Fraud charges in Washington, DC, are prosecuted aggressively by both local DC prosecutors and federal authorities. Whether you are facing an allegation involving financial transactions, identity theft, insurance claims, or business dealings, a fraud conviction can mean significant prison time, massive fines, and a permanent record that affects every area of your professional and personal life.
If you are under investigation or have already been charged, the single most important step you can take is contacting an experienced DC fraud lawyer as soon as possible. At the Law Offices of Krum, Gergely & Oates, our attorneys defend clients against fraud charges in the DC Superior Court and federal court. Call (301) 840-0080 or fill out our contact form for a free consultation.
What Is Fraud Under DC Law?
Fraud in Washington, DC is governed primarily by D.C. Code § 22-3221, which defines criminal fraud as engaging in a scheme or systematic course of conduct intended to obtain the property of another person by false pretense, false statements, or other fraudulent means.
The statute is broad and covers a wide range of conduct. Unlike theft, which typically involves taking property directly, fraud involves deception: making false representations or concealing material facts to obtain money, property, or other valuable items from another person or entity.
Under DC Code § 22-3221, the most serious fraud convictions can result in:
- Up to ten years in prison
- Fines of up to double the amount obtained through the fraud
- Restitution orders requiring repayment of the full amount defrauded
The penalties increase with the amount involved and the sophistication of the scheme.
Common Types of Fraud Charges in DC
Identity Theft
DC law prohibits using another person’s personal identifying information without their consent for fraudulent purposes. Identity theft charges under D.C. Code § 22-3227.02 can carry substantial prison sentences depending on the amount obtained and the number of victims. DC courts treat identity theft seriously, particularly when it involves financial institutions or vulnerable victims.
Credit Card Fraud
Using another person’s credit or debit card information without authorization, whether through skimming, phishing, data breaches, or physical theft of a card, constitutes credit card fraud under DC law. Charges can be brought at the local or federal level depending on the circumstances.
Insurance Fraud
Submitting false claims to an insurance company, staging accidents, or misrepresenting facts on an insurance application can result in fraud charges under both DC and federal law. Insurance companies maintain dedicated fraud investigation units that work closely with prosecutors, meaning these cases are often well-developed by the time charges are filed.
Check Fraud and Bank Fraud
Writing bad checks with the intent to defraud, forging checks, or making false statements to a financial institution can result in fraud charges at the local or federal level. Federal bank fraud under 18 U.S.C. § 1344 carries penalties of up to 30 years in federal prison and fines up to $1 million per offense.
Wire Fraud and Mail Fraud
Federal wire fraud (18 U.S.C. § 1343) and mail fraud (18 U.S.C. § 1341) are among the most commonly charged federal offenses in DC. Any scheme to defraud that uses the internet, telephone, mail, or electronic communications can trigger federal charges, and federal prosecutors use these statutes aggressively as add-on charges to local fraud cases.
When Does a Fraud Case Go Federal?
Washington, DC’s role as the seat of the federal government means that fraud cases here are more likely to be prosecuted at the federal level than in most jurisdictions. Cases are particularly likely to attract federal attention when they involve:
- Federal agencies, programs, or employees as victims
- Government contractors or procurement fraud
- Use of interstate communications (phone, email, internet) in the scheme
- Financial institutions regulated by federal law
- Large sums of money or multiple victims across jurisdictions
If you are being investigated by the FBI, IRS Criminal Investigation, Secret Service, or another federal agency, you are facing potential federal prosecution, not just local charges. Federal convictions carry significantly harsher sentences than those in the DC Superior Court, and federal prosecutors have extensive resources. Getting an attorney involved at the investigation stage, before charges are filed, can be critical.
Defenses to Fraud Charges in DC
Lack of Intent
Fraud requires proof of intentional deception. If the statements or representations at issue were made in good faith, based on a genuine belief in their truth, there is no fraud. Mistakes, bad business judgment, and negligent misrepresentation are not crimes. Your attorney can challenge the government’s evidence of criminal intent, which is often circumstantial and contested.Insufficient Evidence
Fraud cases are often document-heavy. The government must prove every element of the offense beyond a reasonable doubt, which can be a significant burden in complex fraud cases. Your attorney will scrutinize the evidence for gaps, inconsistencies, and alternative explanations.Entrapment
In cases where law enforcement set up a sting operation, your attorney can evaluate whether the government induced you to commit an offense you would not otherwise have committed. Entrapment is a recognized defense in both DC and federal court.Constitutional Violations
Search and seizure issues arise frequently in fraud investigations, particularly when law enforcement executes search warrants on homes, offices, or electronic devices. If the warrant lacked sufficient probable cause or was executed improperly, your attorney can seek suppression of the evidence obtained.Consequences of a Fraud Conviction
The consequences of a fraud conviction extend well beyond prison time and fines:- Professional licenses in law, medicine, accounting, finance, and real estate are commonly revoked or suspended following fraud convictions
- Federal fraud convictions can result in permanent bars to contracting with the government, which can be devastating for the many DC-area professionals who work as government contractors.
- Fraud convictions appear on background checks and can severely limit employment and housing options.
- Non-citizens face deportation consequences.
- Civil lawsuits from victims seeking restitution can follow criminal convictions.
Why Choose Krum, Gergely & Oates?
The Law Offices of Krum, Gergely & Oates defends clients facing fraud allegations at every stage from the initial investigation through trial. We understand how both DC prosecutors and federal authorities build fraud cases, and we work proactively to challenge the government’s evidence, protect our clients’ rights, and achieve the best possible outcome. Our attorneys have handled complex fraud matters involving financial institutions, businesses, and individuals across Maryland, Virginia, and Washington, DC.Frequently Asked Questions
What is the difference between fraud and theft in DC?
Theft involves directly taking someone’s property without consent. Fraud involves obtaining property through deception, false statements, misrepresentations, or schemes designed to trick the victim into handing something over voluntarily. Both are serious offenses, but fraud charges often involve more complex investigations and higher penalties when large sums are involved.
Can I be charged with both DC fraud and federal fraud for the same conduct?
Yes. DC and federal fraud statutes are separate laws, and conduct that violates both can result in prosecution in either court or in both. In practice, prosecutors decide where to bring charges based on factors including the nature of the scheme, the victims, and the amounts involved. An experienced attorney can evaluate your specific situation and what forum is most likely.
What should I do if I am contacted by federal agents investigating a fraud case?
Do not speak with federal investigators without an attorney present. You have an absolute right to remain silent and to have an attorney present before answering any questions. Anything you say can be used against you. Contact the Law Offices of Krum, Gergely & Oates immediately if you are contacted by the FBI, IRS, or any other federal agency in connection with a fraud investigation.
How early should I hire a lawyer if I think I am under investigation for fraud?
As early as possible. Getting an attorney involved before charges are filed gives you the best chance of influencing the outcome of the investigation. In some cases, an attorney can intervene with prosecutors to present exculpatory evidence, correct misunderstandings, or negotiate a resolution that avoids charges altogether.
Contact a DC Fraud Lawyer Today
Fraud charges are serious, and the window to protect yourself is open from the moment you learn you are under investigation. Do not wait until charges are filed.
Call (301) 840-0080 or fill out our contact form to schedule a free consultation.
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