Defending Against Fraud Charges Under Ohio Law

What Constitutes Fraud in Ohio?

The Merriam-Webster Dictionary defines fraud as “deceit, trickery” and, specifically, “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.” The elements of fraud under state law are intentional deception, knowledge that the representation is false, reliance by the victim on the false representation, and harm or damages to the victim resulting from the deception. Fraud can be both a civil tort and a criminal wrong. In a criminal context, it usually takes specific forms and often results in charges being brought under both state and federal statutes. 

The following are some forms of fraud outlined in the Ohio Revised Code Chapter 2913 – Theft and Fraud:

• Credit card fraud (ORC § 2913.21): This type of fraud is when another party obtains a credit card through fraudulent means to purchase goods or services, uses a fake or stolen credit card, or uses someone else’s card without the cardholder’s permission. 
• Identity fraud: (ORC § 2913.49): This crime involves using the personal identifying information of another individual without that person’s consent, typically for financial gain. 
• Insurance fraud (ORC § 2913.47): Insurance fraud occurs when insurance companies are deceived to receive unlawful payouts. It may involve making false claims about damages, injuries, or theft.
• Forgery (ORC § 2913.31): Falsifying or altering documents to commit fraud constitutes forgery. Examples include falsifying business documents or signing another person’s name on a check. 
• Defrauding creditors (ORC § 2913.45): This offense involves intentionally deceiving creditors by hiding or disposing of assets to avoid paying debts. Concealing, transferring, or destroying property with the intent to prevent creditors from collecting what they are owed is defrauding creditors. 
• Medicaid fraud (ORC § 2913.40): Healthcare providers who knowingly make false or misleading statements associated with claims for reimbursement for goods or services under the Medicaid program are committing the crime of Medicaid fraud. For example, this may include billing for services or products not delivered, billing twice for the same product or service, dispensing generic drugs, and billing for name-brand drugs. 
• Trademark counterfeiting (ORC § 2913.34): This crime involves fraudulently representing goods or services under a counterfeit name, mark, logo, or other identifying information the defendant is not legally authorized to use. 

What Are the Criminal Penalties for Fraud in Ohio?

Penalties for fraud under state law can be harsh, particularly for defendants convicted of high-dollar schemes or fraud against vulnerable individuals, such as the elderly. Depending on the circumstances, fraud charges may be classified as misdemeanors or felonies. Due to the financial nature of most fraud cases, felony charges are more common. Penalties upon conviction of misdemeanor fraud offenses may include up to six months of jail time and fines of up to $1,000. A felony fraud conviction carries stiffer penalties. Depending on the severity of the crime, they may include incarceration for one to 10 years or longer and fines ranging from $2,500 to $20,000.

What Are Some Common Defenses Against Fraud Charges?

If you are facing fraud charges, it does not necessarily mean you will be convicted. The burden of proof is on the prosecution, and defenses can be raised against the charges, depending on the circumstances of your case. The following are common defenses in Ohio against allegations of fraud:

• Lack of intent: The prosecution must prove that you acted with intent to deceive or defraud to convict you of a fraud crime. If there was no intent, you cannot be convicted. For example, if you made an error in a financial transaction without the intention of deceiving anyone, this could serve as a valid defense. 
• Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you committed a fraudulent act. If the evidence presented is inconclusive or lacking, the defense can argue that there is insufficient evidence to convict. Challenging witness credibility, accuracy of expert testimony, or validity of financial records may play a role in this defense strategy.
• Mistaken identity: It is not uncommon for individuals to be wrongfully accused of fraud when their identities have been stolen or misused by someone else. It can be a strong defense to show that you were not the person who committed the fraudulent act. 
• Lack of knowledge: Fraud often involves complex transactions and financial arrangements. You may argue that you lacked the knowledge or understanding necessary to commit the crime. 
• Duress or coercion: It can be a valid defense if you were forced to participate in a fraudulent scheme under duress or coercion. 
• Entrapment: This occurs when law enforcement induces a person to commit a crime he or she would not otherwise have committed. Entrapment could be a viable defense if you can demonstrate that informants or government agents played an active role in persuading you to engage in fraudulent activity. 

How Important Is Legal Representation If You Are Facing Fraud Charges in Ohio?

If you have been charged with a fraud crime in Ohio, the sooner you speak with an experienced criminal defense attorney, the better. Fraud cases are often complex, involving extensive documentation, financial records, and witness testimony. Our seasoned white-collar crime lawyers can thoroughly examine the evidence, identify any weakness in the prosecution’s case against you, and develop a tailored defense strategy. We can challenge the prosecution’s evidence, negotiate plea bargains when appropriate, and present your case effectively in court.

At Watson Kuhlman, LLC, our goal is to secure a favorable outcome through negotiation or trial that allows our clients to move on with their lives as quickly as possible. Our legal team takes the time to explain your rights and options during every step of the process. Call us at 216-208-7858 for the skilled representation you need if you face fraud charges in Ohio.