Skip to main content

call now

  • About
  • lawyers
  • practices
  • Insights
  • Case Results
  • Locations
contact us

Copyright SJKP LLP Law Firm all rights reserved

AccessibilityCookie StatementDisclaimersLegal NoticePrivacy PolicyTerms & Conditions
BROCHURE DOWNLOAD

U.S.

New York
Washington, D.C.

Asia

Seoul
Busan
BROCHURE DOWNLOAD

© 2025 SJKP, LLP
All rights reserved. Attorney Advertising.
Prior results do not guarantee a similar outcome.

BROCHURE DOWNLOAD
Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone

  1. Home
  2. Fraud specialist | Defense Case Study Involving Alleged Loan Fraud

Case Results

Based on our recently accumulated litigation database, we provide customized solutions based on a thoroughly analyzed litigation database.

Fraud specialist | Defense Case Study Involving Alleged Loan Fraud



The following case study examines how our fraud specialist defended a high-level public official wrongfully accused of loan fraud in connection with a large-scale investigation involving more than one hundred individuals. 

 

This matter shows how an experienced fraud specialist can distinguish lawful financial conduct from alleged fraudulent schemes, particularly when lenders and brokers play a significant role in the transaction.

contents


1. Fraud specialist New York | Establishing the Factual and Legal Framework


Fraud specialist New York | Establishing the Factual and Legal Framework

 

To understand the core issues, our legal team reconstructed every step of the loan procurement process and evaluated whether any actionable misrepresentation occurred under New York law. 

 

The investigation ultimately confirmed that the client obtained a legitimate second tier financial loan while fully intending and being able to repay it.



Client’s Financial Ability and Intent to Repay


The defense emphasized that the client was a long serving public official with a stable income and strong repayment history. 

 

He had already repaid approximately half of the loan before an arrest occurred, a factor that significantly weakened any inference of fraudulent intent.
 

Under New York legal standards, fraud requires intentional deception aimed at securing property or money. 

 

Because the client never attempted to conceal his financial condition and consistently met his repayment obligations, the evidence aligned with lawful borrowing, not fraud.
 

This positioning allowed our fraud specialist to show the absence of scienter an essential component in any fraud prosecution.



Impact of Broker Involvement and Institutional Oversight Failures


The investigation revealed that the loan broker encouraged participation by advertising unusually favorable rates. 

 

However, the financial institution failed to conduct post-approval checks, such as verifying duplicative lending activity or assessing internal compliance obligations.
 

The defense demonstrated that these institutional oversights could not legally shift criminal responsibility onto borrowers who acted in good faith.
 

By spotlighting the lender’s inadequate review, the fraud specialist reframed the case as a regulatory failure rather than a borrower-driven deception.



2. Fraud specialist New York | Rebutting Accusations of Misrepresentation


The prosecution initially alleged that borrowers including the client provided misleading documentation. 

 

A forensic review, however, confirmed that no falsified statements or forged materials were submitted.

 

All application documents were verified as authentic, and no fabricated income statements, identification materials, or collateral records existed.


The defense showed that the client supplied accurate information and relied on the broker to facilitate an otherwise standard loan transaction.
 

Without any misrepresentation, statutory fraud elements could not be satisfied, a point repeatedly reinforced by the fraud specialist during pre-trial negotiations and evidentiary hearings.



Economic Context and Borrowers’ Good-Faith Participation


The fraud specialist defense argued that the case originated from the lender’s internal compliance deficiencies during a high volume loan program, rather than from borrower misconduct.

 

Many borrowers sought lower-interest refinancing products, often relying on brokers for guidance. 

 

The client’s intent was strictly financial relief for urgent medical expenses not personal enrichment or deception.
 

By situating the transaction within broader economic pressures, the fraud specialist presented the client as a responsible borrower caught in an overly expansive investigation.
 

The court acknowledged these contextual factors when assessing culpability and rejecting the allegations.



3. Fraud specialist New York | Outcome and Legal Significance


Fraud specialist New York | Outcome and Legal Significance

 

Ultimately, the court acquitted the client and the majority of co-defendants, finding that the evidence did not support any fraudulent intent or illegal loan acquisition.

 

The court ruled that:

 

Based on these findings, the court concluded that criminal liability was unwarranted. 

 

The outcome underscores how proper legal analysis, combined with a detailed factual record, enables a fraud specialist to dismantle unfounded allegations even in large-scale investigations.


Related lawyers

Tal Hirshberg attorney profile photo

Tal Hirshberg

Associate

New york

Contracts

Copyright

Corporate

Intellectual Property

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Related practices


Wire Fraud

Investment Fraud

Related case


Fraud Defense Attorney in Washington D.C. | False Lease Agreement Loan Fraud Case Resulting in a Suspended Sentence Loan Fraud Defense in Washington D.C. | Achieving a Suspended Sentence Through Strategic Appellate Advocacy

10 Dec, 2025


Older Posts

view list

Newer Posts

The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Related lawyers

Tal Hirshberg attorney profile photo

Tal Hirshberg

Associate

New york

Contracts

Copyright

Corporate

Intellectual Property

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Related practices


Wire Fraud

Investment Fraud

Related case


Fraud Defense Attorney in Washington D.C. | False Lease Agreement Loan Fraud Case Resulting in a Suspended Sentence Loan Fraud Defense in Washington D.C. | Achieving a Suspended Sentence Through Strategic Appellate Advocacy

contents

  • Elements of Stalking in New York | Successful in Proving Non Establishment of Stalking

  • Sentencing for Assault in New York | Defense Case Resulting in a Minimal Fine

  • Aggravated Robbery Defense Attorney in New York City Representing a Client Facing Injury Related Robbery Allegations

  • False Report Defense Result in Washington D.C. | Employee Accused of Fabricating an Assault Claim