What Are the Different Types of Fraud Charges in Illinois?
When you hear the word “fraud,” you may imagine some form of theft or deceitful behavior. Fraud is often generally defined as “any act in which one person intentionally misrepresents an existing fact to another in order to induce the other person to act or to gain something of value.” It is important to note that there can be many actions that may be considered a type of fraud. In some cases, an individual may not even know what constitutes this type of crime. Illinois law defines seven categories under which criminal charges of fraud can be filed. The penalties vary depending on the circumstances, but regardless, the consequences can be serious. Therefore, if you or someone you know is facing such charges, it is imperative that you seek legal counsel from a skilled attorney who can build a solid defense on your behalf.
Understanding Fraudulent Actions
Fraud can include numerous acts, some of which are punished more severely than others. However, it can be difficult to prove fraud in some cases since the prosecution has to show the defendant knew it was wrong and committed it intentionally. The charges can range from misdemeanors to felonies depending on the party that was defrauded and the amount stolen. The punishments can include years in prison and fines exceeding thousands of dollars. In certain cases, an offender may also be ordered to pay restitution to the party directly affected by the fraud.
A few of the main kinds of fraud charges that are issued in Illinois include:
- Fraudulent Tampering: Tampering involves the intentional interference with something, such as modifying or sabotaging a security, fire, or life safety system; unlawful transfers of property or stocks; or mail and wire fraud.
- Fraud on a Governmental Entity: Obtaining (or attempting to obtain) state funds or benefits from a program supported by the state of Illinois can encompass knowingly using false identification or information in order to gain access to a government program.
- Insurance/Healthcare Fraud: Any acts in which a person makes a false claim in an effort to obtain control over or receive benefits from an insurance company is fraud. Acts that involve a person obtaining (or attempting to obtain) healthcare benefits from an entity other than the government are classified as healthcare fraud.
- Credit Card Fraud: The unlawful possession, use, and sale of credit or debit cards constitutes fraud. Even if nothing was purchased on the cards, an individual can be charged with this type of fraud if the intent to defraud someone can be proven.
- Computer Fraud: This form of fraud involves using a computer or the Internet to commit a fraudulent act. It can range from illegal access to a person’s account to destroying physical devices. In some cases, it can be charged in conjunction with hacking, identity theft, and child pornography.
- Miscellaneous/Special Fraud: Knowingly deceiving or intimidating an elderly or disabled person to obtain control over their property may be charged as miscellaneous special fraud.
Contact a Chicago Criminal Defense Attorney
The criminal offense of fraud can involve many actions, some of which a person may not even realize are illegal. In Illinois, the penalties for various fraud-related crimes can be steep, including jail time and costly fines, which can all significantly impact your personal and professional life. The skilled legal team at Luisi Legal Group has more than 15 years of legal experience, so we are well-versed in Illinois criminal law. Our seasoned Cook County criminal defense lawyers know how to defend against fraud charges to avoid a conviction and will work tirelessly to protect your rights along the way. Call us today at 773-276-5541 to schedule a free consultation.
Sources:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-1
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-24
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-10.5