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Is Mortgage Fraud a Federal Crime?

Yes, mortgage fraud is a federal crime, but many people don’t realize just how serious it is until they’re facing charges. It’s not just about bad loans or misleading paperwork. The Federal Government treats mortgage fraud as an attack on the financial system itself, which means aggressive prosecution and life-altering penalties. Regular homebuyers, real estate agents, and loan officers can find themselves facing years in Federal prison over a single mistake or misrepresentation.

If you’ve been accused of mortgage fraud, the prosecution is already working against you. Speak to our Houston Federal Mortgage Fraud Defense Lawyer  Robert J. Fickman to explore your legal options.

When Does Mortgage Fraud Become a Federal Crime?

Mortgage fraud crosses into federal territory when it involves federally regulated financial institutions, government-backed loans, or interstate transactions. Given that most mortgages are handled by banks that are insured by the federal government, most alleged mortgage fraud cases fall under federal jurisdiction. Several Federal agencies work together to investigate and prosecute Federal mortgage fraud, including:

  • The FBI – Handles financial crimes, including large-scale mortgage fraud operations.
  • The Department of Justice (DOJ) – Prosecutes fraud cases at the federal level.
  • The Federal Housing Finance Agency (FHFA) – Investigates fraud related to federally backed mortgages.

Federal laws used to prosecute mortgage fraud include:

  • The Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) – Allows the government to impose civil penalties for fraud affecting federally insured banks.
  • The Fraud Enforcement and Recovery Act (FERA) – Strengthens fraud enforcement related to housing and financial institutions.
  • Bank fraud laws (18 U.S.C. § 1344) – Make it a crime to defraud a financial institution.
  • Wire fraud and mail fraud laws – Address fraudulent schemes that involve electronic communications or mail services.

A single fraudulent mortgage application can lead to federal charges if the fraud involves federally backed loans or financial institutions.

Penalties for Federal Mortgage Fraud

  • Prison time – Sentences can reach up to 30 years, depending on the severity of the fraud.
  • Hefty fines – Defendants may be ordered to pay millions of dollars in fines and restitution.
  • Civil penalties – Even if a person avoids criminal charges, they can still face lawsuits and financial penalties.
  • Career and financial consequences – A federal fraud conviction can make working in finance, real estate, or any field requiring trust and financial responsibility nearly impossible.

Defenses Against Mortgage Fraud Charges

  • Lack of intent – The government must prove that you knowingly and deliberately engaged in fraud. If your actions were accidental or based on bad advice, that could be a strong defense.
  • False accusations – Sometimes, people are accused of mortgage fraud due to misunderstandings or because someone else committed the crime.
  • Insufficient evidence – If the prosecution’s case is weak, your criminal defense attorney may be able to get the charges dismissed or win at trial.
  • Statute of limitations – If too much time has passed since the alleged fraud, your defense attorney may argue that the case should be thrown out because it is too late to file charges.

Houston Criminal Attorney Robert J. Fickman

Challenge Federal Charges with Houston Federal  Mortgage Fraud Defense Lawyer Robert Fickman

Federal prosecutors treat mortgage fraud as a very serious criminal offense.  They will pull bank records, interview witnesses, and build a case designed to put you behind bars. Once the charges are filed, they won’t back down. They expect you to plead guilty. They expect you to fold under pressure.

Robert Fickman knows how to take on federal fraud charges. He doesn’t just accept the government’s version of events—he digs into the details and fights to get charges reduced or dismissed. The sooner he starts working on your case, the stronger your defense will be.

If federal agents are investigating you, now is the time to act. Dial (713) 655-7400 to discuss your case with Federal Criminal Defense Lawyer Robert Fickman or contact him online.

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