Kentucky Fraud Lawyer

Law Dictionary (8th ed. 2004) defines fraud as “a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.” The injury in fraud usually deprives a person of money or other property that rightfully belongs to that person. Fraud crimes are classified according to the type of transaction in which the deception occurred. Fraud is a serious and broadly defined criminal offense. 

Criminal fraud charges can be brought against a business, as well as against an individual (a business cannot be put in prison, but it can be hit with substantial fines). A charge of fraud — let alone a conviction — can seriously damage the reputation of a person or company. Zealous legal representation is imperative in fraud cases because the stakes are high. Seek help from a skilled fraud lawyer in Louisville, William M. Butler, Jr., as soon as possible. For over 35 years, he has successfully defended clients against fraud charges and compiled an impressive list of positive outcomes, and he can help you too.

For more information, please see our Case Results and Testimonials.

For immediate assistance, call William M. Butler, Jr. at (502) 237-0871 today, or contact him via email or text to schedule your confidential consultation.

Types of Fraud Charges in Kentucky

Fraud encompasses a wide range of criminal offenses that involve deception for financial or personal gain. The most common types of fraud cases prosecuted in Kentucky include:

Mail Fraud

The federal mail fraud statute (18 U.S.C. § 1341. Frauds and swindles) can be used against a wide variety of crimes. Mail fraud requires proof of four elements: a scheme devised or intended to defraud or for obtaining money or property by fraudulent means; intent; materiality; and use of or causing to use the mails in furtherance of the fraudulent scheme. The actual mailing does not have to be fraudulent, it just needs to be in furtherance of a fraud scheme. 

The use of the mail does not need to be an essential part of the scheme; it is sufficient if the mailings are incidental to an essential part of the scheme. The scheme to defraud element covers a wide variety of frauds including insurance fraud, medical fraud, credit card fraud, and securities fraud.

Wire Fraud

The federal wire fraud statute (18 U.S.C. § 1343. Fraud by wire, radio, or television) functions parallel to the mail fraud statute. The elements of wire fraud are essentially the same as mail fraud, except wire fraud requires a transmittal in interstate or foreign commerce by means of wire, radio, or television communication of writings, signs, signals, pictures, or sounds, instead of the use of the mail. There is no requirement that the defendant knew or foresaw that the transmission would go interstate, only that it did. 

Bank Fraud

The federal bank fraud statute (18 U.S.C. § 1344. Bank fraud) was passed in response to the increase in financial fraud in the early 1980s. The bank fraud statute makes it a crime to “knowingly execute, or attempt to execute, a scheme or artifice to defraud a financial institution, or to obtain . . . property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.”

Securities Fraud

Securities fraud (18 U.S.C. § 1348. Securities and commodities fraud) is the intentional deception of investors, resulting in financial gain. Anyone who offers, buys, or sells securities such as stocks, notes, and bonds is subject to securities laws. A corporation can be liable for securities fraud if it submits false information about its financial status to the public. Analysts, who must act in good faith and put their clients’ interests first, can be liable for securities fraud if they have a conflict of interest. Analysts can also be liable if they engage in a “pump and dump” scheme (a scheme in which they make sales calls pitching a stock, in an effort to increase demand for it, which drives the price up so that shares can then be sold for a quick profit).

Insider Trading

Insider Trading is one of the more common types of securities fraud. The markets for publicly traded securities operate on the notion that no trader is supposed to have an advantage over another trader. All trading is supposed to be based on information available equally to all participants. Insider trading is when a person who has information not available to the general public that could affect the price of a company’s stock — an “insider” — uses that inside information to make trades in securities. The inside information may be about a company the insider works for, or owns stock in, or it may be about a related company. Inside information could also be something you learn about a company you have no connection with, but that you learned from someone else — a “hot tip” from an insider. The essential thing about inside information is that it is something the public at large does not know.

Insider trading cases often involve traders who are employees, officers, or directors of a company. They also may involve professionals who work closely with a company, and who are in a position to know confidential details about a company, such as accountants, attorneys, brokers, or investment bankers. Insider trading charges also may be brought against traders who are not insiders, but who receive advice or information from insiders. Examples of this type of trader include other clients, customers, or even the family members of an insider.

Medicare Fraud

Federal and state governments are aggressive in seeking out and prosecuting cases of Medicare fraud. As the cost of healthcare has become an increasing concern nationally, this kind of scrutiny and the frequency of criminal charges, has increased as well. Health care professionals accused of fraud need a seasoned and knowledgeable defense lawyer to avoid losing their business. 

If you or your company is under investigation for Medicare fraud, or any other type of health care crime, Louisville defense lawyer William M. Butler, Jr. can help. He has over 35 years of defense experience handling these cases in state and federal court and is ready to use his skills and knowledge to protect your freedom, your reputation, and your practice. He has successfully defended thousands of clients and has compiled an impressive record of positive results.