Common Types of Fraud Charges and How They Are Prosecuted

Fraud is a serious criminal offense that involves deception, misrepresentation, or dishonesty for financial or personal gain. In Georgia, fraud charges can range from misdemeanors to felonies, with penalties that may include hefty fines, restitution, and significant prison time. Prosecutors aggressively pursue fraud cases, and convictions can lead to long-term consequences, including a permanent criminal record.

The Spizman Firm can help you understand common types of fraud charges and how they are prosecuted and help individuals accused of fraud prepare a strong legal defense.

Common Types of Fraud Charges in Georgia

Fraud encompasses a wide range of illegal activities, but some of the most frequently prosecuted fraud-related offenses include:

1. Identity Theft (O.C.G.A. § 16-9-121)

Identity theft involves unlawfully using another person’s personal information, such as their Social Security number, credit card details, or bank account information, to commit financial fraud.

• Penalties: Identity theft is a felony in Georgia, punishable by one to ten years in prison and fines up to $100,000. If multiple victims are involved, the penalties increase.

2. Credit Card Fraud (O.C.G.A. § 16-9-33)

Using, possessing, or selling stolen, counterfeit, or fraudulent credit cards is considered credit card fraud. This includes unauthorized transactions and creating fake credit card accounts.

• Penalties: Charges can be either a misdemeanor or a felony, depending on the amount of money involved. Felony charges can lead to up to ten years in prison and substantial fines.

3. Insurance Fraud (O.C.G.A. § 33-1-9)

Insurance fraud occurs when someone files a false claim or intentionally misrepresents information to an insurance company to receive benefits. This includes staging car accidents, exaggerating injuries, or submitting false home damage claims.

• Penalties: Insurance fraud is a felony in Georgia and carries penalties of two to ten years in prison and fines of up to $10,000.

4. Wire Fraud and Mail Fraud (Federal Offense – 18 U.S.C. §§ 1341, 1343)

Wire fraud and mail fraud involve using electronic communication (phones, emails, internet) or the postal service to commit fraud. These offenses often accompany other fraud charges, such as investment scams or business fraud.

• Penalties: These are federal crimes prosecuted under federal law, with penalties of up to 20 years in prison per offense.

5. Mortgage Fraud (O.C.G.A. § 16-8-102)

Mortgage fraud occurs when someone intentionally provides false information on a mortgage application or engages in schemes to defraud lenders or homeowners.

• Penalties: Mortgage fraud is a felony, punishable by one to ten years in prison and fines of up to $100,000.

How Fraud Charges Are Prosecuted in Georgia

Fraud cases are typically prosecuted based on the amount of financial harm caused, the intent of the accused, and the number of victims involved. Prosecutors must prove the following elements to secure a conviction:

1. Intent to Deceive – The accused knowingly engaged in fraudulent conduct.
2. False Representation – The accused misrepresented facts to obtain money, property, or benefits.
3. Victim Reliance – The victim relied on the false statements and suffered a financial loss.

Law enforcement agencies, including the Georgia Bureau of Investigation (GBI), Federal Bureau of Investigation (FBI), and the U.S. Department of Justice, actively investigate and prosecute fraud cases, especially those involving large financial losses.

Defending Against Fraud Charges

A strong defense against fraud charges often involves:

• Lack of intent – Showing that the accused did not knowingly commit fraud.
• Mistaken identity – Proving the accused was falsely identified as the perpetrator.
• Lack of evidence – Challenging the prosecution’s ability to prove all elements of fraud.

Contact The Spizman Firm for Experienced Legal Representation

If you have been charged with fraud, securing one of our experienced Atlanta criminal defense attorneys is crucial. At The Spizman Firm, we aggressively defend individuals facing fraud charges throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation and to discuss your legal options.