Fraud Crime

Fraud Crimes in New Jersey

Understanding the Charges – and How Mark Bailey Can Help

In New Jersey, “fraud” is not just one crime – it’s a broad category of offenses that involve deception, false statements, or misrepresentation to obtain money, property, services, or some other benefit. Fraud charges can range from relatively small, local cases to large, multi-count indictable offenses with serious prison exposure.

New Jersey’s fraud-related laws appear throughout the criminal code, including:

Theft by deception – N.J.S.A. 2C:20-4
Forgery & uttering – N.J.S.A. 2C:21-1
Credit card fraud – N.J.S.A. 2C:21-6
Insurance fraud – N.J.S.A. 2C:21-4.6
Bad checks – N.J.S.A. 2C:21-5
Identity theft – N.J.S.A. 2C:21-17

Depending on the amount of money involved, the type of scheme, and your prior record, a fraud case can be charged as anything from a disorderly persons offense up to a second-degree crime, carrying years in state prison, huge fines, and a permanent felony record.

If you’re under investigation or have been charged with a fraud crime in New Jersey, you need experienced counsel who understands both the law and the financial details behind these cases.

How Attorney Mark Bailey Approaches Fraud Cases

Attorney Mark Bailey knows that fraud allegations often arise from complex transactions, business disputes, paperwork mistakes, or misunderstandings – not just from obvious “scams.” He takes a selective, hands-on approach, limiting his caseload so he can:

Carefully review bank records, contracts, emails, text messages, and accounting documents
Analyze the paper trail to see what really happened and who did what
Determine whether your actions truly meet the legal definition of fraud or theft by deception
Work with financial or forensic experts when appropriate
Explain all your options – negotiation, restitution-based resolutions, diversion, or trial

His goal is to protect your record, reduce your exposure, and challenge the State’s version of events whenever the proof is weak, incomplete, or misleading.

What Is “Fraud” Under New Jersey Law?

Fraud crimes in New Jersey usually involve some form of deception – a lie, omission, or trick – that the State claims was used to obtain money, property, or a benefit.

Common fraud-related charges include:

Theft by deception (N.J.S.A. 2C:20-4)
- Obtaining someone’s property by creating or reinforcing a false impression (about a fact, law, intention, or value).
Forgery & uttering (N.J.S.A. 2C:21-1)
- Making, altering, or using a writing that appears to be another’s act (checks, contracts, IDs, etc.) with intent to defraud.
Bad checks (N.J.S.A. 2C:21-5)
- Issuing a check knowing it will not be honored (insufficient funds, closed account).
Credit card fraud (N.J.S.A. 2C:21-6)
- Using, forging, or trafficking in credit cards without authorization.
Insurance fraud (N.J.S.A. 2C:21-4.6)
- Submitting false or misleading information in connection with an insurance claim or application.
Identity theft (N.J.S.A. 2C:21-17)
- Using or assuming another person’s identifying information for an unlawful purpose.

Each statute has specific elements the State must prove – including intent to defraud. Many defenses turn on whether the State can actually show that intent beyond a reasonable doubt.

Grading & Penalties for Fraud Crimes

Fraud offenses are usually graded based on loss amount, type of victim, and scope of the scheme. While details vary by statute, many economic crimes follow patterns similar to theft offenses:

Disorderly Persons Offense (up to $200 in loss)
- Up to 6 months in county jail
- Fines and restitution
Fourth-Degree Crime (typically $200–$500 or certain document offenses)
- Up to 18 months in state prison
- Fines (often up to $10,000)
Third-Degree Crime (often $500–$75,000 in loss)
- 3–5 years in state prison
- Fines up to $15,000 (higher for some fraud statutes)
Second-Degree Crime (often $75,000+ in loss, or certain serious schemes)
- 5–10 years in state prison
- Fines that can reach $150,000 or higher for specific statutes (e.g., insurance fraud, identity theft)

In addition to incarceration and fines, fraud convictions can lead to:

Restitution payments to alleged victims
Long terms of probation or parole
Loss or denial of professional licenses
Immigration consequences for non-citizens
Serious damage to reputation and employment prospects

Some statutes (for example, certain insurance fraud and identity theft provisions) carry enhanced penalties and mandatory periods of parole ineligibility.

Insurance Fraud & Healthcare Fraud

New Jersey has a specific Insurance Fraud Prevention Act and criminal statutes that target fraud against insurance companies, including auto, health, and workers’ compensation policies. Under N.J.S.A. 2C:21-4.6, it is a crime to knowingly make or cause to be made a false, incomplete, or misleading statement in an insurance claim or application.

Penalties can include:

Second- or third-degree charges, depending on circumstances
Heavy fines that may exceed typical theft fines
Restitution and civil penalties
Potential licensing consequences for professionals involved in the claim (doctors, chiropractors, contractors, etc.)

These cases are often document-heavy, and the defense may focus on ambiguities in forms, billing practices, and good-faith interpretations of complex rules.

Identity Theft & Computer-Related Fraud

Under N.J.S.A. 2C:21-17, New Jersey criminalizes a variety of identity theft behaviors, such as using someone else’s personal information to:

Obtain money, credit, or services
Avoid prosecution
Impersonate another person

Identity theft charges can be graded up to the second degree, particularly when the alleged loss is high or multiple victims are involved.

Related statutes address computer criminal activity and unauthorized access used to commit fraud (e.g., hacking into accounts to transfer funds or steal data). These cases often involve sophisticated digital evidence and forensic analysis.

Defenses and Strategies in Fraud Cases

Every fraud case is unique, but common defense themes include:

Lack of intent to defraud – Mistakes in paperwork, miscommunication, or negligent bookkeeping are not the same as deliberate fraud.
Good-faith business disputes – Many “fraud” allegations really arise from civil contract disagreements; the State still must prove a crime, not just a broken deal.
Insufficient or unreliable documentation – Questionable accounting, unclear records, or inconsistent witness statements.
Amount of loss – Challenging how the State calculates loss can significantly reduce the degree of the charge and potential sentence.
Identity / access issues – In cases involving online accounts, credit cards, or shared computers, proving who actually did what can be difficult.

Attorney Mark Bailey will dig into the evidence, consult with financial or digital experts where necessary, and look for vulnerabilities that can lead to:

Dismissals or significant downgrades
Restitution-based resolutions focused on repayment instead of prison
Entrance into diversion programs (like Pre-Trial Intervention) for eligible first-time offenders

Why You Shouldn’t Handle a Fraud Case Alone

Fraud investigations are often document-heavy, technical, and intimidating. Police and prosecutors may already have months of bank records, emails, and witness statements before you even learn you’re a target.

Trying to explain things on your own – especially to investigators or insurance company representatives – can seriously damage your defense.

Before you speak to anyone about the allegations, you should talk to a lawyer who can:

Protect you from self-incrimination
Communicate on your behalf with investigators or prosecutors
Evaluate whether cooperating, negotiating, or fighting at trial is in your best interest

The Law Office of Mark A. Bailey is dedicated to defending individuals accused of economic crimes, protecting their rights, and working to safeguard their future and reputation.

Contact Mark Bailey today for a confidential consultation to discuss your fraud case, your options, and the best strategy for moving forward.