Fraud

Fraud crimes in North Dakota, or white collar crimes generally, are criminally prosecuted against those who try to profit from deceitful methods. The definition of such crimes can vary by state and may include identity fraud, Medicare/Medicaid fraud, mortgage scams, credit card fraud, and insurance fraud. Other circumstances may include embezzlement, misusing confidential information, and wire fraud. Judges in these cases will consider how much money was actually taken, how the crime was executed, and whether it was a repeated offense.

In North Dakota, there are several fraud crimes that you can be charged with. Due to the wide variety of fraud crimes, it’s important to understand them in detail so you know exactly what you’re facing and how to protect yourself.

If you are charged with a fraud crime, it’s important you consult with an experienced criminal defense lawyer who can help you understand the law, protect your rights, and put together a solid defense strategy.

Most common Fraud crimes in north Dakota

There are more than 30 offenses that could be considered fraud crimes in North Dakota. These include credit card fraud, mail fraud, health care fraud, and identity theft. Below is a list of some of the most common fraud crimes in ND:

Identity theft: Identity theft is a type of fraud that occurs when someone steals your personal information and uses it to open new accounts, make purchases, or commit crimes in your name.

Insurance fraud: This kind of fraud involves deliberately lying about an injury or loss to file a fraudulent insurance claim.

Forgery: The act of making a fake document so that someone else can be tricked into believing that it's real. For example, forging checks could allow someone to withdraw money from someone else's bank account without permission.

Identity Theft

Identity theft occurs when a person uses another person's personal information, such as name, social security number (SSN), or credit card number, without permission, to commit fraud or other crimes.

The penalties for identity theft can be quite severe depending on the facts of the case.

Importantly, you can also be charged with identity theft in North Dakota regardless of whether there is any actual economic or monetary loss to the individual. For example, simply using a fake ID to get into a bar could result in a Class A misdemeanor with maximum penalty of 360 days in jail and up to a $3,000 fine.

A second or subsequent offense is a Class C felony that carries a maximum penalty of 5 years in prison, a fine of $10,000, or both.

Identity Theft Penalties in North Dakota

Penalties for identity theft in North Dakota are usually based on the amount of money that was stolen, where a greater financial gain equals a more serious crime.

< $1,000 stolen: Class C felony: up to 5 years in prison, a fine of $10,000, or both.

> $1,000 stolen: Class B felony: up to 10 years in prison and a fine of $20,000.

Subsequent offenses: Class A felony: up to 20 years in prison and a $20,000 fine.

Mortgage fraud is an illegal act that involves deliberately misstating, misrepresenting, or withholding information on a mortgage loan application with the intent to deceive a lender, borrower, or other person involved in the loan transaction.

Trying to falsely represent yourself as a person of higher income in order to qualify for a loan is an example of mortgage fraud, as is making false statements about your employment status or debts and assets.

Having bad credit and trying to get a mortgage from a bank by writing fake letters from employers and other companies is also considered mortgage fraud. In some cases, someone who has been denied a loan may be tempted to commit mortgage fraud in order to secure the funds they need.

There are several different types of fraudulent acts that people can commit when it comes to obtaining mortgages. The following are all examples of criminal activities related to mortgage fraud:

• Falsifying income or asset information on a loan application

• Lying about employment history and occupation on an application

• Concealing liabilities like bankruptcy, unpaid bills, or delinquent accounts from lenders

• Submitting false documents like tax returns, W2 forms, or pay stubs

Mortgage fraud can be prosecuted on the state or federal level.

Bank fraud is a serious crime that can result in large fines and potential prison time. It is important to know that bank fraud is not simply stealing money from a bank - it is using deception to obtain money, property, or anything of value from a bank.

The most common type of bank fraud is account fraud. Account fraud occurs when someone pretends to be another person in order to gain access to that person's bank accounts.

This can include impersonating the account holder, pretending to be an authorized user on the victim's account, or opening a new account in the victim's name and then withdrawing funds from the account.

Unlawful skimming of credit or debit cards

Individuals can also commit bank fraud by targeting ATM machines and point-of-sale terminals at retail locations. They use skimming devices to steal information when an unsuspecting consumer uses their debit or credit card. Bogus checks and counterfeit money orders are also commonly used by criminals who commit this crime. The details of this crime are a outlined in the North Dakota Century Code section 12.1-23-18.

The law classifies first offenses as a Class B felony with a penalty of up to 10 years in jail, a fine of $20,000, or both.

Subsequent offenses are class A felonies carrying a maximum penalty of 20 years in prison and a $20,000 fine.

The crime can also carry a civil fine of not more than $100,000.

Authorities can charge individuals who simply own or possess one of these devices with a Class A misdemeanor, even if it was not used during a crime.

Insurance fraud occurs when someone intentionally files a false insurance claim with the intent of making money. The term is used to describe many different types of insurance fraud, including health care fraud and auto insurance fraud, among others. Insurance fraud is a serious offense under North Dakota law and can result in fines, potential jail time, and more.

People can commit insurance fraud as an individual or through their company/job when they attempt to deceive an insurance company into giving them money. This may involve making a false claim, or it may involve a person or business that is not insured trying to get the benefits of being insured.

Here are the most common insurance fraud scenarios:

• Staged auto accidents

• Staged injuries

• Over-billing

• Misrepresentation (falsifying information)

• False claims

• Fraudulent medical claims (including Medicare fraud and workers' compensation fraud)

• Illegal kickbacks

• Billing for services not rendered (upcoding)