Bank Fraud
| Statute: | 18 U.S.C. § 1344 |
| U.S. Code: | Title 18, Chapter 63 |
| Max Prison: | 30 years |
| Max Fine: | $1,000,000 |
| Guidelines: | USSG §2B1.1 |
| Base Level: | 7 |
| Agencies: | FBI, OCC, FDIC, Federal Reserve |
| Related: | Wire Fraud, Mail Fraud, Money Laundering |
Bank fraud is a federal crime under 18 U.S.C. § 1344 that prohibits schemes to defraud federally chartered or insured financial institutions, or to obtain money, funds, credits, assets, securities, or other property owned by or under the custody or control of such institutions by means of false or fraudulent pretenses, representations, or promises.[1]
Bank fraud carries a maximum sentence of 30 years imprisonment—significantly higher than the 20-year maximum for wire and mail fraud—reflecting Congress's determination to provide enhanced protection for the federal banking system. The offense also carries fines up to $1,000,000.[1]
Elements of the Offense
Section 1344 creates two separate offenses, either of which can support a bank fraud conviction:
Section 1344(1) - Scheme to Defraud
To convict under § 1344(1), the government must prove:
- Scheme to Defraud: The defendant knowingly executed or attempted to execute a scheme or artifice to defraud a financial institution
- Material Misrepresentation: The scheme involved material misrepresentations or omissions[2]
Section 1344(2) - Obtaining Property by False Pretenses
To convict under § 1344(2), the government must prove:
- Scheme to Obtain Property: The defendant knowingly executed or attempted to execute a scheme to obtain money, funds, credits, assets, securities, or other property
- Owned or Controlled by Financial Institution: The property was owned by or under the custody or control of a financial institution
- False Pretenses: The scheme used false or fraudulent pretenses, representations, or promises[2]
Financial Institution
The term "financial institution" is defined in 18 U.S.C. § 20 to include:
- Banks insured by the FDIC
- Federal Reserve member banks
- Federal credit unions
- Federally licensed branches of foreign banks
- Federal home loan banks
- Federal savings and loan associations
- Mortgage lending businesses
- Federal land banks
- Farm credit institutions[3]
No Wire or Mail Required
Unlike wire or mail fraud, bank fraud does not require proof that the defendant used any particular instrumentality (wires or mail). The offense is complete when the defendant executes or attempts to execute the fraudulent scheme against a covered financial institution.
Statutory Penalties
| Offense | Maximum Imprisonment | Maximum Fine |
|---|---|---|
| Bank fraud (§ 1344) | 30 years | $1,000,000 |
| Conspiracy to commit bank fraud (§ 1349) | 30 years | $1,000,000 |
The substantially higher maximum sentence for bank fraud (30 years) compared to wire and mail fraud (20 years) reflects Congress's intent to provide enhanced protection for federal financial institutions.
In addition to imprisonment and fines, defendants face:
- Restitution to the defrauded institution
- Forfeiture of proceeds
- Civil money penalties from banking regulators
- Industry bars preventing future employment in banking[1]
Federal Sentencing Guidelines
Bank fraud is sentenced under USSG §2B1.1, the same guideline that governs wire fraud, mail fraud, and other theft and fraud offenses.
Base Offense Level
The base offense level for bank fraud under §2B1.1(a) is:
- 7 if the offense involved fraud or deceit
- 6 if the offense did not involve fraud or deceit[4]
Loss Amount Enhancements
The most significant enhancement typically comes from the amount of loss caused by the fraud. The loss enhancement table under §2B1.1(b)(1) applies:
| Loss Amount | Level Increase |
|---|---|
| More than $6,500 | +2 |
| More than $15,000 | +4 |
| More than $40,000 | +6 |
| More than $95,000 | +8 |
| More than $150,000 | +10 |
| More than $250,000 | +12 |
| More than $550,000 | +14 |
| More than $1,500,000 | +16 |
| More than $3,500,000 | +18 |
| More than $9,500,000 | +20 |
| More than $25,000,000 | +22 |
| More than $65,000,000 | +24 |
Bank Fraud-Specific Enhancements
Additional enhancements particularly relevant to bank fraud include:
- +2 levels: If the defendant was an officer or employee of a financial institution and the offense involved abuse of the defendant's position
- +4 levels: If the offense substantially jeopardized the safety and soundness of a financial institution
- +2 levels: If the offense involved sophisticated means[4]
Common Bank Fraud Schemes
Check Kiting
Check kiting exploits the float time between depositing a check and its clearance. The scheme involves:
- Opening accounts at two or more banks
- Writing checks between accounts before funds are available
- Creating the appearance of sufficient funds through the float period
- Withdrawing money before the scheme collapses
Check kiting causes losses when the scheme inevitably fails and the banks discover the insufficient funds.[5]
Loan Fraud
Loan fraud involves obtaining loans through false representations, such as:
- Misrepresenting income, assets, or employment on loan applications
- Providing false financial statements
- Submitting fraudulent collateral documentation
- Identity theft to obtain loans in others' names
Loan fraud is particularly common in mortgage lending and SBA loans.[5]
Credit Card Fraud
Schemes to defraud banks through credit card fraud include:
- Application fraud (using false information to obtain cards)
- Account takeover (gaining unauthorized access to existing accounts)
- Bust-out schemes (building credit then maximizing charges before disappearing)
- Merchant fraud (processing fictitious transactions)
Mortgage Fraud
Mortgage fraud is a subset of bank fraud that involves misrepresentations in mortgage transactions:
- Property flipping with inflated appraisals
- Straw buyers (using someone else's identity or credit)
- Fraudulent income documentation
- Multiple loan applications for the same property
- Builder bailout schemes
PPP and EIDL Fraud
Following the COVID-19 pandemic, federal prosecutors brought thousands of bank fraud cases related to the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL), including:
- Fabricated businesses
- Inflated payroll figures
- Multiple applications under different identities
- Use of funds for unauthorized purposes[6]
Identity Theft-Based Fraud
Using stolen personal information to:
- Open fraudulent accounts
- Obtain loans
- Access existing accounts
- Conduct unauthorized transactions
Notable Cases
Todd and Julie Chrisley (2022)
Reality TV stars Todd Chrisley and Julie Chrisley were convicted of bank fraud and tax evasion in 2022. The couple defrauded banks of over $30 million by providing false financial statements and tax returns to obtain loans. Todd Chrisley was sentenced to 12 years and Julie Chrisley was sentenced to 7 years in federal prison.[7]
Paul Manafort (2018)
Paul Manafort was convicted of bank fraud charges related to obtaining over $20 million in loans from banks through false representations about his income and assets. He submitted doctored financial statements and fraudulent tax returns to lenders. He was sentenced to 7.5 years in federal prison on tax and bank fraud charges.[8]
Ippei Mizuhara (2024)
Ippei Mizuhara, the former interpreter for Los Angeles Dodgers star Shohei Ohtani, pleaded guilty in 2024 to bank fraud and tax charges after stealing approximately $17 million from Ohtani to cover gambling debts. Mizuhara made fraudulent wire transfers from Ohtani's bank accounts, lying to bank employees about his authorization.[9]
Allen Stanford (2012)
Allen Stanford was convicted of bank fraud and other charges in connection with a $7 billion Ponzi scheme. He sold fraudulent certificates of deposit through his Stanford International Bank in Antigua, promising impossibly high returns. He was sentenced to 110 years in federal prison.[10]
PPP Fraud Cases (2020-Present)
Thousands of individuals have been prosecuted for PPP loan fraud since 2020. Notable cases include:
- A Florida man who received $3.9 million in PPP loans and purchased a Lamborghini, sentenced to over 6 years
- An Atlanta pastor who obtained $1.5 million in PPP funds for fake businesses
- A California man who obtained over $9 million in PPP loans using fabricated documents[6]
Statistics
According to the United States Sentencing Commission:
- In fiscal year 2023, federal courts sentenced approximately 1,100 defendants for bank fraud offenses
- The median sentence for bank fraud was 24 months imprisonment
- Approximately 85% of bank fraud defendants received some term of imprisonment
- Average loss amounts in bank fraud cases exceeded $500,000
- PPP and EIDL fraud cases constituted a significant portion of bank fraud prosecutions in recent years[11]
Defenses
Lack of Intent
Bank fraud requires that the defendant knowingly executed a scheme to defraud. Defendants may argue that misrepresentations were made negligently, mistakenly, or without fraudulent intent.
No Misrepresentation
If the defendant's statements were substantially true, even if incomplete or puffery, there may be no actionable misrepresentation.
No Financial Institution Involved
Bank fraud requires that the scheme involve a covered financial institution as defined in 18 U.S.C. § 20. If the victim is not a covered institution, bank fraud charges may be improper (though wire or mail fraud may still apply).
Materiality
The misrepresentation must be material—capable of influencing the institution's decision. Immaterial false statements do not constitute bank fraud.
Statute of Limitations
The statute of limitations for bank fraud is 10 years, longer than the 5-year limitations period for many other federal offenses.
Relationship to Other Offenses
Wire Fraud
Wire fraud (18 U.S.C. § 1343) often overlaps with bank fraud when electronic communications are used in the scheme. Bank fraud carries higher penalties (30 years vs. 20 years) but does not require proof of wire use.
Mail Fraud
Mail fraud (18 U.S.C. § 1341) may apply when the mails are used in bank fraud schemes. Like wire fraud, it carries a lower maximum sentence than bank fraud.
Money Laundering
Money laundering charges often accompany bank fraud when defendants attempt to conceal or move the proceeds of their scheme.
Identity Theft
Aggravated identity theft (18 U.S.C. § 1028A) adds a mandatory consecutive 2-year sentence when identity theft is used to commit bank fraud.
See also
- Wire Fraud
- Mail Fraud
- Money Laundering
- Mortgage Fraud
- Federal Sentencing Guidelines and Offense Enhancements
- Todd Chrisley
- Julie Chrisley
- Paul Manafort
Frequently Asked Questions
Q: What is bank fraud?
Bank fraud is a federal crime under 18 U.S.C. § 1344 that prohibits executing schemes to defraud federally insured financial institutions or obtain their property through false pretenses. It carries a maximum sentence of 30 years—higher than wire or mail fraud.
Q: What is the maximum sentence for bank fraud?
Bank fraud carries a maximum sentence of 30 years in federal prison and fines up to $1,000,000. This is significantly higher than the 20-year maximum for wire and mail fraud, reflecting Congress's intent to protect the federal banking system.
Q: What is the difference between bank fraud and wire fraud?
Bank fraud specifically targets schemes against federally insured financial institutions and does not require use of any particular communication medium. Wire fraud covers schemes using electronic communications against any victim. Bank fraud carries a 30-year maximum sentence; wire fraud carries 20 years.
Q: What qualifies as a financial institution under the bank fraud statute?
The statute covers FDIC-insured banks, Federal Reserve member banks, federal credit unions, federally licensed foreign bank branches, federal home loan banks, federal savings and loan associations, mortgage lending businesses, farm credit institutions, and similar federally regulated entities.
Q: What is check kiting?
Check kiting is a bank fraud scheme that exploits the float time between depositing a check and its clearance. The scheme involves writing checks between multiple accounts before funds are available, creating the false appearance of sufficient funds, then withdrawing money before the scheme collapses.
Q: What is the statute of limitations for bank fraud?
The statute of limitations for bank fraud is 10 years, longer than the 5-year limitations period for many other federal offenses. This extended period reflects the complexity of financial fraud investigations and the difficulty in detecting sophisticated schemes.
References
- ↑ 1.0 1.1 1.2 18 U.S.C. § 1344.
- ↑ 2.0 2.1 U.S. Department of Justice, Criminal Resource Manual § 953, "18 U.S.C. § 1344—Elements of Bank Fraud."
- ↑ 18 U.S.C. § 20.
- ↑ 4.0 4.1 United States Sentencing Commission, USSG §2B1.1 (2024).
- ↑ 5.0 5.1 FBI, "Financial Institution Fraud."
- ↑ 6.0 6.1 U.S. Department of Justice, "COVID-19 Fraud Enforcement."
- ↑ U.S. Department of Justice, "Reality TV Stars Todd and Julie Chrisley Convicted of Federal Charges," June 7, 2022.
- ↑ U.S. Department of Justice, "Paul J. Manafort Convicted of Tax and Bank Fraud," August 21, 2018.
- ↑ U.S. Department of Justice, "Interpreter for Los Angeles Dodgers Star Shohei Ohtani Charged in Multimillion Dollar Theft," April 11, 2024.
- ↑ U.S. Department of Justice, "R. Allen Stanford Convicted of Running $7 Billion Investment Fraud Scheme," March 6, 2012.
- ↑ United States Sentencing Commission, 2023 Annual Report and Sourcebook of Federal Sentencing Statistics.
White Collar Crimes: Wire Fraud · Mail Fraud · Tax Evasion · Money Laundering · Bank Fraud · Healthcare Fraud · Securities Fraud · Aggravated Identity Theft · Embezzlement · Bribery · Insurance Fraud · Mortgage Fraud
Other Federal Offenses: Drug Trafficking · Illegal Reentry · Felon in Possession · RICO · Conspiracy · False Statements · Obstruction of Justice · Child Exploitation