Atlanta Fraud Lawyer

The prosecution must prove certain elements to secure a conviction in fraud cases. These elements include:

• The accused deliberately misrepresented the truth.

• The accused knew the inaccuracy of the information presented.

• The accused intended for the misrepresented information to be relied upon by the alleged victim.

• The supposed victim experienced a loss because they relied on the false information.

Once these elements are established, a person can be found guilty of fraud. The penalties will vary based on factors such as the nature of the crime, the number of individuals affected, whether the scheme extended across multiple states, the value of the losses, and the defendant’s prior criminal record.

Types of Fraud in Georgia

Forgery

Forgery, using a counterfeit document, signature, or other imitation to deceive, is a severe offense under Georgia law. This fraud offense is classified into four categories:

• Forgery in the First Degree: This offense involves an individual knowingly attempting to use or successfully uses altered, fabricated, or counterfeit documents, other than a check, to deceive others into believing they are something other than what they are. First-degree forgery is a felony and can result in a term of imprisonment between one and 15 years. 

• Forgery in the Second Degree: This offense involves altering, creating, or possessing a document, other than a check, intending to make others believe it was produced by someone else or at a different time. Second-degree forgery is a felony and can result in a term of imprisonment between one and five years.

• Forgery in the Third Degree: This offense involves making, altering, uttering, or delivering a check in the amount of $1,500 or more in a fictitious name or possessing ten or more checks written without a specified amount in a fictitious name. Third-degree forgery is a felony and can result in a term of imprisonment between one and five years.

• Forgery in the Fourth Degree: This offense involves making, altering, uttering, or delivering a check in an amount less than $1,500 in a fictitious name or possessing less than ten checks written without a specified amount in a fictitious name. Fourth-degree forgery is also a felony and can result in a term of imprisonment between one and five years.

Credit Card Fraud

Credit card fraud involves the unsanctioned use of a financial transaction card, like a debit or credit card. In Georgia, such actions are deemed illegal and can result in felony charges and severe penalties upon conviction. Those found guilty of credit card fraud may face fines of up to $5,000 and a term of imprisonment between one and five years.

Identity Fraud

Identity fraud is the unauthorized use of someone else’s personal information without their consent. This includes the illicit use of Social Security numbers, identification documents, or any other fraudulent or fictitious details. Committing identity theft is a grave offense, carrying penalties of up to $250,000 in fines and 15 years in prison.

Insurance fraud

Insurance fraud involves deceiving an insurance company for personal financial gain. It encompasses a range of deceptive practices like submitting false information, inflating claims, staging accidents, or intentionally causing property damage. The penalties for engaging in insurance fraud include fines of up to $100,000 and a term of imprisonment between two and ten years. 

It is important to note that a fraud offense may be charged at the federal level, depending on the circumstances. If the federal government decides to prosecute, you can be charged and tried in federal court. These crimes will carry their own penalties that may differ from the state-level offenses. At Conoscienti & Ledbetter, our attorneys are dedicated to defending you in state and federal fraud cases.