Colorado Fraud DefenseFrom a single credit card charge to a federal healthcare investigation.
Fraud cases in Colorado cover an enormous range of conduct, from a credit card dispute that turned into a charge, to a federal healthcare fraud investigation involving an entire medical practice. A Denver fraud lawyer who has defended the full range knows that the right response depends entirely on which kind of case you have.
Every attorney at Stuart & Ward came up through the Colorado State Public Defender's Office. We defend a wide range of fraud charges in Colorado state and federal court: identity theft, credit card and check fraud, insurance fraud, mortgage fraud, healthcare fraud, tax fraud, mail and wire fraud, and complex commercial fraud. For executives, professionals, and corporations facing more sophisticated investigations, see also our Tier 1 ranked White Collar Crimes practice.
If you have been charged, contacted by investigators, or learned an investigation may be underway, the time to call is before responding to anything. Call (303) 832-8888.
The Range of Fraud Charges
Fraud charges in Colorado fall into three broad categories. Each involves different statutes, different investigating agencies, and different defense considerations.
Financial & Consumer Fraud
Credit card fraud, check fraud, bank fraud, insurance fraud, and identity theft. These charges arise from a wide range of conduct, from a single disputed transaction to long-running schemes involving multiple victims. Most are charged in state court, though larger cases can escalate to federal jurisdiction.
Government & Benefits Fraud
Healthcare fraud, Medicare and Medicaid fraud, tax fraud, mortgage fraud (particularly involving FHA or VA loans), and bankruptcy fraud. These cases typically involve federal agencies (HHS-OIG, IRS-CI, FBI) and proceed in federal court. Penalties include prison, substantial fines, exclusion from federal programs, and asset forfeiture.
Wire, Mail & Digital Fraud
Wire fraud and mail fraud are extraordinarily broad federal statutes used to charge any scheme that uses the phone, internet, or mail to communicate. Computer fraud, internet fraud, and email schemes are typically charged under these or related statutes. A single scheme can produce many separate counts.
Healthcare Fraud & Mortgage Fraud
Two specific types of fraud cases recur in our practice often enough to warrant their own approach. Both are typically federal, both involve unusually complex evidence, and both carry consequences beyond the criminal sentence itself.
Healthcare Fraud
Healthcare fraud charges in Colorado are usually filed in federal court, and the accused is often a medical professional: a doctor, pharmacist, nurse, or practice manager. The investigation and any conviction can affect medical licenses and DEA certifications independently of the criminal case. We have represented medical professionals at every stage of these cases, with attention to both the criminal exposure and the parallel licensing implications.
Mortgage Fraud
Mortgage fraud allegations often involve misreported income, appraisal fraud, unreported cash back at closing, or occupancy fraud. These cases are document-heavy and frequently turn on expert testimony about industry practice, valuation methodology, and disclosure standards. We work with the right experts where the case requires them and know the specific defense angles that recur in this category.
How a Denver Fraud Lawyer Builds a Defensethree angles, every fraud case.
Fraud prosecutions look uniform on paper and very different in practice. The defense almost always lives at one of three pressure points.
The Intent
Fraud requires specific intent to defraud. That element is rarely admitted; it is almost always inferred from circumstantial evidence about what the defendant knew, when, and what they did with the information. Effective defense attacks the inference, often by showing alternative explanations for the same conduct.
The Documents
Fraud cases are document cases. Bank records, transaction logs, billing records, communications, and contracts all have to be understood as deeply by the defense as by the prosecution. We retain forensic accountants and industry experts where the matter calls for them.
The Parallel Tracks
Many fraud cases involve civil suits, regulatory actions, or licensing proceedings running in parallel to the criminal matter. Decisions in one proceeding move outcomes in the others. Effective representation coordinates strategy across all open fronts.
The Consequences That Last
A fraud conviction reaches well beyond the courtroom. The downstream consequences often last longer than any prison or probation sentence, and are not always visible at the time a plea is being considered.
Professional Licensing
Medical, legal, financial, real estate, and insurance licenses are commonly suspended or revoked after a fraud conviction. Many licensing boards initiate their own proceedings independently of the criminal case, with different rules and different timelines.
Federal Program Exclusion
Convictions involving healthcare fraud, Medicaid or Medicare fraud, or government contracting fraud often trigger exclusion from federal programs. For medical professionals, exclusion from federal payor programs can end a practice entirely. Federal contractor debarment has similar effects in other industries.
Immigration & Banking
Fraud convictions are typically "crimes of moral turpitude" under federal immigration law, with significant consequences for non-citizens including possible deportation. Convictions also commonly affect banking relationships, credit, security clearances, and the ability to be bonded for certain employment.
Colorado Fraud FAQ
What is considered fraud in Colorado?
Fraud broadly covers any intentional deception or concealment used to obtain money, goods, services, or property. Colorado and federal law include many specific fraud statutes: identity theft, check fraud, credit card fraud, insurance fraud, mortgage fraud, healthcare fraud, tax fraud, bank fraud, mail fraud, wire fraud, and others. Each has its own elements, but all require proof of specific intent to defraud.
What is the difference between civil fraud and criminal fraud?
Civil fraud is a lawsuit brought by a person or company seeking money damages. Criminal fraud is a prosecution brought by the state or federal government seeking conviction, sentence, fines, and restitution. The same underlying conduct can sometimes produce both a civil case and a criminal case running in parallel, with different proof standards and different consequences.
Will my fraud case be in state or federal court?
It depends on the type of fraud and the agencies involved. Identity theft, check fraud, insurance fraud, and many credit card cases are typically charged in Colorado state court. Healthcare fraud, tax fraud, mortgage fraud, mail fraud, wire fraud, and large bank fraud cases are usually federal. Some cases are charged in both forums in parallel, with separate proceedings on separate tracks.
What are the penalties for a fraud conviction?
Penalties depend on the specific charge, the amount of loss, and whether the case is state or federal. Misdemeanor fraud convictions can carry jail, fines, and restitution. Felony fraud convictions can carry prison, substantial fines, restitution, asset forfeiture, and federal program exclusion. Collateral consequences for professional licensing, immigration status, and employment often outlast any direct sentence.
Can fraud charges be dismissed?
Yes. Fraud cases are dismissed or reduced for many reasons: insufficient evidence of intent to defraud, identification problems, mistakes in the allegedly fraudulent transactions, restitution and pre-trial diversion in eligible cases, problems with how the investigation was conducted, and constitutional defects in the evidence. Early defense involvement is often the difference between a dismissal and a conviction.
What happens to my professional license if I am charged with fraud?
Licensed professionals (medical, legal, financial, real estate, insurance, and others) typically have reporting obligations to their licensing boards when criminal charges are filed. Many licensing boards open their own separate investigations, which can run in parallel to the criminal case. The license proceeding has its own rules, its own evidence standard, and its own outcomes. Defending the criminal case without also planning for the licensing proceeding often produces worse outcomes in both.
Is identity theft considered fraud?
Yes. Identity theft is one of the most commonly charged fraud offenses in Colorado, prosecutable under both state and federal statutes. The conduct includes using another person's identifying information (name, social security number, account information, credit card data) to obtain money, services, or credit. Penalties scale with the dollar amount involved and the number of victims, and identity theft convictions carry significant immigration and credit consequences in addition to direct criminal penalties.
What is the statute of limitations on fraud charges in Colorado?
It varies by charge. Most Colorado felony fraud offenses have a three-year statute of limitations, with exceptions that extend the period for certain offenses or under certain conditions (for example, where the offense was concealed). Federal fraud statutes typically have a five-year limitations period, with longer periods for some specific offenses. The exact limitations period in a given case requires review of the specific charge and underlying facts.
“Fraud cases turn on intent, on documents, and on the proceedings nobody told you about. We work all three.”
Charged With Fraud? Call Today.
Initial consultations with Stuart & Ward are free and confidential. We defend fraud cases in Colorado state and federal court, from misdemeanor charges to complex multi-count federal indictments.