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 Suspect | Legal Defense for a Fraud Suspect Accused of Loan Related Deception

Case Results

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

Fraud Suspect | Legal Defense for a Fraud Suspect Accused of Loan Related Deception



When individuals are wrongfully accused of fraud, the consequences can be severe ranging from financial penalties to imprisonment. 

In this case, a fraud suspect approached SJKP seeking clarification on fraud elements under New York law and guidance on how to defend against allegations tied to a business loan dispute. 

The fraud suspect had been operating a food manufacturing and distribution business with partners when temporary financial difficulties led them to borrow funds from a private lender. 

Although the borrowers had consistently repaid principal and interest, the lender later accused them of fraud, claiming they “never intended to repay the loan.”

Under New York fraud statutes, prosecutors must prove intentional deception at the moment the funds were obtained not simply a failure to repay at a later stage. 

This distinction is critical in cases involving a fraud suspect, as many disputes arise from business failure rather than unlawful conduct. 

SJKP recognized early that the essential question was whether the case involved civil non-payment or criminal fraudulent inducement. 

By applying precise legal analysis, SJKP successfully demonstrated that the fraud suspect lacked fraudulent intent, resulting in a complete acquittal.

contents


1. Fraud Suspect in New York | Case Background and Key Issues


A fraud suspect may be reported when a business loan goes unpaid, but unpaid debt alone is not fraud under New York law. 

Fraud requires proof of intentional deception at the time of borrowing. 

SJKP identified that the accusation centered on whether the borrowers knowingly made false representations to secure the loan.



Understanding the Business Context and Loan Structure


The borrowers later labeled as a fraud suspect presented business plans, supplier contracts, and operating records when obtaining the loan. 

These materials confirmed an active and functioning business. 

The fraud suspect also repaid interest and principal consistently for an extended period, undermining any allegation that they borrowed funds with no intention to repay.



Distinguishing Civil Debt Issues From Criminal Fraud


SJKP established that the dispute was civil in nature. 

A fraud suspectcan only be convicted if prosecutors prove deception occurred at the time of the loan. 

Because the lender had already recovered substantial amounts through repayments, SJKP argued that this was a business downturn not criminal deception.



2. Fraud Suspect in New York | Legal Standards and Fraud Elements


To determine whether a fraud suspect should face charges, New York law requires proof of six elements: deception, error, transaction, damage, causation, and intent. 

SJKP applied each element to the case to demonstrate why fraud could not be established.



Reviewing Fraud Requirements Based on Legal Precedent


New York courts require that a fraud suspect intentionally mislead the lender. 

SJKP referenced precedent establishing that inability to repay due to later events cannot be considered deception. 

The fraud suspect had both intent and capacity to repay at the time of borrowing, supported by business documentation and repayment history.



Applying the Six Fraud Elements to the Client’s Situation


SJKP demonstrated the following:


• No deception occurred at the time of the loan.
• The lender did not experience actual financial loss.
• Repayment history disproved the notion of fraudulent intent.

 

Based on these findings, the fraud suspectcould not be held criminally liable.



3. Fraud Suspect in New York | Defense Strategy and Evidence Submission


To support the fraud suspect, SJKP compiled business records showing financial activity, repayment patterns, and documentation from the time of borrowing. 

These materials demonstrated that the borrowers acted in good faith.



Proving Lack of Fraudulent Intent


The defense centered on proving that the fraud suspect had repayment ability and intent when the loan was made. 

Business plans, purchase orders, invoices, and tax filings confirmed legitimate operational needs for the borrowed funds. 

This evidence directly contradicted the lender’s claim that the borrowers acted with malicious intent.



Challenging Claims of Financial Loss


SJKP demonstrated that the lender had already recovered all principal and substantial interest payments. 

Therefore, the fraud suspect did not cause financial harm an essential elementin proving fraud. 

Without harm, the fraud allegation could not survive legal scrutiny.



4. Fraud Suspect in New York | Outcome and Acquittal


After reviewing the evidence and legal submissions, the court found no basis for criminal liability. 

The fraud suspect was acquitted on all charges due to the failure to establish deceptive inducement or financial harm.



Court’s Findings Supporting Acquittal


The court concluded:


• The fraud suspect had repayment intent at the time of borrowing.
• The lender suffered no actual financial loss.
• Business difficulties do not equate to criminal deception.

 

These findings confirmed the defense’s positionand secured a favorable outcome.



Importance of Legal Guidance for Fraud Suspects


Fraud cases often hinge on subtle distinctions in intent and financial conduct. 

Without experienced representation, a fraud suspect may face unnecessary criminal exposure. 

SJKP’s intervention prevented wrongful conviction and preserved the clients’ reputations.



5. Fraud Suspect in New York | Legal Support for Loan and Business-Related Allegations


Fraud Suspect in New York | Legal Support for Loan and Business-Related Allegations

 

Thanks to SJKP’s precise legal strategy and careful evidentiary analysis, the fraud suspect successfully avoided criminal liability. 

If you are facing similar allegations involving loan disputes, business transactions, or claims of deceptive conduct, SJKP provides structured defense, detailed investigation, and strong courtroom advocacy. 

Contact SJKP todayfor professional legal support.


Related lawyers

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Related practices


Criminal Evidence

21 Nov, 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

Donghoo Sohn attorney profile photo

Donghoo Sohn

Associate

New york

Corporate

Will & Trust

Immigration

Real Estate

Related practices


Criminal Evidence

contents

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

  • Personal Injury Attorney New York Defense of a Client Accused of Assault and Obstruction of Governmental Administration

  • Sentencing for Aggravated Robbery: How Our Defense Team Secured a Favorable Outcome in New York

  • Criminal Defense Law Firm in Washington D.C. | Successful Defense in a Corporate Embezzlement Allegation