What Should You Do if You’re Accused of Fraud in Las Vegas?
Being accused of a crime is terrifying. One minute, you’re going about your life, and the next, you’re facing a detective, an investigator, or even federal agents. When the accusation is fraud, it feels different. It’s not just a charge; it’s an attack on your character, your reputation, and your integrity. They’re calling you a liar, a cheater, a thief.
My name is Michael Gowdey, and for more than 30 years, I’ve been defending people right here in Las Vegas, Henderson, and North Las Vegas who have been accused of serious crimes, including all types of fraud. At my firm, The Law Offices of Michael I. Gowdey, Ltd., we’ve seen it all. We’ve seen how a simple misunderstanding can snowball into a federal investigation. We’ve seen how a moment of poor judgment can threaten to destroy a lifetime of hard work. And we’ve won multiple awards for one simple reason: we fight for our clients like their lives depend on it—because they do.
This isn’t just a job for me. It’s my calling. I believe every single person deserves a powerful, aggressive defense. The government has endless resources. They have teams of prosecutors and investigators working around the clock to build a case against you. You need someone in your corner who knows their playbook and isn’t afraid to challenge them at every turn.
Let’s talk about fraud charges in Nevada. We’re not going to use a bunch of confusing legal jargon. We’re going to talk about this like two people sitting down for a cup of coffee, so you understand exactly what you’re up against and how we can help.
Why is Credit Card Fraud Such a Big Deal in Las Vegas?
Las Vegas is the land of transactions. Millions of credit cards are swiped, tapped, and inserted here every single day. That constant flow of money makes it a prime target for credit card fraud investigations. But what a lot of people don’t realize is how easily an innocent person can get caught in the net.
Under Nevada law (NRS 205.690), you can be charged with credit card fraud for a lot more than just stealing someone’s physical card. You could be facing charges if you:
- Use a credit or debit card that you know is fake or expired.
- Use someone else’s card without their permission.
- Possess multiple credit cards belonging to other people without their consent.
- Even possessing the credit card numbers—not the physical cards—can be enough to get you charged.
The scary part is how broadly these laws can be applied. Maybe you used a family member’s card, and you thought you had permission, but a family dispute leads to an accusation. Maybe you were given a card by an employer to make purchases, and now they’re claiming you went over the limit. These situations happen all the time.
The Stats They Don’t Talk About
Everyone knows credit card fraud is common. But let’s look at some numbers that show the real picture. The Federal Trade Commission (FTC) is the main agency that tracks these complaints. In their latest data, Nevada consistently ranks in the top 5 states for fraud reports per capita. That means, for our population, we have one of the highest rates of fraud accusations in the entire country.
Here’s a statistic that might surprise you: while we hear a lot about massive data breaches, the Consumer Financial Protection Bureau (CFPB) reports that a significant number of fraud disputes involve what they call “family fraud” or “friendly fraud”—where the transaction is made by someone the victim knows. These are messy, personal situations that prosecutors can twist into a criminal case against you.
The Penalties are No Joke
In Nevada, credit card fraud is a Category D felony. What does that mean for you?
- Prison: 1 to 4 years in a Nevada state prison.
- Fines: Up to $5,000.
- Restitution: You’ll be ordered to pay back every penny of the alleged fraudulent charges.
A felony conviction is a life sentence of a different kind. It can stop you from getting a job, renting an apartment, getting a professional license, or even owning a firearm. It’s a stain that follows you forever. As a top-rated Las Vegas criminal defense attorney, my job is to prevent that from happening.
What Counts as Insurance Fraud in Nevada?
Insurance fraud is another area where we see good people make mistakes or get falsely accused. It’s not just about faking a car accident or burning down a building for a big payout, although those are serious crimes. Most insurance fraud cases are much more subtle.
Under Nevada law, you could be charged for:
Filing a false claim
Knowingly providing false or misleading information to an insurance company to get a benefit you’re not entitled to.
Staging an accident
Intentionally causing a car crash or faking a slip-and-fall.
Exaggerating an injury
Claiming an injury from an accident is worse than it really is to get a bigger settlement.
Application fraud
Lying on an insurance application to get a lower premium.
Think about it. After a car accident, you’re shaken up. Maybe you’re not sure about the exact timeline of your injuries. The insurance adjuster asks you a hundred questions. If they can find one inconsistency in your story, they can flag it as potential fraud. They are not on your side; their job is to save their company money.
The Hidden Numbers on Insurance Fraud
The Coalition Against Insurance Fraud is a non-profit alliance of insurers and government agencies. Their statistics are eye-opening. They estimate that insurance fraud costs Americans more than $308 billion a year. Because of that staggering number, insurance companies have invested heavily in sophisticated software and teams of investigators (called Special Investigation Units or SIUs) to hunt for fraud.
Here’s the lesser-known fact: a study published by the National Institutes of Health (NIH) on healthcare fraud found that many fraud allegations against individuals are not part of a big criminal ring. Instead, they often arise from confusion about complex billing codes, disputes over what is “medically necessary,” or pressure from providers. You might think you’re just following a doctor’s orders, but the insurance company sees it as a fraudulent claim.
The Consequences Can End Your Career
Insurance fraud is typically a Category D felony in Nevada, carrying the same 1-4 years in prison and fines as credit card fraud. However, if the amount of the fraud is very high, or if you’re a professional (like a doctor or a contractor), the penalties can be much worse, and you could even face federal charges. A conviction will almost certainly lead to the loss of any professional license you hold.
How Can a Simple Mistake Lead to a Wire Fraud Charge?
This is the big one. Wire fraud is the government’s superweapon. Because it’s a federal crime, it means you’re not just up against the state of Nevada; you’re facing the full power of the United States government, including agencies like the FBI and the Department of Justice (DOJ).
The federal wire fraud statute (18 U.S.C. § 1343) is incredibly broad. To convict you, a prosecutor only needs to prove two things:
You had a "scheme to defraud"
This means you had a plan to obtain money or property through false or fraudulent pretenses.
You used "interstate wires"
This is the part that trips everyone up. An “interstate wire” can be an email, a text message, a phone call, a bank transfer, or even using a website like Zelle or Venmo.
Think about that. Almost every financial transaction we make today uses the internet or phone lines. This means that almost any state fraud allegation can potentially be turned into a much more serious federal wire fraud case. Did you send an email about a business deal that later went bad? That’s a wire communication. Did you text someone about a payment? That’s a wire communication.
The Shocking Reach of Wire Fraud
The government doesn’t just use this for master criminals. Let’s look at the data. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University tracks federal prosecutions. Their data consistently shows that wire fraud is one of the most frequently prosecuted federal white-collar crimes.
But here’s the stat very few people talk about: The United States Sentencing Commission (USSC) provides detailed data on federal crimes. In their most recent report, they revealed that in fraud cases, the “sophistication” of the crime is a major factor in sentencing. What does that mean? Using something as simple as encrypted messaging apps (like Signal or WhatsApp) or creating a website can be used by the prosecutor to argue for a much longer prison sentence, even if the underlying financial loss was small. They will paint you as a master manipulator for using everyday technology.
The Penalties are Life-Altering
A wire fraud conviction is devastating. The penalties are staggering:
Prison
Up to 20 years in federal prison for each count. If the fraud involves a presidentially declared disaster or affects a financial institution, it can be up to 30 years.
Fines
Up to $250,000 for individuals.
Asset Forfeiture
The government can seize your property, your bank accounts, your car, and even your home if they believe they were obtained with the proceeds of the alleged fraud.
When you’re facing a federal charge, you are in a completely different league. You need a defense attorney who has experience in federal court and isn’t intimidated by a U.S. Attorney. It is a different world with different rules.
How Can You Defend Against Fraud Allegations?
When a client walks into my office after being accused of fraud, they feel hopeless. They think it’s their word against the government’s, and they can’t possibly win. That’s where they’re wrong. An accusation is not a conviction.
For over 30 years, my firm has built award-winning defenses by being more prepared, more aggressive, and more creative than the prosecution. Here are some of the ways we fight fraud charges:
Lack of Intent
This is the cornerstone of most fraud defenses. The prosecutor has to prove, beyond a reasonable doubt, that you intended to defraud someone. They have to get inside your head. Was it a genuine mistake? Was it a misunderstanding? Were you just negligent or bad at business? Being bad at your job isn’t a crime. We work to show that there was no criminal intent, just a situation that has been misinterpreted.
No Actual Fraud Occurred
Sometimes, the “victim” didn’t actually lose any money. Or maybe what they’re calling “fraud” was actually a legitimate business dispute or a breach of contract. We meticulously go through financial records and communications to show that no crime was actually committed.
Entrapment
This happens more than you’d think. It’s when law enforcement officers or informants induce a person to commit a crime that they otherwise would not have committed. If we can show you were pressured or coerced into your actions by the government, we can have the case dismissed.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches. Did the police or federal agents have a valid warrant to search your home, your phone, or your computer? If they obtained evidence illegally, we will file a motion to suppress it, which can cripple the prosecution’s case.
Building a powerful defense takes experience. It takes knowing the prosecutors, the judges, and the local court procedures in Las Vegas, Henderson, and North Las Vegas. It takes having the resources to bring in our own forensic accountants and investigators to challenge the government’s evidence.
Why Choose The Law Offices of Michael I. Gowdey?
When your freedom, your reputation, and your entire future are on the line, you can’t afford to take a chance. You need a lawyer who has been in the trenches, who has a proven track record of success, and who will treat you with the respect and dignity you deserve.
For over three decades, I have dedicated my life to defending the accused. We are a highly-rated, award-winning firm because we are relentless. We don’t back down. We explore every angle, challenge every piece of evidence, and prepare every case as if it’s going to trial.
When you hire my firm, you’re not just getting a lawyer; you’re getting a dedicated team and a trusted advisor who will be with you every step of the way. We understand what you’re going through. We know you’re scared and confused. Our first job is to listen.
If you or a loved one has been arrested or is under investigation for credit card, insurance, or wire fraud in Las Vegas, Henderson, or North Las Vegas, do not wait. Do not talk to the police or investigators. The most important call you can make is to your defense attorney.
Contact us today for a confidential consultation. Let’s sit down, review the facts of your case, and start building the powerful defense you need to protect your future.
FAQS
Top 10 Questions Asked to fraud defense attorney in Las-Vegas.
The ten of the most common questions and answers for a fraud defense attorney in Las-Vegas.
1. What should I do if a detective contacts me about a fraud investigation?
Answer: Do not talk to them. Politely decline to answer any questions and state that you will be retaining an attorney. Anything you say can and will be used against you, even if you are innocent. The single most important step you can take is to call an experienced fraud defense lawyer immediately.
2. What's the difference between a state fraud charge and a federal one?
Answer: State fraud charges, like most credit card or insurance fraud cases, are prosecuted by the Clark County District Attorney. Federal charges, like wire fraud, are handled by the U.S. Attorney’s Office and involve agencies like the FBI. Federal cases have different rules, much harsher sentencing guidelines, and require an attorney with specific experience in federal court.
3. I didn't intend to defraud anyone. Can I still be convicted?
Answer: Lack of intent is the cornerstone of most fraud defenses. To convict you, the prosecutor must prove beyond a reasonable doubt that you knowingly and willfully intended to deceive someone for financial gain. A misunderstanding, a simple mistake, or being bad at business is not a crime. Proving you had no criminal intent is a key strategy we use to fight these charges.
4. How can I be charged with fraud if nobody actually lost any money?
Answer: It is possible. Many fraud statutes focus on the attempt or the scheme to defraud, not the result. For example, under federal wire fraud law, the prosecutor only needs to prove you had a plan to defraud and used an interstate wire (like an email or text) to further that plan. Whether the intended victim fell for it or lost money is not always a required element of the crime itself, though it heavily influences sentencing.
5. My business partner is accusing me of fraud. Is this a criminal or civil matter?
Answer: It can be both. A business dispute over money is typically a civil matter, handled with a lawsuit for breach of contract. However, if your partner alleges you intentionally used deception, false statements, or misrepresentation to take money from the business, the police can open a criminal investigation. It is crucial to have a defense attorney protect your rights, as these situations can quickly escalate from a civil dispute to a felony criminal case.
6. The police seized my phone and computer. Can I get them back?
Answer: Eventually, but it will take time. Law enforcement needs a valid search warrant to seize your property. As your attorneys, we will first challenge the legality of the search itself. If the search was illegal, any evidence found may be suppressed. If the search was legal, the police can hold your devices for a “reasonable” amount of time to conduct a forensic analysis. Getting your property returned often requires filing a formal motion with the court.
7. What is restitution and how is it different from a fine?
Answer: A fine is a monetary penalty paid to the state as punishment for the crime. Restitution is money you are ordered to pay directly to the victim to compensate them for their actual financial losses. In Nevada, restitution is mandatory upon a conviction for any fraud-related offense. Even if you avoid prison time, you will be on the hook for paying back every dollar the court determines was lost due to the alleged fraud.
8. I was just trying to help a friend by letting them use my bank account. Now I'm charged with wire fraud. How?
Answer: This is a common way people get caught up in larger schemes. If you knowingly allow your bank account to be used to transfer money obtained through fraud, you can be charged as a participant in the conspiracy. The government will argue that you were a “money mule” who intentionally helped launder the proceeds of a crime, even if you didn’t mastermind the original fraud.
9. Can a fraud charge in Las Vegas affect my gaming license or other professional licenses?
Answer: Absolutely. Fraud is considered a “crime of moral turpitude,” which is a serious ethics violation for any licensed professional. A conviction is almost certain to result in the suspension or permanent revocation of a gaming license, real estate license, contractor’s license, or any other professional certification you hold.
10. Is it possible to get a fraud charge reduced or dismissed?
Answer: Yes. An accusation is not a conviction. As your defense team, we will meticulously review the evidence for weaknesses, constitutional violations (like an illegal search), and proof of your lack of criminal intent. Our first goal is always to get the case dismissed entirely. If that is not possible, we will negotiate with the prosecutor from a position of strength to have the charges significantly reduced, potentially from a felony to a misdemeanor, to protect your record and your future.