--- title: "Mortgage Fraud Defense Attorney" url: https://daneckhartlaw.com/practice-areas/federal-mortgage-fraud-defense-attorney/ date: 2020-01-05 modified: 2026-08-07 lang: en author: "Dan Wesley Eckhart" description: "Mortgage Fraud Defense Attorney [rank_math_breadcrumb] Federal mortgage fraud charges are prosecuted by U.S. Attorney's Offices across the country. Dan Eckhart is a federal criminal defense attorney, former Assistant U.S. Attorney,..." word_count: 2717 --- # Mortgage Fraud Defense Attorney # Mortgage Fraud Defense Attorney [Home](https://daneckhartlaw.com) » Federal mortgage fraud charges are prosecuted by U.S. Attorney's Offices across the country. Dan Eckhart is a federal criminal defense attorney, former Assistant U.S. Attorney, former federal agent, and former lead forfeiture prosecutor who defends individuals and businesses facing federal mortgage fraud charges anywhere in the United States. This page is part of the White Collar and Financial Crimes federal defense practice. ## What Federal Mortgage Fraud Actually Is Federal mortgage fraud is a broad criminal charge, not a civil lending dispute. A civil settlement with the lender does not close a criminal case. Both proceedings run independently and simultaneously. **Civil Mortgage Dispute** Filed by: Lender or servicer Venue: State or federal civil court Resolution: Settlement or judgment Penalties: Financial damages **Federal Criminal Prosecution** Filed by: U.S. Attorney's Office Venue: U.S. District Court Resolution: Conviction, acquittal, or plea Penalties: Federal prison, fines, forfeiture ## How the FBI and HUD Build Federal Mortgage Fraud Cases Once a Suspicious Activity Report is filed by a bank, mortgage company, or title agent, or a referral reaches HUD-OIG, the FBI's Financial Crimes Unit and FinCEN can open an investigation that runs for years before charges are filed. By the time federal agents make contact, they have typically already subpoenaed loan records, bank statements, and communications, and identified cooperating witnesses from within the transaction chain. The target is usually the last to know. Dan Eckhart brings 23 years of federal government experience to these cases, having served as a federal agent, an Assistant United States Attorney, and a lead forfeiture prosecutor. Before founding Dan Eckhart Law, he served as general counsel and head of corporate security for a bank, giving him direct knowledge of how financial institutions detect, report, and respond to mortgage fraud internally. He has personally conducted proffer sessions, built charging decisions alongside federal agents, and directed forfeiture actions from the government's side. **How a federal mortgage fraud investigation escalates:** - A lender, title agent, or industry participant files a Suspicious Activity Report with FinCEN, or HUD-OIG receives an internal referral. - FBI or HUD-OIG agents review loan documentation, wire transfer records, and appraisal history. - Grand jury subpoenas issue for financial records, emails, and testimony from transaction participants. - Cooperating witnesses are identified and developed before primary targets are approached. - A target or subject letter may follow, or charges may be filed without prior notice. ## Federal Statutes, Penalties for Mortgage Fraud, and Charge Stacking Prosecutors combine multiple fraud charges in mortgage fraud cases, each carrying independent sentencing exposure. A defendant who believes they are facing one charge is often facing six. The penalties for federal mortgage fraud are significant, with maximum sentences reaching 20 to 30 years in prison depending on the statutes charged. **18 U.S.C. § 1014** False statements to a federally insured lender Maximum: 30 years **18 U.S.C. § 1341** Mail fraud Maximum: 20 years per count **18 U.S.C. § 1343** Wire fraud Maximum: 20 years per count **18 U.S.C. § 1344** Bank fraud Maximum: 30 years **18 U.S.C. § 1956** Money laundering of fraud proceeds Maximum: 20 years **FIRREA** Financial institutions fraud, extended statute of limitations Maximum: 30 years A single fraudulent mortgage loan application can generate multiple mail and wire fraud counts alongside bank fraud, false statement, and money laundering charges. Under the Federal Sentencing Guidelines, the loss amount drives the base offense level, and enhancements for number of victims, use of sophisticated means, and role in the offense can raise the range far beyond what the primary charge alone would suggest. **Related:** [Federal Bank Fraud Defense](https://daneckhartlaw.com/practice-areas/federal-bank-fraud-defense-attorney/) · [Federal Wire Fraud Defense](https://daneckhartlaw.com/practice-areas/federal-wire-fraud-defense-attorney/) · [Federal Money Laundering Defense](https://daneckhartlaw.com/practice-areas/federal-money-laundering-defense-attorney/) ## Types of Federal Mortgage Fraud and Who Gets Prosecuted The defendant's role, whether organizer, professional participant, or borrower, affects the charges and enhancements applied. It does not determine whether federal prosecution occurs. **Income and Asset Fraud** False statements about income, employment, or assets on a mortgage loan application, charged under § 1014 and § 1343. Borrowers and originators frequently appear as co-defendants in the same indictment. **Appraisal Fraud** Coordinated overvaluation of property by appraisers working with mortgage brokers, investors, or developers. Prosecutors treat this as an organized mortgage fraud scheme, not a professional error, and charge both the appraiser and the organizer. **Straw Buyer Schemes** Using individuals with qualifying credit profiles to purchase property on behalf of the actual investor. Straw buyers face the same charging statutes as the scheme organizer. **Equity Stripping and Builder Bailout Schemes** Inflating sale prices to extract equity at closing, or using straw buyers to absorb distressed developer inventory. These mortgage and real estate fraud schemes produce high loss amounts under the Guidelines and typically result in multi-count indictments. **Identity Fraud and Synthetic Identity Schemes** Using stolen or fabricated identities to obtain mortgage financing. Prosecutors add bank fraud, wire fraud, and aggravated identity theft charges under 18 U.S.C. § 1028A, which carries mandatory minimum consecutive sentences. ## Defense Against Federal Mortgage Fraud Charges Dan Eckhart has approximately 900+ federal court docketing entries across a career focused exclusively on federal criminal matters. The defense strategy in these cases begins with how the government built its case. He understands what prosecutors look for, what evidence they treat as decisive, and where a case may be structurally weak before a defense argument is written. **Intent and Knowledge** Federal mortgage fraud requires proof the defendant acted knowingly and intentionally. Cases where the defendant relied on a broker, attorney, or appraiser who provided false information without their knowledge present viable intent defenses that require careful factual development from the start. **Loss Amount Challenges** Challenging the government's loss figure, including disputes over actual versus intended loss, lender conduct, and collateral recovery, can reduce the Guidelines range materially even in cases proceeding toward a plea. **Cooperation Evaluation** Not every defendant should cooperate with the government. Dan Eckhart evaluates cooperation options, including 5K1.1 substantial assistance motions, based on the strength of the evidence, the client's actual exposure, and the realistic benefits versus risks. That evaluation draws on his direct experience negotiating these arrangements from the prosecution side. **Suppression and Evidence Review** Evidence gathered through grand jury subpoenas, search warrants, or cooperating witness testimony carries procedural requirements. When those are not met, suppression may be available and the government's cooperating witness chain can be disrupted. **Trial Evaluation** Not every case should go to trial, and not every case should resolve through a plea. Dan Eckhart evaluates trial viability based on the government's evidence, the credibility of its cooperators, available defenses, and the client's realistic sentencing exposure at trial versus through negotiation. The client makes the final decision. No outcome is promised and no path is foreclosed without a full assessment of what the government can actually prove. ## Why Early Representation Changes the Outcome Many mortgage fraud defendants are under active federal investigation before they know they are a target. The options available before indictment are not available after it. Dan Eckhart accepts representation at the pre-indictment stage. In some cases, early intervention before charges are filed has resulted in an indictment not being issued. **See also:** Federal Pre-Indictment Representation **Signs that an investigation may already be underway:** - An FBI agent or HUD-OIG investigator has contacted you by phone, at your office, or at your home - You have received a federal grand jury subpoena for records, documents, or testimony - A business partner, mortgage broker, co-borrower, or appraiser in a connected transaction has been arrested or has retained a criminal defense attorney - Your bank, lender, or title company has been served a federal subpoena for your records - You have received a target or subject letter from a U.S. Attorney's Office If any of these apply, speak with a lawyer before speaking with investigators. Voluntary statements to federal agents are admissible regardless of whether charges have been filed. A false statement to a federal agent, even if the underlying mortgage fraud charge is later dismissed, is independently chargeable under 18 U.S.C. § 1001. ## Forfeiture Runs Parallel to the Criminal Case Federal forfeiture does not wait for a conviction or an indictment. Civil forfeiture can begin before charges are filed and criminal forfeiture is embedded in the indictment itself. The government can target bank accounts, real property, and other assets as fraud proceeds, substitute assets when original proceeds have been dissipated, or business accounts that mixed legitimate and allegedly tainted funds. Dan Eckhart defends forfeiture as part of the criminal defense, not as a separate matter addressed after the fact. As a lead federal forfeiture prosecutor, he directed civil and criminal forfeiture proceedings from the government's side and understands the mechanisms prosecutors deploy, including substitute asset seizure and pre-indictment asset restraint. He also represents clients in civil forfeiture proceedings that arise independently of a pending criminal case. **See also:** Federal Asset Forfeiture Defense ## Federal Mortgage Fraud Defense in Orlando and Nationwide Dan Eckhart handles federal mortgage fraud cases in Orlando, throughout Florida, and in federal courts across the country. He has appeared in the Southern District of Georgia, Northern District of Illinois, District of the Virgin Islands, Southern District of Texas, District of Columbia, District of Maryland, Southern District of Iowa, and the Eastern and Western Districts of Michigan, among others. He travels to client locations for consultations, pretrial proceedings, and trial. Travel costs for cases outside Central Florida are billed to the client. **How out-of-state representation works:** - Consultations in person when feasible; video for out-of-state clients - All court appearances and case work handled personally by Dan Eckhart - Travel costs for cases outside Central Florida billed to the client - Local counsel requirements addressed at the outset of the engagement ## Accused of Mortgage Fraud? Contact Dan Eckhart Directly. If you are accused of mortgage fraud or charged with federal mortgage fraud charges, acting before an indictment is filed preserves options that are not available afterward. Protect your rights in a federal mortgage fraud case by contacting a skilled mortgage fraud defense attorney before speaking with investigators or prosecutors. Dan Eckhart is a solo practitioner with no intake staff. Contact goes directly to him on his personal cell phone. The practice maintains approximately 20 active cases at any time so every client receives direct attorney attention at every stage. **Before you call:** - Retainer fund sources are evaluated before representation is accepted. Payments likely subject to forfeiture or connected to the alleged conduct are not accepted. - If you have already spoken with federal investigators, that does not prevent you from retaining counsel. - Referring attorneys should contact Dan Eckhart directly with the basic facts before connecting their client. **Cases accepted at every stage:** - Pre-indictment investigation and grand jury representation - Post-indictment pretrial defense and suppression motions - Federal trial representation - Sentencing and Sentencing Guidelines advocacy - Asset forfeiture defense, civil and criminal - Federal appeals and post-conviction relief **Call or text Dan Eckhart directly on [407-276-0500](tel:+14072760500) ** **Consultations available in person in Orlando, by phone, or by video for out-of-state clients.**   Contact Dan Eckhart and Get Started on Your Defense ## Facts About Dan Echart Law - Dan Eckhart Law represents individuals charged with or under investigation for federal and state mortgage fraud offenses. - Mortgage fraud defense includes matters involving alleged false loan applications, appraisal fraud, and related lending offenses. - Representation includes case evaluation, pre-charge investigation representation, loan and appraisal evidence review, motion practice, plea negotiations, trial defense, and sentencing advocacy. - Mortgage fraud defense is one of the firm's criminal defense practice areas. - Daniel Wesley Eckhart is the Owner and Attorney at Dan Eckhart Law. - The firm serves clients throughout Florida and Michigan, with representation available in federal matters nationwide. - Representation is available by appointment. [ Read all Business Facts about Dan Eckhart Law ](https://daneckhartlaw.com/facts/) ## Frequently Asked Questions About Mortgage Fraud Defense #### What should I do if I am charged with mortgage fraud? Contact a federal defense attorney before making any statements to investigators, prosecutors, or federal agents. Voluntary statements made to federal agents are admissible regardless of whether charges have been filed, and a false statement to an agent is independently chargeable under 18 U.S.C. § 1001. The earlier a mortgage fraud attorney is involved, the broader the available options. #### What does federal mortgage fraud involve? Federal mortgage fraud involves false statements, inflated appraisals, or material omissions made in connection with a mortgage application backed by a federally insured or regulated lender. Prosecutors treat it as a serious criminal offense, not a regulatory or lending matter, and pursue it through U.S. District Court. The offense of mortgage fraud can be charged under multiple statutes simultaneously, each carrying independent sentencing exposure. #### What is the difference between fraud for profit and fraud for housing? Fraud for profit typically involves industry participants, such as mortgage brokers, appraisers, or developers, who use the mortgage transaction to generate illegal proceeds. Fraud for housing involves a borrower misrepresenting information on a mortgage application to qualify for a loan they could not otherwise obtain. Federal prosecutors charge both categories as serious criminal offenses, and participants in either scheme have been indicted and convicted in federal court. #### Can a mortgage fraud charge include conspiracy counts? Yes. Federal mortgage fraud charges frequently include fraud and conspiracy counts, particularly in cases involving multiple participants or a coordinated scheme. A conspiracy charge does not require the government to prove the defendant completed the fraudulent act, only that they agreed to participate and that at least one overt act was taken in furtherance of the scheme. #### Does Dan Eckhart handle real estate fraud charges in addition to mortgage fraud? Federal mortgage fraud and real estate fraud charges frequently overlap, and Dan Eckhart handles cases at that intersection as part of the broader white collar criminal defense practice. Cases involving equity stripping, appraisal fraud, and straw buyer schemes often produce both mortgage fraud and real estate fraud charges in the same indictment. Contact Dan Eckhart Law directly to discuss the specific charges and facts of your case. #### Is Dan Eckhart available for mortgage fraud cases outside Orlando? Dan Eckhart handles mortgage fraud in Orlando and federal cases throughout Florida and nationwide. Clients facing federal mortgage fraud charges in other jurisdictions can contact the firm directly. He has appeared in federal courts across the country and travels to client locations for consultations, pretrial proceedings, and trial. #### How are federal mortgage fraud cases different from fraud crimes prosecuted under Florida law? Federal mortgage fraud cases are prosecuted by U.S. Attorney's Offices in U.S. District Courts and carry federal sentencing exposure under the Federal Sentencing Guidelines. Florida law also addresses fraud in Florida through state statutes, and state and federal charges can arise from the same underlying conduct. Dan Eckhart's practice is focused on federal criminal defense, and Florida mortgage fraud defense matters involving federal exposure are evaluated at the outset of the engagement. #### What is the role of banks and mortgage companies in triggering a federal investigation? Banks and mortgage lenders are required by federal law to file Suspicious Activity Reports when they identify transactions that may involve fraud. A single SAR is sufficient to initiate a federal investigation. Because this reporting obligation applies broadly across the lending industry, a federal mortgage fraud investigation can begin without the target's knowledge and well before any contact is made by agents. #### Should I contact a lawyer immediately if I receive a grand jury subpoena? Yes. A grand jury subpoena is a sign that a federal investigation is already underway. Contacting a fraud defense lawyer before responding to a subpoena or making any statements to investigators is critical to protecting your rights and preserving your legal options. The decisions made in the period before an indictment is filed are among the most consequential in a federal criminal case. #### Does Dan Eckhart handle cases where a second mortgage or home equity transaction is involved? Yes. Federal mortgage fraud charges can arise from any mortgage loan transaction backed by a federally insured or regulated lender, including a second mortgage or home equity line of credit. The government's analysis focuses on whether false statements or material omissions were made in the mortgage application process, regardless of loan type. #### How do I contact Dan Eckhart Law? Contact us directly through Dan Eckhart's personal cell phone, **[407-276-0500](tel:+14072760500)**. There is no intake staff or intermediary. If you are an individual charged with fraud or facing a federal investigation, or a referring attorney with a client who needs a fraud defense attorney in Orlando or nationwide, contact the firm directly with the basic facts of the matter.