Newsletters

Red Flags and Mortgage Fraud

Due to the popular refinancing boom of the last few years, mortgage fraud has been on the rise. Unfortunately, borrowers tend to be the victims of the offense. The parties involved in mortgage fraud may include mortgage companies, mortgage brokers, appraisers, or borrowers.

UNLAWFUL POSSESSION OF A WEAPON WHERE PROHIBITED

In some states, a person commits the offense of unlawful possession of a weapon where prohibited if he or she intentionally, knowingly, or recklessly possesses a firearm, an illegal knife, a club, or a prohibited weapon on or within a certain number of feet from certain premises. Such premises include schools or educational institutions, polling places on the day of an election, courthouses, racetracks, secured areas of airports, or correctional institutions.

JURISDICTION OVER VICTIMLESS CRIMES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS

When a criminal offense is committed on a Native American reservation, jurisdiction over the offense will depend upon whether the victim of the offense is a Native American or a non-Native American. If the victim of the offense is a Native American, either the federal government or a tribal court will generally assume jurisdiction over the offense. If the victim of the offense is a non-Native American, the state in which the reservation is located will generally assume jurisdiction over the offense.

Attorney-Client Privilege

Communications between an attorney and a client made during a professional meeting are considered confidential and do not have to be disclosed. The client owns this communication and therefore the client is the only individual who may waive this privilege. The purpose of this privilege is so that the client may be able to fully disclose all information to his or her attorney.

Prosecutions for State Insurance Fraud

Most states have statutes governing the issue of insurance fraud. One may be charged with insurance fraud if: The individual prepared or presented a false or fraudulent written statement; the individual aided, solicited, or conspired in presenting a fraudulent written statement; the individual had the specific intent to defraud the insurer.