Fraud Defense Attorney Massachusetts
Being Accused is Traumatic. We Understand.
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Fraud charges in Massachusetts include insurance fraud, credit card fraud, bad check charges, mortgage fraud, public assistance fraud, and gross fraud or cheat, each under its own statute and with its own penalties upon conviction. We defend people facing these charges in District and Superior Courts throughout Greater Boston and Eastern Massachusetts.
Over 30 Years Defending Fraud Charges in Massachusetts Courts
Fraud charges in Massachusetts reach from a single benefits form to a multi-property mortgage scheme, and the most serious carry up to 15 years in state prison upon conviction. We have defended people facing fraud charges for over 30 years throughout Greater Boston and Eastern Massachusetts, as part of our financial crimes practice.
Understanding Your Situation
A fraud accusation often arrives quietly: a letter from an insurer's investigator, a notice from a state agency, or a call asking you to come in and explain some paperwork. Sometimes the first notice is a letter saying a criminal complaint has been requested against you.
If you are reading this, you may be frightened, embarrassed, or worried that people now see you as dishonest. Many of the people we defend are good people who have had a really bad day, or who filled out a form under pressure and got something wrong.
Two things about Massachusetts law surprise many people. There is no single fraud statute, so the specific charge on your paperwork decides what must be proved and what the penalty can be. And a paperwork mistake is not a crime: every fraud charge requires proof of what you knew and what you intended.
Understanding Fraud Charges in Massachusetts
If you have received a target letter, an agency violation notice, an insurance investigator's request, or formal charges, the first thing to understand is that fraud in Massachusetts is a group of related crimes, each with its own statute, elements, and penalties.
Massachusetts charges fraud under several separate statutes, including insurance fraud, credit card fraud, bad check charges, mortgage fraud, public assistance fraud, and gross fraud or cheat. Each requires proof of knowledge and intent, and the maximum penalties upon conviction range from 1 year in jail to 15 years in state prison.
Insurance Fraud
Insurance fraud means presenting, or helping to prepare, a written claim document to an insurer that you know contains a false statement about something material to the claim, with intent to injure, defraud, or deceive the insurer. A separate provision covers motor vehicle, theft, and comprehensive policies, and it reaches applications as well as claims.
Both are felonies. Upon conviction, the penalty can include up to 5 years in state prison, a jail or house of correction sentence of 6 months to two and a half years if one is imposed, or a fine of up to $10,000. For motor vehicle insurance fraud, restitution is required, and a licensed appraiser or registered repair shop can also lose that license or registration for up to two years.
Credit Card Fraud
Credit card fraud is charged under two sections that split at $1,200. Using a stolen, forged, expired, or revoked card, or posing as the cardholder without consent, is a misdemeanor when the value is $1,200 or less, punishable by up to 1 year in the house of correction and a fine of up to $2,500. Above $1,200, it is a felony punishable by up to 5 years in state prison or two and a half years in the house of correction and a fine of up to $10,000, upon conviction.
The statutes presume a violation in two situations: possessing stolen cards issued in the names of four or more other people, or possessing four or more falsely embossed cards. Many other cases involve family members, partners, or coworkers, where the real question is whether the use was permitted at the time.
Bad Check Charges
Writing or passing a check with intent to defraud, knowing there are not enough funds or credit to cover it, is attempted larceny, and if money, property, or services are obtained it is larceny, with the same $1,200 felony line. We cover this charge in detail on our larceny by check page.
The statute says a bounced check is evidence of intent to defraud unless it is paid within two days of notice, but that part of the law has been held unconstitutional because it lowers the Commonwealth's burden of proof. The Commonwealth must prove knowledge and intent like any other element, and honest account errors and deposit timing problems are not crimes.
Mortgage Fraud
Mortgage fraud means intentionally making, using, or filing a statement in the residential mortgage lending process that you know is false or leaves out a material fact, intending that a lender, borrower, or other party rely on it. Knowingly receiving proceeds from such a closing is also covered. The loan must involve a 1 to 4 family home in Massachusetts.
Upon conviction, a single violation carries up to 5 years in state prison or up to two and a half years in the house of correction and a fine of up to $10,000 for an individual. A pattern, meaning violations involving 3 or more properties, carries up to 15 years in state prison and a fine of up to $50,000 for an individual. Where a business is convicted because of an employee's conduct, the court may consider the company's anti-fraud policies at sentencing.
Welfare and Public Assistance Fraud
Public assistance fraud means knowingly making a false statement, or knowingly failing to disclose a material fact you had a legal duty to report, that affects eligibility or the level of benefits. On its own, it is a misdemeanor punishable by a fine of $200 to $500 or up to 1 year in jail.
Prosecutors can also bring larceny charges based on the same benefits, and when the value alleged exceeds $1,200, larceny is a felony carrying up to 5 years in state prison upon conviction. These cases often turn on reporting rules that are genuinely confusing, and a mistake about what had to be reported is not a knowing false statement.
Gross Fraud or Cheat
Massachusetts also punishes gross fraud or cheat at common law, an old offense whose elements come from court decisions rather than a detailed statute. Upon conviction, the penalty can include up to 10 years in state prison, up to 2 years in jail, or a fine of up to $400.
Where the accusation is really that you obtained property through a knowing lie, it is often charged as larceny by false pretenses instead. In either case, the line between a business dispute and a crime is frequently the central question.
Identity Fraud
Identity fraud is a separate offense covering posing as another person, or obtaining their identifying information, without their express authorization. It is a misdemeanor punishable by up to two and a half years in the house of correction and a $5,000 fine, with mandatory restitution. We cover it in detail on our identity fraud page.
Potential Consequences Under Massachusetts Law
We know you are already worried about what could happen, particularly if the investigation has been going on for months or the alleged loss is large. The consequences depend on which statute is charged, the value involved, and whether the conduct is alleged to be a single act or a pattern.
Felony or misdemeanor: Insurance fraud, mortgage fraud, gross fraud, and credit card fraud over $1,200 are felonies. Credit card fraud of $1,200 or less and public assistance fraud standing alone are misdemeanors, and bad check cases follow the larceny line of $1,200.
Maximum penalties upon conviction: They range from 1 year in jail for the misdemeanor forms, to 5 years in state prison for most felony forms, 10 years for gross fraud, and 15 years for a pattern of mortgage fraud.
Restitution: Victims, whether an insurer, a bank, a state agency, or a person, have a legal right to ask that repayment be ordered as part of any disposition, and motor vehicle insurance fraud requires it. Offering to repay later does not undo a charge, so any repayment should be discussed with your lawyer first.
Resolution without a conviction: In the District Court, a continuance without a finding may be available. The case is continued on conditions and dismissed if those conditions are met, with no conviction entered.
Your record: A conviction can generally be sealed after 3 years for a misdemeanor and 7 years for a felony if other conditions are met, which we explain on our record sealing page.
Work and immigration: Because fraud involves dishonesty, a conviction can affect professional licenses and jobs that depend on trust. If you are not a U.S. citizen, even an admission to sufficient facts can carry immigration consequences, so that must be reviewed before any plea.
A charge is not a conviction. The Commonwealth must prove every element beyond a reasonable doubt, and fraud cases usually turn on what you knew, what you intended, and whether the statement mattered.
Possible Defenses Under Massachusetts Law
Right now this may feel hopeless, especially if you are facing a stack of documents with your name on them. Documents show what was said, but they do not show what you knew or intended, and those are what the Commonwealth has to prove.
No intent to defraud: Every fraud statute requires proof of intent or knowledge. A mistake, confusion about the rules, or good-faith reliance on information from someone else is not the same as intending to deceive.
No knowledge of falsity: Insurance, mortgage, and public assistance fraud all require proof that you knew the statement was false when it was made. If you believed it was accurate, that element fails.
Materiality: Insurance and mortgage fraud require that the false statement be material, meaning it concerned something that mattered to the claim or loan. A mistake about a minor detail is not enough.
Permission to use the card: Credit card charges require use without the cardholder's consent, or use of a card you knew was stolen, forged, expired, or revoked. Permission actually given by the cardholder is a defense, even if the relationship later soured.
Knowledge of insufficient funds: A bounced check alone does not prove fraud. For bad check charges, the Commonwealth must prove you knew the funds or credit were not there when you wrote the check, and that you intended to defraud.
Value: Where the felony line depends on value, as with credit card fraud and larceny, the Commonwealth must prove beyond a reasonable doubt that the amount exceeded $1,200. Valuation disputes can turn a felony into a misdemeanor.
A business dispute, not a crime: Many fraud accusations grow out of deals, contracts, or billing disagreements that went wrong. A broken deal is not a crime without proof of a knowing false statement and intent to defraud.
Unlawful searches and statements: Fraud investigations often rely on search warrants, subpoenas, and seized phones, computers, and records. Evidence gathered in violation of constitutional protections can be challenged and, in some cases, suppressed.
Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.
When a Fraud Case Starts Before Any Charge
Many fraud cases begin with an investigation rather than an arrest: an insurer's special investigations unit, an agency review of benefits, or a bank's fraud department. What you do in that stretch can shape everything that follows, and it is often where a lawyer can do the most good.
The Clerk Magistrate Hearing
When someone who has not been arrested is accused of a misdemeanor in the District Court, Massachusetts law gives that person the right to be heard, personally or through a lawyer, before a criminal complaint issues. For a felony, the hearing is required if the police request one and is otherwise up to the court. You should receive notice of how to be heard.
The question at the hearing is whether there is probable cause to believe you committed the offense. If there is not, the complaint should not issue and no criminal case begins. If you receive a notice of a hearing, speak with a lawyer before the date.
Investigators, Agencies, and Your Records
Investigators often suggest that a short conversation or a written explanation will clear things up. You do not have to answer their questions, and anything you say or write can become evidence. A lawyer can respond for you.
Leave your records alone. Massachusetts makes it a crime to alter, destroy, or conceal a record or document with the intent to impair its use in an official proceeding, so keep documents, devices, and accounts exactly as they are and let your lawyer handle what is preserved and produced.
If You've Just Been Charged with Fraud
If you have just received a target letter, an agency violation notice, an investigator's request, a notice of a clerk magistrate hearing, or formal charges, take a breath. Here is what matters most right now.
● Don't talk to investigators from any agency, insurer, or bank without a lawyer present, including a state benefits agency or an insurance company's special investigations unit
● Don't respond to violation letters or investigative subpoenas without consulting an attorney first, even if the deadline is short
● Don't discuss your case with anyone except your attorney, including coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter documents related to the alleged fraud, even if they look bad. Altering records to impair their use in a court proceeding is itself a crime
● Preserve all relevant records including emails, text messages, financial statements, application materials, contracts, and supporting documentation
● Write down everything you remember about the relevant transactions, conversations, and disclosures while the details are fresh
● Don't post anything about your case, the alleged victim, the investigation, or your finances on social media
● Contact an experienced Massachusetts fraud defense attorney as soon as possible, ideally before responding to any agency communication
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
● Don't talk to investigators from any agency, insurer, or bank without a lawyer present, including a state benefits agency or an insurance company's special investigations unit
● Don't respond to violation letters or investigative subpoenas without consulting an attorney first, even if the deadline is short
● Don't discuss your case with anyone except your attorney, including coworkers, family members, or anyone who might later be interviewed
● Don't destroy or alter documents related to the alleged fraud, even if they look bad. Altering records to impair their use in a court proceeding is itself a crime
● Preserve all relevant records including emails, text messages, financial statements, application materials, contracts, and supporting documentation
● Write down everything you remember about the relevant transactions, conversations, and disclosures while the details are fresh
● Don't post anything about your case, the alleged victim, the investigation, or your finances on social media
● Contact an experienced Massachusetts fraud defense attorney as soon as possible, ideally before responding to any agency communication
Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.
Acting early gives your lawyer time to respond before any complaint issues, protect helpful evidence, and prepare your defense. You do not have to go through this alone.
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He was more than just my lawyer. He was my guardian angel during a very scary and desperate time in my life. He walked with me every step of the way and looked out for my best interest at every twist and turn. He stayed available seven days a week and within moments of my reaching out to him. I will be indebted to him forever. I knew I was in safe hands even though my matter kept me in constant fear. He gave me the courage to keep pushing forward and spent countless hours cheerleading me through an unspeakable experience.
Diane
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He was extremely knowledgeable and knew his way around the Diversion Program and the Court. He gave us all the information and potential results upfront. He explained the entire process to us from start to finish and he mapped out a plan of action that resulted in a favorable outcome for my child. I would recommend Attorney Stone 100 percent. Thanks to him my child has no criminal record.
Lisa
"I knew Ernie was the real deal."
I knew the moment I spoke to Ernie on the phone he was the real deal. He made us feel at ease during a very stressful time and fought for us. We won our case because of his perseverance and professionalism. He’s just a really good person who’s in your corner fighting for you. Thanks Ernie you’re the best!!!!
Cheryl
"I can't say enough about Ernie and his team. "
They helped our family navigate a very delicate and complicated legal situation. We couldn't be more pleased with the outcome. And Ernie's down-to-earth demeanor helped us feel like we were being listened to and never being talked down to. I would highly recommend Ernie, as I am certain he would do his absolute best to achieve a best-case-scenario outcome for every single one of his clients.
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I would recommend them to anyone. From the first call I knew this was the right choice. Ernie kept my best interests in mind when representing me with results better than expected! I can’t thank them enough. Special shout-out to Joanne who is truly the nicest person. Their whole vibe was homely like family. Much love and appreciation to this group... even the 4 legged nugget running around their office.
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"I was in good hands..."
Before working with Ernie I was very unaware of how my future would be and felt alone in my case; that all changed once I had Ernie Stone as my lawyer. Very professional, very reassuring, very caring and helpful with any questions you may have. I can definitely say that there was always a smile on their faces and made me feel welcomed and well taken care of. I had no doubt in mind that I was in good hands and that I was going to be alright.
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What to Expect When You Call
We know this call is hard to make. You may feel embarrassed, worried about your career, or unsure of what to say. That is okay. You do not need to have the right words.
● We will listen to your story and answer your questions
● We will explain the specific fraud charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
● We will listen to your story and answer your questions
● We will explain the specific fraud charge and what the Commonwealth must prove
● We will discuss possible defense strategies and resolution options for your specific situation
● We will explain how an investigation might be addressed before formal charges issue
● We will explain our approach and how we can help you through this
● Everything you tell us is confidential
● There is no obligation to hire us
You do not need to have the answers. Just call, and we will take it from there. Phones answered 24/7 by a real person. Free, confidential consultation.
We'll Get You Through the Storm
Fraud charges demand experienced legal representation. We can help you through this storm.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
Call (978) 969-2890 for a free consultation.
Over 30 years of Massachusetts criminal defense experience. Serving Greater Boston and Eastern Massachusetts including Beverly, Salem, Lynn, Peabody, Gloucester, Newburyport, Lawrence, and Haverhill.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
