Michigan Fraud Defense Lawyer

Identity theft occurs when someone uses another person’s personal identifying information without authorization to obtain credit, goods, services, or other benefits. Michigan law under MCL 445.65 prohibits stealing or using someone’s Social Security number, driver’s license, financial account information, or other personal data. Under the Identity Theft Protection Act (MCL 445.71), Identity Theft is a felony punishable by up to 15 years in prison. While related crimes like financial transaction device fraud (credit card fraud) can be misdemeanors, the specific charge of Identity Theft in Michigan does not have a misdemeanor tier.

We defend clients accused of using stolen credit cards, opening fraudulent accounts, filing false tax returns using another person’s information, and other identity-related fraud charges. Many identity theft cases involve misunderstandings about authorized use of accounts or situations where our client was themselves a victim of a scam.

Credit card fraud charges include using a stolen or unauthorized credit or debit card, using a canceled or expired card knowing it’s invalid, or making false statements to obtain credit. Banking fraud can involve check fraud (writing bad checks, forging signatures, altering check amounts), account fraud (opening accounts with false information), or wire fraud (using electronic transfers to carry out fraudulent schemes).

We regularly defend clients in Lansing facing charges related to disputed transactions, account access misunderstandings, or situations where they were manipulated by others into participating in fraudulent activities. The prosecution must prove you acted with intent to defraud, which often requires them to show what you were thinking at the time of the alleged offense.

Insurance fraud involves making false or exaggerated claims to insurance companies to receive benefits you’re not entitled to receive. This includes staging accidents, inflating damage claims, billing for services not provided (in healthcare contexts), or providing false information on insurance applications. Michigan takes insurance fraud seriously, with dedicated fraud investigation units that work closely with prosecutors.

We defend healthcare providers accused of billing fraud, individuals charged with auto insurance fraud, and people facing workers’ compensation fraud allegations. Many insurance fraud cases arise from legitimate disputes about coverage or misunderstandings about what information needs to be disclosed, and we know how to present these alternative explanations effectively.

Healthcare fraud charges often involve allegations that medical providers billed insurance companies or government programs like Medicare and Medicaid for services not provided, upcoded procedures to receive higher reimbursement, or engaged in kickback schemes. These cases are frequently investigated by federal agencies and can result in both state and federal charges.

We represent doctors, nurses, clinic administrators, and other healthcare professionals facing fraud accusations in mid-Michigan. Healthcare fraud cases are highly technical, requiring detailed analysis of billing codes, medical records, and complex regulations governing healthcare reimbursement.

Tax fraud involves intentionally providing false information on tax returns to reduce tax liability or increase refunds. This can include claiming false deductions, failing to report income, hiding assets, or filing returns using false identities. Tax fraud can be prosecuted by both state and federal authorities.

Many tax fraud cases begin as civil audits that escalate into criminal investigations when auditors suspect intentional wrongdoing rather than mistakes. We defend clients who made honest errors on their returns, relied on bad advice from tax preparers, or are facing disproportionate criminal charges for tax issues that should be handled civilly.

Investment fraud involves deceiving investors about the nature, risks, or potential returns of investment opportunities. This includes Ponzi schemes, pyramid schemes, securities fraud, and misrepresenting investment credentials or track records. These cases often involve multiple victims who have lost substantial amounts of money, making them high-priority prosecutions.

We defend clients accused of running fraudulent investment schemes, making material misrepresentations to investors, or failing to disclose conflicts of interest. Many of these cases involve complex business relationships and disputed interpretations of what was promised to investors.

Real estate fraud includes providing false information on mortgage applications, engaging in property flipping schemes that involve inflated appraisals, or participating in foreclosure rescue scams. Mortgage fraud became a major focus of law enforcement following the 2008 financial crisis, and prosecutors continue to pursue these cases aggressively.

We represent clients accused of lying about income or assets on loan applications, participating in straw buyer schemes, or engaging in other real estate-related fraud. Many real estate fraud cases involve situations where our client relied on advice from mortgage brokers, real estate agents, or attorneys who turned out to be orchestrating fraudulent schemes.

This category includes fraudulently obtaining welfare benefits, unemployment benefits, food assistance, housing assistance, or other government programs. Charges often arise when someone fails to report income or changes in household composition, continues receiving benefits after becoming ineligible, or provides false information on applications.

We defend clients throughout the Lansing area who made mistakes on benefit applications, didn’t understand reporting requirements, or are facing criminal charges for overpayments that should be handled through administrative processes. Prosecutors often pursue these cases more aggressively when large amounts are involved or when they suspect organized fraud rings.

We immediately begin our own investigation, obtaining all discovery from the prosecution including financial records, witness statements, and forensic accounting reports. We review every transaction, email, and document the prosecution plans to use against you, looking for inconsistencies, alternative explanations, and evidence that was overlooked or misinterpreted.

Most fraud charges require proof that you acted with specific intent to defraud. We attack the prosecution’s ability to prove what you were thinking and what you knew at the time. If you made honest mistakes, relied on advice from others, or had legitimate reasons to believe your actions were lawful, we present evidence supporting these alternative explanations.

Many fraud cases rely heavily on the prosecution’s financial expert witness who analyzes transactions and testifies about alleged patterns of fraudulent conduct. We retain our own forensic accountants to review the same records and provide alternative interpretations that support your innocence or show the prosecution’s expert made errors in their analysis.

We look for evidence the prosecution doesn’t have or can’t obtain. If key financial records were destroyed in accordance with standard retention policies, if witnesses have inconsistent memories of events years ago, or if the alleged victim kept poor records, we use these gaps to create reasonable doubt about what actually occurred.

If police obtained evidence through searches of your home, business, or electronic devices, we carefully review whether they had valid search warrants and whether they exceeded the scope of authorized searches. Evidence obtained illegally can be suppressed and kept out of court.

In cases where there’s clear evidence of financial loss but genuine disputes about criminal intent, we work to resolve cases through restitution agreements that avoid criminal convictions. Many fraud charges can be reduced or dismissed if you repay alleged losses, demonstrating the case was really a civil dispute rather than criminal conduct.

When cases can’t be resolved favorably through negotiation, we prepare thoroughly for trial. We develop themes that jurors can understand and relate to, prepare you to testify effectively about your actions and intentions, and challenge the prosecution’s case through aggressive cross-examination of their witnesses.

For fraud involving property or money valued under $200, charges are typically misdemeanors punishable by up to 93 days in jail and fines up to $500. Fraud involving $200 to $1,000, or fraud against a vulnerable adult involving any amount, can be charged as a one-year misdemeanor with fines up to $1,000.

As the amounts increase, so do the penalties. Fraud involving $1,000 to $20,000 is typically a felony punishable by up to five years in prison and fines up to $10,000 or three times the value obtained, whichever is greater. Fraud involving $20,000 to $50,000 can result in ten years in prison, while fraud over $50,000 but less than $100,000 carries up to fifteen years. The most serious fraud charges involving amounts over $100,000 can result in twenty years in prison.

Beyond jail time and fines, fraud convictions carry serious collateral consequences. You’ll have a permanent criminal record that appears on background checks, making it difficult to find employment, especially in positions involving financial responsibility. Professional licenses for accountants, financial advisors, healthcare providers, real estate agents, and attorneys may be revoked or suspended. You may be ordered to pay restitution to victims, which can amount to thousands or even millions of dollars. If your fraud involved federal programs or crossed state lines, you may face federal charges in addition to state charges, dramatically increasing potential penalties.

Many fraud defendants are placed on probation after conviction, with conditions including regular reporting to a probation officer, random searches, electronic monitoring, restrictions on computer and internet use, and requirements to maintain employment and provide detailed financial records to your probation officer. Violating probation conditions can result in the original prison sentence being imposed.

Immigration consequences can also be severe. Fraud offenses are typically considered crimes involving moral turpitude, which can result in deportation for non-citizens, denial of naturalization applications, and inability to return to the United States after traveling abroad.

Your Fourth Amendment rights protect you from unreasonable searches and seizures. If police searched your home, office, or electronic devices without a proper warrant or without your valid consent, evidence obtained may be suppressed. Your Fifth Amendment right against self-incrimination means you cannot be compelled to provide testimony or documents that would incriminate you, though this right has limits when it comes to required business records.

Many fraud defenses focus on challenging the prosecution’s ability to prove criminal intent. If you made honest mistakes, relied on professional advice you reasonably believed was accurate, or didn’t realize information you provided was false, you may lack the specific intent required for a fraud conviction. Good faith is a complete defense to many fraud charges.

The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. If their financial analysis is flawed, if witnesses can’t reliably identify you as the person who made fraudulent statements, or if records show different facts than the prosecution claims, we can argue the evidence is insufficient to support a conviction.

If law enforcement induced you to commit fraud you wouldn’t otherwise have committed, entrapment may be a defense. This is different from simply providing an opportunity to commit fraud, entrapment requires that police or informants actually persuaded you to engage in criminal conduct you weren’t predisposed to commit.

If you had a genuine mistaken belief about facts that, if true, would have made your conduct lawful, mistake of fact can be a defense. For example, if you used a credit card believing you had the cardholder’s permission, or if you made statements based on information you reasonably believed was accurate, you may not have had criminal intent.

You have an absolute right under the Fifth Amendment to refuse to answer questions from police, investigators, or prosecutors. This right applies whether you’ve been arrested or are simply being questioned as part of an investigation. You cannot be punished for exercising this right, and juries cannot be told you refused to speak with police. When investigators contact you, politely tell them “I’m invoking my right to remain silent and I want to speak with my attorney.” Don’t try to explain your side of the story or provide “just a few” answers, anything you say will be used against you.

You have the right to have an attorney present during any questioning by law enforcement. Once you invoke this right, questioning must stop until your attorney is present. Don’t let investigators convince you that having an attorney makes you look guilty or that you can straighten everything out quickly if you just answer a few questions. Fraud investigations are complex, and even truthful statements can be taken out of context or misinterpreted in ways that damage your defense.

The Fourth Amendment requires that police obtain a warrant based on probable cause before searching your home, office, or electronic devices. If agents show up with a search warrant, read it carefully and contact your attorney immediately. You don’t have to answer questions during the search, and you should not consent to searches beyond what the warrant authorizes. If police ask to search without a warrant, you have the right to refuse consent. Don’t let them pressure you into allowing a search.

If investigators ask you to voluntarily provide financial records, business documents, or other materials, you have the right to have your attorney review these documents first. Many fraud cases are built on documents that defendants voluntarily handed over without understanding how they could be used against them. Let your attorney determine what, if anything, should be provided to investigators.

If you’re subpoenaed to testify before a grand jury or at a preliminary examination in someone else’s case, you can invoke your Fifth Amendment right against self-incrimination to refuse to answer specific questions that could implicate you in criminal activity. Your attorney can help you determine which questions you should refuse to answer.

If evidence against you was obtained through an illegal search, through coerced statements, or in violation of your constitutional rights, your attorney can file motions to suppress that evidence and prevent it from being used in court. Many fraud cases fall apart when key evidence is suppressed because it was obtained illegally.

No, you should never speak with fraud investigators without your attorney present, even if you’re completely innocent.

Fraud investigations are complex, and even truthful statements can be misinterpreted or taken out of context in ways that damage your defense. Investigators are trained to obtain incriminating statements, and they may already have a theory of the case before they speak with you. Anything you say will be carefully documented and can be used against you in court.

Exercise your constitutional right to remain silent and contact a fraud attorney in Michigan immediately before providing any statements or documents to investigators.

Whether you face jail time depends on several factors including the amount of money involved, the type of fraud alleged, your prior criminal record, and the strength of the evidence against you.

For misdemeanor fraud charges involving small amounts, jail time may not be mandatory and you might receive probation instead. For felony fraud charges, especially those involving large amounts or vulnerable victims, prison sentences are possible even for first-time offenders.

However, many fraud cases are resolved through plea negotiations that avoid prison, especially when you don’t have a criminal history and when you’re able to pay restitution. Every case is different, and an experienced fraud defense attorney can give you a realistic assessment of the potential outcomes in your specific situation after reviewing the evidence.

Fraud cases typically take longer to resolve than most other criminal cases because of the complex financial evidence involved.

Misdemeanor fraud cases in district court may resolve within three to six months if you negotiate a plea agreement early in the process. Felony fraud cases in circuit court usually take six months to over a year, and cases involving extensive financial records, multiple victims, or parallel federal investigations can take even longer.

Cases that go to trial generally take longer than cases resolved through plea negotiations. Your fraud attorney in Michigan can give you a more specific timeline once they’ve reviewed your case and spoken with the prosecutors handling it.

Yes, fraud charges can often be dismissed or reduced depending on the evidence against you and your attorney’s ability to identify weaknesses in the prosecution’s case.

Common reasons fraud charges are dismissed include lack of evidence of criminal intent, insufficient evidence to prove you made false statements, constitutional violations in how evidence was obtained, or successful arguments that the matter is really a civil dispute rather than criminal conduct.

Charges are often reduced when your attorney can negotiate restitution agreements that satisfy alleged victims, when you’re a first-time offender with minimal criminal history, or when the amount involved is near the borderline between misdemeanor and felony charges. An experienced Lansing fraud attorney will evaluate all possible avenues for getting your charges dismissed or reduced.

Your first court appearance, called an arraignment, typically occurs within 24 to 72 hours of arrest if you’re taken into custody, or on a scheduled date if you turn yourself in on a warrant.

At arraignment, the judge will inform you of the charges against you, advise you of your constitutional rights, and set bond conditions. You’ll enter a plea of not guilty, guilty, or no contest- you should always plead not guilty at arraignment so you preserve all your rights and give your attorney time to investigate and develop your defense strategy.

The judge will set bond, which may include cash bail, conditions like travel restrictions or electronic monitoring, and requirements that you maintain contact with the court. For felony fraud charges, a preliminary examination will be scheduled within two weeks to determine if there’s probable cause to bind you over to circuit court for trial.

If you’re convicted of fraud, you will have a permanent criminal record that will appear on background checks conducted by employers, landlords, professional licensing boards, and others.

However, there are several ways to avoid a conviction or minimize the record. If your charges are dismissed, there is no conviction to report. If you’re acquitted at trial, you can have the arrest record expunged. If you complete a diversion program successfully, charges may be dismissed. Some plea agreements result in deferred sentencing or assignment to special dockets that allow you to avoid a conviction if you complete probation successfully. Even if you are convicted, Michigan’s expungement laws now allow some fraud convictions to be set aside after certain waiting periods. Under MCL 780.621, the wait time structure is: 3 years for non-serious misdemeanors, 5 years for a single felony or serious misdemeanor, and 7 years for multiple felonies.

Your fraud defense lawyer Lansing can explain which options might be available in your case to avoid a permanent criminal record or have it expunged in the future.

No, you should never plead guilty without first having an experienced fraud attorney review all the evidence and investigate possible defenses.

What seems like strong evidence to you may have significant weaknesses that an experienced attorney can identify and exploit. Prosecutors’ initial offers are often much harsher than what they’ll ultimately accept after your attorney challenges their case. Even in cases where some form of plea agreement is ultimately the best option, your attorney can negotiate for reduced charges, minimize sentencing recommendations, structure restitution terms favorably, and ensure any plea agreement protects your ability to maintain professional licenses and employment.

Pleading guilty without legal representation is almost never in your best interest, and you may be giving up valuable rights and defenses without realizing it.

Yes, you absolutely need an experienced fraud defense attorney if you’re charged with any type of fraud offense in Michigan.

Fraud cases are among the most complex criminal cases, involving detailed financial evidence, technical legal issues, and serious penalties including years in prison. The prosecution will have experienced attorneys and investigators working on your case, you need equally skilled representation to protect your rights. An experienced attorney can identify defenses you don’t know exist, challenge evidence you assume is solid, negotiate with prosecutors from a position of strength, and protect your constitutional rights throughout the process.

The cost of hiring an attorney is minor compared to the cost of a fraud conviction on your freedom, your career, your professional licenses, and your future. Don’t try to handle fraud charges on your own. The stakes are simply too high.

Fraud and theft are related but distinct offenses under Michigan law. Theft involves taking someone’s property without permission (you physically take something that doesn’t belong to you). Fraud involves using deception or misrepresentation to obtain property or money you’re not entitled to; you trick someone into giving you their property voluntarily.

For example, shoplifting is theft because you physically take merchandise without paying. Credit card fraud is fraud because you use deception (an unauthorized card) to obtain goods. Both can be serious crimes, but fraud charges often carry additional professional and reputational consequences because they involve dishonesty and breach of trust.

Fraud cases also tend to be more complex to defend because they involve proving or disproving your intent to deceive, whereas theft cases focus on whether you took the property.

Yes, fraud convictions can have serious immigration consequences for non-citizens. Fraud offenses are typically considered crimes involving moral turpitude, which are grounds for deportation, denial of naturalization applications, denial of visa renewals, and inadmissibility to the United States after traveling abroad.

Even if you’ve been a lawful permanent resident for years, a fraud conviction can result in removal proceedings. The immigration consequences of criminal convictions are complex and depend on the specific charge, the sentence imposed, and your immigration status.

If you’re not a U.S. citizen, it’s critical that you inform your fraud attorney immediately so they can work to resolve your case in a way that avoids triggering immigration consequences whenever possible. In some cases, fighting charges at trial may be preferable to accepting a plea agreement that would result in deportation.