Understanding What Steps To Take When Facing Fraud Charges

In recent years, cases involving fraud and forgery, particularly involving credit cards, have gained more attention by authorities in Georgia. As a result of substantial complaints by individuals and businesses, law enforcement is actively seeking to detain and prosecute individuals they suspect are involved in credit card fraud and other identity theft activities. Accordingly, the punishments for these types of charges are serious: fines and imprisonment are likely if you are convicted of these charges.

I am Timothy McCalep. As a seasoned criminal defense attorney who has spent his career working in Atlanta and across Fulton County, I have represented individuals in many cases that involve fraud or forgery charges. I strive to provide a client-centered service that balances an aggressive approach with a thoughtful consideration of all the facts of the case. I try to create a legal strategy that optimizes my clients' chances for a favorable outcome.

Defense In Cases Involving Forgery And Fraud

I work to represent clients in a variety of cases, including those that deal with:

Bank Fraud

Generally speaking, forgery is a white-collar crime. Georgia breaks the offense down into multiple degrees, which each require certain elements to be meet, and therefore have varying tiers of punishment.

Forgery in the First Degree

A person commits forgery in the first degree when he or she has an intent to defraud another and therefore knowingly makes, alters, or possesses any writing, other than a check, in a fake name or in a manner that the writing as made or altered, claim to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and speaks or delivers such writing.

Punishment: one to 15 years in prison.

Forgery in the Second Degree

A person commits forgery in the first degree when he or she has an intent to defraud another and therefore knowingly makes, alters, or possesses any writing, other than a check, in a fake name or in a manner that the writing as made or altered, claim to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

Punishment: one to five years in prison.

Forgery in the Third Degree

A person commits forgery in the third degree when with the intent to defraud he or she knowingly:

  1. Makes, alters, possesses, speaks, or delivers any check written in the amount of $1,500.00 or more in a fake name or in such manner that the check as made or altered claims to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
  2. Possesses ten or more checks written without a specified amount in a fake name or in such manner that the checks as made or altered, claim to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

Punishment: one to five years in prison.

Forgery in the Fourth Degree

A person commits forgery in the fourth degree when with the intent to defraud he or she knowingly:

  1. Makes, alters, possesses, speaks, or delivers any check written in the amount of less than $1,500.00 in a fakes name or in such manner that the check as made or altered, claim to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
  2. Possesses less than ten checks written without a specified amount in a fake name or in such manner that the checks as made or altered, claim to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

Punishment: up to 12 months in jail and a fine not to exceed $1000.00.

Let Timothy McCalep get results for you. Call me today!

Identity Fraud

With the growth of technology and the expansion of the Internet, identity theft is one of the most frequently committed crimes.

A person commits identity fraud when he or she willfully and fraudulently:

  1. Uses intentionally or possesses with intent to fraudulently use, identifying information concerning a person without permission;
  2. Uses identifying information of an individual under 18 years old over whom he or she has custody over;
  3. Uses intentionally or possesses with the intent to fraudulently use, identifying information concerning a dead person;
  4. Creates, uses, or possesses with intent to fraudulently use, any fake identifying information concerning a fake person with intent to use the fake identification information for the purpose of committing a crime or fraud on another person; or
  5. Creates, uses, or possesses with intent to fraudulently use, any fake identifying information concerning a real person with the intent to use the fake identification information for the purpose of a crime or fraud on another person.

Identify fraud can also be committed by a person who receives and fake identification information that he or she knows is fake or stolen.

A person can face up to ten years in prison and also required to pay thousands of dollars in fees and restitution to the victim. If you have been accused of identity theft, you have so much to loose. Do not increase your risk of loss by not hiring an experienced attorney to handle your case. Timothy McCalep has the knowledge and skill to yield results in your case. Please contact my law office immediately so we can establish your defense.

Insurance Fraud

Insurance fraud occurs when an insurance policyholder or service provider attempts to collect insurance payments that he or she would not otherwise be entitled to receive.

Examples of insurance fraud include:

  1. Filing fraudulent claims
  2. Faking loses
  3. Intentionally causing losses through arson, theft or other means

Georgia law indicates that any person who knowingly or willfully:

  1. Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing:
    1. In any written statement or certificate;
    2. In the filing of a claim;
    3. In the making of an application for a policy of insurance;
    4. In the receiving of such an application for a policy of insurance; or
    5. In the receiving of money for such application for a policy of insurance for the purpose of obtaining or attempting to obtain the payment of any false or fraudulent claim or other benefit by an insurer;
  2. Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit;
  3. Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or
  4. Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits insurance fraud.

Additionally any person who knowingly and willfully or recklessly engages in the following activities as an agent, representative, or on behalf of an insurer not authorized to transact insurance in Georgia insurance fraud:

  1. Soliciting, negotiating, obtaining, or bringing about insurance or annuity contracts or renewals;
  2. Soliciting, negotiating, obtaining, or bringing about any contract relating to benefits or services;
  3. Distributing information as to coverage or rates;
  4. Forwarding applications;
  5. Delivering policies or contracts;
  6. Inspecting or assessing risk;
  7. Fixing of rates;
  8. Investigating or adjusting claims or losses;
  9. Collecting or forwarding of premiums; or
  10. In any other manner representing or assisting such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state.

As punishment, a person convicted of insurance fraud will be guilty of a felony and serve time in prison ranging from two to ten years and/ or forced to pay a fine of up to $10,000.00.

The penalties are harsh, which makes your defense that much more important. I, Timothy McCalep can provide you the defense you need and deserve, plus fight to reduce the potential consequences you may face. Give me a call today!

Tax Fraud

Tax fraud allegations are SERIOUS. If the IRS has been trying to reach out to you on numerous occasions, you may be under investigation for tax fraud. You should not wait until formal charges have been filed against to hire an attorney; the sooner you address the situation, the less impact it may have on the rest of your life and ignoring the IRS will not make them go away.

Tax fraud is occurs when an individual defrauds the United States Treasury or the state's department of revenue. Common tax fraud charges include:

  1. Tax evasion
  2. Intentionally filing false tax returns
  3. Failing to identify the sources of income
  4. Structuring cash deposits larger than 10, 000.00 to avoid filing of a Currency Transaction Reports

Cases involving tax fraud are extremely complex and require the attention of someone who will pay close attention to detail. Your case is important to me and I will do every thing possible to obtain a favorable outcome for you. Contact me today for a free consultation.

There are many aspects to fraud and forgery cases that need to be addressed by a competent attorney. In its simplest terms, fraud typically involves false representation. However, there are many other considerations that go into fraud cases. As an experienced lawyer, I know what to look for and what to investigate. As a litigator, I'm always prepared to fight for your rights, particularly if the forgery and/or fraud charges levied against you are coupled with additional charges, which could have drastic consequences for your freedom.

I Work To Keep You Free

As a seasoned fraud attorney, I work diligently to help my clients through the legal process. To schedule a consultation, call me at 404-692-7525 or use the contact form