Fraud

Under Wisconsin law, a person may be criminally charged with 'fraud", and a person may be sued for a noncriminal tort of fraud. Attorney Mike Rudolph only represents people in criminal cases, being those who are under investigation for or who have already been charged with a Fraud crime. Under Wisconsin laws, the crime of fraud is a property crime.

Wisconsin Property Crimes

Wisconsin Statute Chapter 943: Crimes Against Property is a Wisconsin statute defining many theft crimes, including crimes involving fraud. Whether a crime is committed fraudulently depends upon the facts of the case. To understand how the law affects you and your case, please call Attorney Mike Rudolph.

Fraud Defined

Fraud is defined as knowingly misrepresenting the truth or concealing an actual fact for the purpose of inducing another person to act to his or her detriment. Under Wisconsin law, fraud is not in and of itself a crime. People can deceive one another without that deception being criminal. Fraud is the act of deceiving another person. Under Wisconsin law, most fraudulent crimes involve theft of property. Typically, the property stolen is tangible, such as real property, a car, or money.

When a person is tricked into changing the title or possession of the property, then a crime - theft by fraud - may have occurred.

An attempt to commit a fraudulent act is also a crime.

If you are under investigation for a crime, call Attorney Mike Rudolph at 920-730-8533.

White Collar Crimes

Crimes involving criminal fraud are usually committed without violence, so they are often categorized as white collar crimes.

Felony & Misdemeanor

Fraud crimes include both Felony and Misdemeanor charges, depending upon the value of the property involved in the fraud. Charges can be brought under a Wisconsin law for an offense that violates state law, under federal statute for an offense that violates federal law, or both.

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Intent To Defraud

In order for the state to prove criminal fraud, the state must prove that the defendant had the requisite mens rea—a Latin term meaning a person’s awareness of the fact that his or her conduct is criminal. The state must prove that it was the purposeful intent of the defendant to induce the victim into some act that the victim would not have committed otherwise.

Theft

Theft is the intentional taking and carrying away, the use of, the transfer of, the concealment of, or the retained possession of another person's moveable property without consent and with intent to permanently deprive the owner of that property. (Wis. Stat. 943.20(1)(a)).

It is not a theft if the taking of property was accidental.

Penalties for Theft By Fraud

Value Of Property	Penalty Classification
Less than $2,500	Class A Misdemeanor
More than $2,500, but less than $5,000	Class I Felony
More than $5,000, but less than $10,000	Class H Felony
More than $10,000	Class G Felony
Unless Property Classification Is:	Then Penalty Is:
Domestic animal	Class H Felony
Property from abandoned building	Class H Felony
Looting	Class H Felony
Firearms	Class H Felony
Property owner is a person at risk	Class H Felony

Theft by Fraud on Hotel, Restaurant, Recreational Attraction, Taxicab Operator, Gas Station

Under Wisconsin Statute 943.21, a person who obtains accommodations, services or goods and then intentionally leaves without paying for it is fraud. A person who or intentionally refuses to pay legitimate claims and closes a checking account before the debt is paid or knowingly writes checks with insufficient funds to pay or provides false information, may be charged with a crime as indicated in the chart below.

Value Of Property	Penalty Classification
Less than $2,500	Class A Misdemeanor
More than $2,500, but less than $5,000	Class I Felony
Unless Gasoline:	Then Penalty Is:
Gasoline	Class D Forfeiture

Theft From A Financial Institute

Theft from a financial institution is subject to the same penalties as theft by fraud.

Extortion, Loan Sharking, Blackmail

Extortion is blackmail. The legal definition of extortion is the use or threat of force or harm to a person to compel them to pay money to the extortionist. The harm threatened can be to reputation, to the victim or a member of the victim's family.

Penalties for loan sharking, blackmail

Under Wisconsin statute 943.28, loan sharking or extortion is a Class F Felony, punishable by a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

Defamation and Fraud

If instead of threat of force, a threat of defamation is used to blackmail a person into transferring property, the crime is a Class I Felony, punishable by a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both. Defamation is the communication of derogatory information, whether true or false, to at least one other person.

It is a Class H Felony, punishable by a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both, to threaten to falsely accuse a person of a crime to gain some advantage.

Fraudulent Insurance and Employee Benefit claims

Under Wisconsin Statute 943.40, if any person makes a false claim for insurance or employee benefits knowing such claims to be false or fraudulent and the claim is equal to or less than $2,500, then the person is guilty of a Class A misdemeanor punishable by up to nine months or $10,000. If the false claim exceeds $2,500 then it is a Class I Felony punishable by a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

Fraud Against A Financial Institute

Under Wisconsin Statute 943.83, if a person obtains money, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution by means of false pretenses, representations, or promises, or by use of any fraudulent device, scheme, artifice, or monetary instrument, then they are subject to penalties as provided for a Class A misdemeanor if the value does not exceed $500, a Class I Felony if it is a second offense, a Class H Felony if the value exceed $500 but is less than $10,000, a Class G Felony if the value exceeds $10,000 but does not exceed $100,000, and a Class E Felony if the value exceeds $100,000.

Loan Fraud

Under Wisconsin Statute 943.83, if a person intentionally defrauds a financial institution by knowingly overvaluing or makes a false statement concerning an asset for the purpose of influencing the financial institution to take or defer any action in connection with a loan or loan application, then they may be penalized as provided for a Class A misdemeanor if the value does not exceed $500.It will be Class I Felony if it is a second offense. It is a Class H Felony if the value of the loan or the asset is $500 but is less than $10,000, a Class G Felony if the value exceeds $10,000 but does not exceed $100,000, and a Class E Felony if the value exceeds $100,000.

Mail Fraud

Under Wisconsin Statute 943.89, any person who furthers the commission of a financial crime or sells, disposes of, loans, exchanges, alters, gives away, distributes, supplies, furnishes, or procures for an unlawful purpose any counterfeit currency, obligation, or security and deposits or causes any matter to be deposited with a commercial carrier or in a US post office or authorized depository for US mail is subject to Class H Felony charges.

Wire Fraud Against A Financial Institution

Under Wisconsin Statute 943.90, any person who transmits or causes to be transmitted electrically, electromagnetically, or by light any signal, writing, image, sound, or data for the purpose of committing a financial crime is subject to penalties of a Class H Felony.

Criminal Defense Lawyer: Attorney Mike Rudolph

If you are under investigation for a crime, or if you have already been charged with a crime, please call (920-730-8533) the law offices of Attorney Mike Rudolph.