Will I go to jail for Landlord Fraud ?

By Spodek Law Group
August 9, 2024
6 min read
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Will I Go to Jail for Landlord Fraud?

As experienced federal defense attorneys at Spodek Law Group, we understand the anxiety and uncertainty that comes with facing potential criminal charges for landlord fraud. The short answer is - it depends on the specifics of your case. However, landlord fraud is taken very seriously by law enforcement and prosecutors, and can absolutely result in jail time in many circumstances.

What Constitutes Landlord Fraud?

Landlord fraud encompasses a range of deceptive or illegal practices by property owners or managers, including:
  • Collecting rent for uninhabitable properties
  • Falsifying income/expense records to obtain loans
  • Failing to make required repairs while keeping security deposits
  • Illegally evicting tenants
  • Renting out properties without proper licenses/permits
  • Misusing tenant security deposits
The severity can range from minor violations to large-scale schemes defrauding multiple tenants or lenders out of significant sums of money.

Potential Criminal Charges and Penalties

Depending on the nature and scale of the fraud, landlords may face charges like:
  • Wire fraud
  • Mail fraud
  • Bank fraud
  • Tax evasion
  • Money laundering
These federal offenses carry steep penalties, including:
Offense Maximum Prison Sentence Maximum Fine
Wire Fraud 20 years $250,000
Mail Fraud 20 years $250,000
Bank Fraud 30 years $1,000,000
Money Laundering 20 years $500,000 or 2x amount laundered
As you can see, conviction on any of these charges could result in SIGNIFICANT jail time. The exact sentence depends on factors like:
  • Total financial losses involved
  • Number of victims
  • Defendant's criminal history
  • Whether the defendant accepts responsibility

Factors That Increase Likelihood of Jail Time

While every case is unique, certain aggravating factors make incarceration more likely:
  • Large dollar amounts - Defrauding tenants or banks out of hundreds of thousands or millions of dollars
  • Repeat offenses - Prior convictions for fraud or other financial crimes
  • Vulnerable victims - Targeting elderly or low-income tenants
  • Sophisticated schemes - Complex, long-running fraudulent operations
  • Obstruction of justice - Lying to investigators or destroying evidence
If your case involves any of these elements, the chances of serving jail time increase substantially. That's why it's CRUCIAL to contact an experienced federal defense attorney as soon as possible if you're under investigation.

Defenses Against Landlord Fraud Charges

While the potential penalties are severe, there are several defenses we may be able to employ, depending on the circumstances:
  • Lack of intent - Arguing that any misrepresentations or violations were unintentional mistakes rather than deliberate fraud
  • Insufficient evidence - Challenging the prosecution's evidence as inadequate to prove guilt beyond a reasonable doubt
  • Improper investigative techniques - Suppressing evidence obtained through illegal searches or other violations of your rights
  • Entrapment - Demonstrating that law enforcement induced you to commit crimes you wouldn't have otherwise
  • Statute of limitations - Arguing that the alleged fraud occurred too long ago to be prosecuted
Our experienced attorneys will thoroughly examine every aspect of your case to identify the strongest possible defense strategy.

Civil vs. Criminal Consequences

It's important to note that landlords may face both civil and criminal liability for fraudulent practices. Even if criminal charges aren't filed, tenants or other victims can sue for damages in civil court.While civil judgments don't result in jail time, they can still have devastating financial consequences. Large monetary awards, plus potential punitive damages, can bankrupt landlords and destroy their business.That's why it's critical to have skilled legal representation whether you're facing criminal charges, civil lawsuits, or both. Our attorneys at Spodek Law Group have extensive experience handling complex fraud cases in both criminal and civil courts.

The Importance of Experienced Legal Counsel

If you're under investigation for landlord fraud or have already been charged, DO NOT try to handle this on your own. The stakes are simply too high.At Spodek Law Group, we have decades of experience defending clients against serious federal charges. Our attorneys include former prosecutors who understand how the government builds these cases - and how to fight them effectively.We'll work tirelessly to protect your rights, challenge the evidence against you, and pursue every available avenue to avoid conviction or minimize penalties. In many cases, we've been able to:
  • Get charges reduced or dismissed entirely
  • Negotiate favorable plea deals to avoid jail time
  • Win acquittals at trial
Don't risk your freedom and future by going it alone. Contact us today at 212-300-5196 for a free, confidential consultation about your case. Let us put our knowledge and experience to work for you.Remember, the prosecution will have a team of experienced attorneys working against you. MAKE SURE you have an equally skilled team on YOUR side.

FAQs About Landlord Fraud Charges

Here are some common questions we hear from clients facing potential landlord fraud charges:Q: Can I go to jail for accidentally violating landlord-tenant laws?A: Generally, unintentional violations are unlikely to result in criminal charges. However, repeated or egregious violations, even if not deliberately fraudulent, could potentially lead to criminal liability. It's always best to consult an attorney if you're unsure about your legal obligations as a landlord.Q: What should I do if I'm contacted by law enforcement about potential fraud?A: DO NOT speak to investigators without an attorney present. Politely decline to answer questions and inform them that you'll be contacting legal counsel. Then call us immediately at 212-300-5196. Anything you say to law enforcement can be used against you, even if you're innocent.Q: Can I negotiate a settlement to avoid criminal charges?A: In some cases, yes. Depending on the circumstances, we may be able to negotiate a civil settlement or restitution agreement that satisfies the victims and convinces prosecutors not to file criminal charges. However, this isn't always possible, especially in large-scale fraud cases.Q: How long do landlord fraud investigations typically take?A: It varies widely depending on the complexity of the case. Simple investigations might conclude in a few months, while complex, multi-jurisdictional fraud cases can take years. Throughout the process, we'll work to protect your rights and interests.Q: Will I lose my property if convicted of landlord fraud?A: It's possible. In addition to fines and potential jail time, the government may seek asset forfeiture of properties involved in the fraud. This is another reason why having experienced legal representation is so critical.

Conclusion: Don't Face This Alone

Landlord fraud charges are extremely serious and can have life-altering consequences. While jail time is a very real possibility in many cases, it's not inevitable. With skilled legal representation, you may be able to avoid conviction entirely or minimize the penalties you face.At Spodek Law Group, we have the knowledge, experience, and resources to mount an aggressive defense against landlord fraud charges. We understand the complex laws and regulations governing property management, as well as the tactics used by federal prosecutors in these cases.Don't let fear or uncertainty paralyze you. Take action to protect your rights and your future. Contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a free consultation. We're available 24/7 to discuss your case and start building your defense strategy.Remember, the sooner you involve experienced legal counsel, the better your chances of a favorable outcome. Don't wait until it's too late - reach out to Spodek Law Group today and let us fight for you.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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