Mr. Kuniansky has defended numerous bank fraud and mortgage fraud cases. Bank fraud can encompass virtually any scheme to defraud a bank through false representations. It often involves making false statements to secure a loan. It is a federal crime if the bank is a federal bank or insured by the FDIC. Mortgage fraud usually involves false representations made to a lender to obtain a mortgage. One of the more common schemes is for an individual to approach people with good credit ( straw buyers ) and pay them $5,000 or $10,000 to become an investor in a property. The straw buyer is led to believe that he is purchasing a property, but has no risk, because the individual will secure a tenant, and the rent will cover the mortgage payments. Usually, no tenant is obtained, or if obtained, the rent is insufficient to cover the mortgage. The property then goes into default within a few months. Oftentimes it is alleged that an appraiser artificially inflated the value of the property, so that a mortgage is obtained for more than the property is worth. These schemes are usually quickly uncovered because when the loan immediately goes into default, the lender reviews the loan to discover what went wrong. It doesn t take long before the FBI is involved. These cases are prosecuted federally either because the lender is federally insured, or as wire fraud or mail fraud. There are usually two defenses employed in these cases. The first is good faith . That is, I made the statements alleged, but at the time, I was acting in good faith as to their truthfulness. An alternative defense is that, I am not the one responsible for the false representations made, if indeed they were false.