Bank Fraud
Federal Bank Fraud Defense From a Former Federal Prosecutor
Dan Eckhart Law is a federal criminal defense law firm based in Orlando, Florida. As an experienced bank fraud defense attorney and former federal prosecutor, Dan Eckhart defends individuals and businesses accused of bank fraud under 18 U.S.C. § 1344, with cases handled in Central Florida, across Florida's three federal districts, and in federal courts nationwide.
Penalties for Bank Fraud Are Severe and Charges Rarely Come Alone
Bank fraud is a serious federal crime defined under the federal bank fraud statute, 18 U.S.C. § 1344, as the intentional execution of a scheme to defraud a financial institution or to obtain money, funds, or property through false pretenses. Bank fraud in Florida is distinct from healthcare fraud, tax fraud, and bankruptcy fraud. If your case involves financial institution accounts, loan applications, or banking transactions, this is the relevant charge.
Federal prosecutors rarely file a single count. A bank fraud charge almost always arrives with stacked offenses, each one increasing Guidelines exposure:
- Bank fraud (18 U.S.C. § 1344) — 30-year maximum, 10-year statute of limitations
- PPP loan fraud — The PPP and Bank Fraud Enforcement Harmonization Act of 2022 established a 10-year statute of limitations for these crimes.
- Wire fraud (18 U.S.C. § 1343) — 20-year maximum, 5-year statute of limitations
- Mail fraud (18 U.S.C. § 1341) — 20-year maximum, 5-year statute of limitations
- Money laundering (18 U.S.C. §§ 1956, 1957) — up to 20-year maximum, 5-year statute of limitations
- Conspiracy (18 U.S.C. § 371) — 5-year maximum
- False statements (18 U.S.C. § 1001) — 5-year maximum
Outcomes in every bank fraud case are driven by the Federal Sentencing Guidelines, where loss amounts and aggravating factors increase the offense level at every step.
A Federal Bank Fraud Defense Attorney Who Knows How the Government Thinks
Defending a federal bank fraud case requires more than familiarity with the law.
It requires an understanding of how federal investigations are built, how prosecutors apply pressure, and where cases can be challenged before they reach a courtroom.
Dan Eckhart is a former federal prosecutor, federal agent, and bank general counsel who brings that inside knowledge to every defense he builds. He has represented clients ranging from first-time defendants to sophisticated executives, and he handles every case personally from the first call through trial.
Federal White Collar & Financial Crimes Defense
Federal Bank Fraud Schemes and Charges
Not every bank fraud investigation looks the same. The federal government prosecutes a wide range of conduct under the bank fraud statute, and understanding which type of bank fraud applies to your situation is the first step in building an effective defense.
Currency Transaction Reports (CTRs) and Suspicious Activity Reports (SARs) are filed with the Department of Treasury without the account holder's knowledge, frequently triggering federal investigations months or years before any contact is made. Bank fraud charges may follow a wide range of fraud schemes, and the DOJ has placed particular emphasis on PPP loan fraud and SBA loan fraud in recent years.
Common forms of bank fraud include:
- False statements on loan applications, including PPP and SBA loans
- Check fraud and check kiting schemes
- Mortgage fraud and appraisal manipulation
- Identity theft used to open or access accounts
- Insider misapplication of bank funds
- Payment card fraud and credit card fraud
- Structuring deposits to avoid reporting thresholds
- Fraudulent wire transfers and ACH transactions
If your case involves healthcare billing, tax returns, or securities fraud rather than financial institution accounts or loan applications, those charges are handled on their respective pages.
Healthcare Fraud Defense, Tax Fraud Defense, Bankruptcy Fraud Defense, Money Laundering Defense
Hire a Skilled Bank Fraud Defense Attorney Before an Indictment Is Filed
Federal bank fraud investigations are quiet by design. By the time a target letter arrives or agents appear at your door, the government may already have a substantial case. Anyone suspected of bank fraud should immediately contact a bank fraud defense attorney, because acting early is when outcomes are most open to change.
What a Target Letter Means
A target letter is formal notice that you are the subject of a grand jury investigation. It is not an arrest, but it signals that a bank fraud charge is being considered. The decisions made immediately afterward can shape the entire case.
How the Federal Bank Fraud Statute Is Applied at the Pre-Indictment Stage
When retained early, Dan contacts the assigned federal prosecutor directly to determine whether the client is a target, subject, or witness. In some cases, early intervention has persuaded the government that no criminal intent existed, and the matter was resolved without charges being filed.
Complex Bank Fraud Defense: Sentencing, Forfeiture, and Strategy
If you have been charged with bank fraud, the post-charge phase requires a skilled bank fraud defense built around the Federal Sentencing Guidelines, where loss amount drives the offense level before further enhancements apply. Dan has handled numerous sentencing hearings as both a prosecutor and a defense attorney and is experienced in every phase of post-charge defense:
- Objecting to Presentence Investigation Reports prepared by probation
- Arguing for downward departures and variances under the Guidelines
- Reviewing and contesting restitution calculations
- Challenging forfeiture through innocent owner defenses, bona fide purchaser arguments, and Eighth Amendment excessive-taking claims
Cooperation and the Client's Decision
Cooperation is often the single factor that most significantly reduces a federal sentence, and it is always the client's decision to make. "I never pressure clients to plead guilty. The decision is always the client's. My job is to advise them on their best option based on my experience."
Protecting Assets Before a Freeze Occurs
Once accounts are frozen, accessing those funds for legal defense becomes extremely difficult. Clients who believe they may be under investigation are encouraged to contact an attorney early, before any asset freeze occurs.
A Skilled Bank Fraud Lawyer With 30 Years of Federal Experience
Most defense attorneys learned about federal prosecution from the outside. Dan Eckhart learned it from the inside, having served as a former federal prosecutor, federal agent, lead forfeiture prosecutor, and head of corporate security and general counsel for a bank.
His Background
Dan opened his private practice in 2017 after 23 years of federal government service. According to PACER, he has approximately 1,000 documented federal court appearances across a 30+ year career, including jury wins in federal trials. He has tried cases and appeared before many of the federal judges currently on the bench in the Middle District of Florida.
How Dan Eckhart Works
Dan personally interviews every client, contacts the assigned prosecutor, reviews all discovery, drafts all motions, and tries every case. He maintains a small caseload by design, and clients reach him directly by cell with same-day responses, including nights and weekends.
Where Attorney Eckhart Practices
The firm handles federal matters across all three of Florida's federal districts and accepts cases anywhere in the United States, petitioning for admission and coordinating with local counsel where required. Dan is a member of the Federal Bar Association, the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, and the Central Florida Association of Criminal Defense Lawyers.
Dan Eckhart’s headquarters is located in Orlando and Central Florida. He defends cases in the Orlando, Tampa, Ocala, Jacksonville, and Ft. Myers Divisions of the Middle District of Florida. He also defends federal cases in federal districts anywhere in the United States.
Questions Clients Ask Before They Call
What type of bank fraud can be charged under federal law?
Bank fraud is considered a federal crime under 18 U.S.C. § 1344 when a scheme targets a financial institution or its customers. Federal bank fraud charges may include multiple types of fraud in a single indictment, such as wire fraud, mortgage fraud, check fraud, payment card fraud, and PPP or SBA loan fraud. Fraud occurs across a wide range of fact patterns, and the DOJ pursues complex fraud cases aggressively.
What should I do if I am charged with bank fraud in Florida?
Fraud is a serious federal crime, and anyone charged with fraud should contact an experienced bank fraud attorney immediately. A Florida bank fraud defense attorney can review the charges, assess the evidence, and build a strong defense before the government's case advances further. The sooner you act, the more defense strategies remain available to you.
What are the penalties if I am convicted of bank fraud?
If found guilty of bank fraud, penalties under federal law include up to 30 years in federal prison per count, substantial fines, restitution, and forfeiture of assets. A fraud conviction can also result in the permanent loss of professional licenses, business interests, and reputation. Bank fraud laws treat these offenses seriously, and the Federal Sentencing Guidelines drive sentencing based on loss amount and other aggravating factors.
How can a bank fraud attorney help my case?
A bank fraud attorney can help at every stage, from pre-indictment intervention through sentencing. An experienced bank fraud lawyer reviews discovery, challenges the government's evidence, negotiates with prosecutors, and prepares for trial when necessary. Hiring the best bank fraud defense lawyer available gives you the best possible outcome in what is often one of the most consequential moments of your life.
Is bank fraud different from wire fraud, mortgage fraud, or securities fraud?
Yes. Each is a distinct type of bank fraud or related financial offense charged under a separate federal statute. Bank fraud specifically targets schemes against financial institutions or loan programs, while wire fraud involves electronic communications, mortgage fraud involves real estate transactions, and securities fraud involves investment instruments. Federal prosecutors frequently charge multiple types of fraud together in a single indictment, which is why white-collar crime defense requires an attorney experienced in complex fraud cases.
What should I do if federal agents contact me?
Fraud is a serious criminal matter, and speaking to federal agents without counsel is one of the most consequential mistakes a person can make. Contact a bank fraud defense lawyer before answering any questions, because federal agents are legally permitted to lie or misrepresent facts during interviews and any statement you make can be used against you. Additionally, if you provide a false statement during the interview you can be charged with violating 18 U.S.C. § 1001 (False Statements to a Government Official). Protect your rights by invoking your right to counsel immediately.
How do I hire a skilled bank fraud attorney in Florida?
Hire a bank fraud attorney who has experience on both sides of federal prosecution, not just defense. Dan Eckhart is a Florida bank fraud defense attorney and former federal prosecutor with approximately 1,000 documented federal court appearances. As a federal prosecutor and defense lawyer, he has been involved in a number of significant Ponzi scheme and investment fraud cases. Contact Dan today to discuss your case in a confidential consultation.
Healthcare Fraud Defense, Tax Fraud Defense,
Contact a Skilled Bank Fraud Lawyer Today
Dan Eckhart Law represents professionals, executives, business owners, and individuals facing bank fraud charges in Orlando, Central Florida, across Florida's federal districts, and in federal courts throughout the United States. Every case is handled personally by Dan. Every consultation is confidential.
If you are wrongfully accused of bank fraud, agents want to interview you, you have received a target letter or subpoena, or believe an investigation is underway, a skilled bank fraud attorney is essential.
Call Dan directly at 407-276-0500 or Schedule a Confidential Consultation