • The person is intending to or has begun disposing of assets that are traceable to a violation of federal health care law.

If these elements are satisfied, the Attorney General can request that an injunction be issued against the accused.

What are the Effects of an Injunction Against Fraud?

Injunctions are essentially restraining orders that are issued by a court and prohibit a party from doing something. In this case, an injunction against fraud stops the subject from withdrawing, transferring, removing, wasting, or disposing of certain property or assets of equivalent value.

Injunctions can either be permanent or temporary, and in either case, courts are directed to schedule a hearing on the issue as soon as possible. However, they are permitted to issue a restraining order or to otherwise prevent a continuing and substantial injury to the government, or another person before a final determination has been made on the issue of the subject’s guilt.

Call an Experienced White Collar Crime Attorney Today

Having an injunction issued against you can seriously derail your life, making it difficult if not impossible to deal with financial matters and wreaking havoc on your personal or professional reputation. Injunctions against fraud can be especially damaging for businesses who stand to lose profits and investors, so if you are being investigated for fraud and have since been issued an injunction or another type of restraining order, please call (305) 670-9919 to discuss your case with experienced Miami white collar crime attorney Jeffrey S. Weiner, P.A. A member of our legal team is standing by to help you throughout each step of your case.

Resource:

law.cornell.edu/uscode/text/18/1345

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