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Las Vegas Fraud Defense Lawyer

If you are facing fraud charges in Las Vegas, you need an experienced Las Vegas fraud defense lawyer who understands both Nevada state law and the federal court system. Fraud allegations carry severe penalties, from years in prison to devastating financial consequences, and a conviction creates a permanent record that affects your career, professional licenses, and immigration status. At De Castroverde Law Group, our criminal defense team handles every type of fraud case — from credit card fraud and identity theft to complex federal wire fraud and securities fraud investigations. Because we practice criminal defense and immigration law under one roof, we protect both your freedom and your future in the United States. Hablamos Español.

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Understanding Fraud Charges in Nevada

Fraud is broadly defined under Nevada law as obtaining something of value — money, property, services, or labor — through intentional deception. The foundational statute is NRS 205.380, which criminalizes obtaining money, property, or labor by false pretenses, representations, or promises. To secure a conviction, prosecutors must prove four elements beyond a reasonable doubt: (1) the defendant made a false representation of a material fact, (2) the defendant knew the representation was false, (3) the victim relied on the false representation, and (4) the victim suffered a loss as a result.

What separates fraud from other theft crimes is the element of deception. While theft involves taking property, fraud involves tricking someone into voluntarily giving up their property or money. This distinction matters because fraud charges often carry harsher penalties, especially when the scheme involves multiple victims, large dollar amounts, or crosses state lines into federal jurisdiction.

Nevada fraud charges can be prosecuted as misdemeanors or felonies depending on the amount involved and the specific statute violated. Under the value-based theft tiers in NRS 205.0835, fraud involving less than $1,200 is typically charged as a misdemeanor, while amounts of $1,200 or more trigger felony charges. However, certain fraud offenses — such as credit card fraud, forgery, and bribery — carry specific penalty classifications regardless of the dollar amount. In Las Vegas, the Clark County District Attorney’s office prosecutes state fraud cases, while the U.S. Attorney for the District of Nevada handles federal fraud matters.

Types of Fraud We Defend in Las Vegas

De Castroverde Law Group defends clients against the full spectrum of fraud charges in Nevada state court and federal court. Below are the fraud offenses we handle most frequently.

Credit card fraud under NRS 205.760 involves using, possessing, or trafficking in credit or debit cards with intent to defraud. This includes using a stolen card, creating counterfeit cards, making unauthorized charges on another person’s account, and card skimming operations. Credit card fraud is a Category D felony in Nevada, carrying 1 to 4 years in prison and fines up to $5,000. If the scheme involves multiple cards or victims, prosecutors may file separate charges for each transaction.

In Las Vegas, credit card fraud cases often arise in casino and hospitality settings, where large volumes of card transactions create opportunities for unauthorized use. Law enforcement uses surveillance footage, transaction records, and point-of-sale data to build these cases. A strong defense examines whether the accused actually had knowledge that the card was stolen or unauthorized, and whether the required intent to defraud can be proven beyond a reasonable doubt.

Nevada prosecutes identity theft under NRS 205.463, which makes it illegal to use another person’s personal identifying information — including Social Security numbers, driver’s license numbers, financial account numbers, or biometric data — to obtain credit, goods, services, or any other thing of value. Penalties depend on the total loss amount and follow Nevada’s value-based theft tiers. If you have been caught with a fake ID or charged with possessing false identification, the consequences escalate further. De Castroverde Law Group also handles identity theft cases on our dedicated identity theft defense page.

Wire fraud is a federal offense under 18 U.S.C. § 1343 that applies whenever a scheme to defraud uses interstate electronic communications — phone calls, emails, text messages, or internet transmissions. Because virtually every modern fraud involves electronic communication, federal prosecutors frequently use wire fraud charges to bring cases into federal court. Penalties include up to 20 years in federal prison and fines up to $250,000. If the fraud targets a financial institution or involves a federal disaster, the maximum sentence increases to 30 years with fines up to $1,000,000. Understanding whether wire fraud is a felony and how federal sentencing works is critical to building an effective defense.

Wire fraud is one of the most commonly charged federal offenses because of its broad reach. A single email or phone call used in connection with a fraudulent scheme can satisfy the wire element. Federal prosecutors in the District of Nevada regularly use wire fraud as the anchor charge in complex fraud indictments, often stacking multiple counts to increase sentencing exposure. Each wire communication can constitute a separate count, meaning a scheme involving dozens of emails could result in decades of potential prison time.

Mail fraud under 18 U.S.C. § 1341 criminalizes any scheme to defraud that uses the U.S. Postal Service or private carriers. Like wire fraud, mail fraud is a federal offense carrying up to 20 years in prison and fines up to $250,000. Federal prosecutors often pair mail fraud charges with wire fraud charges to maximize exposure. The U.S. Postal Inspection Service investigates these cases, and they can build cases over months or years before seeking an indictment.

Nevada criminalizes insurance fraud under NRS 686A.291, which covers filing false or fraudulent insurance claims, staging accidents, inflating damage estimates, and misrepresenting material facts on insurance applications. Insurance fraud investigations are often handled by the Nevada Attorney General’s office or special investigation units within insurance companies. Penalties depend on the value of the fraudulent claim and can range from misdemeanor charges for small-value claims to Category B felony charges for large-scale schemes.

Mortgage fraud involves making false statements or material omissions on mortgage loan applications. At the state level, this falls under NRS 205.372 and the general false pretenses statute NRS 205.380. At the federal level, 18 U.S.C. § 1014 criminalizes making false statements to federally insured financial institutions, carrying penalties of up to 30 years in prison. Las Vegas saw aggressive federal mortgage fraud prosecutions following the 2008 housing crisis, and the U.S. Attorney’s office continues to prioritize these cases. Mortgage fraud often triggers felony penalties based on the loan amounts involved.

Embezzlement under NRS 205.300 occurs when a person who has been entrusted with another’s money or property converts it to their own use. Unlike other forms of fraud, embezzlement requires a pre-existing relationship of trust — an employee misappropriating company funds, a fiduciary diverting client assets, or a public official misusing government resources. Penalties follow Nevada’s value-based theft tiers under NRS 205.0835. Many clients ask whether embezzlement is a felony — in Nevada, it becomes a felony when the amount exceeds $1,200.

Securities fraud involves deception in connection with the purchase or sale of securities — stocks, bonds, investment contracts, or commodities. Federal prosecution typically falls under Section 10(b) of the Securities Exchange Act (15 U.S.C. § 78j) and SEC Rule 10b-5. Common charges include insider trading, Ponzi schemes, pump-and-dump schemes, and investment advisor fraud. The SEC and FBI investigate securities fraud cases, and penalties can include up to 20 years in federal prison per count plus disgorgement of profits. Large-scale investment fraud may also trigger RICO charges, compounding potential sentences.

Healthcare fraud under 18 U.S.C. § 1347 criminalizes schemes to defraud any healthcare benefit program, including Medicare, Medicaid, and private insurers. Common allegations include billing for services not rendered, upcoding procedures, performing medically unnecessary procedures, and kickback schemes. Base penalties include up to 10 years in federal prison. If the fraud results in serious bodily injury, the maximum increases to 20 years, and if it causes death, the sentence can be life in prison. Nevada’s Medicaid Fraud Control Unit and the federal HHS Office of Inspector General investigate these cases.

Tax fraud encompasses both state and federal offenses. Federal tax evasion under 26 U.S.C. § 7201 carries up to 5 years in prison and fines up to $100,000 for individuals or $500,000 for corporations. At the state level, Nevada imposes penalties for fraudulent tax filings and failure to remit collected taxes. IRS Criminal Investigation handles federal cases, often building them over years before seeking charges. Tax fraud cases frequently overlap with money laundering charges when defendants attempt to conceal unreported income.

Forgery under NRS 205.090 involves making, altering, or possessing a forged instrument — checks, contracts, identification documents, or financial records — with intent to defraud. Forgery is a Category D felony in Nevada, carrying 1 to 4 years in prison and fines up to $5,000. Writing bad checks with intent to defraud is separately criminalized under NRS 205.130. If the bad check exceeds $650, it can be charged as a Category D felony.

Internet fraud and cyber fraud encompass a growing range of offenses, from online scams and phishing schemes to unauthorized computer access and cryptocurrency fraud. Nevada criminalizes computer fraud under NRS 205.4765, which covers unauthorized access to computers, networks, or data with intent to defraud. Federal prosecution often uses wire fraud statutes (18 U.S.C. § 1343) for internet-based schemes because online communications satisfy the interstate wire element. The FBI’s Internet Crime Complaint Center (IC3) and the Secret Service’s Electronic Crimes Task Force investigate these cases.

Nevada’s organized retail theft statute, NRS 205.08345, targets coordinated retail theft operations where the aggregate value of stolen merchandise reaches $1,200 or more. This is charged as a Category B felony, carrying 1 to 10 years in prison. Prosecutors use this statute against organized theft rings but sometimes apply it broadly to individuals accused of systematic shoplifting. Our theft crimes attorneys challenge the aggregation methods prosecutors use to reach the $1,200 felony threshold.

Bribery of a public officer under NRS 197.010 is a Category B felony in Nevada, carrying 1 to 6 years in prison and fines up to $5,000. The statute covers both offering and accepting bribes. Commercial bribery and kickback schemes may also trigger federal charges. For a detailed comparison of related charges, see our analysis of extortion vs. bribery.

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Nevada Fraud Penalties

Fraud penalties in Nevada depend on the specific offense and the value involved. Many fraud offenses follow the value-based theft tiers established by NRS 205.0835. Understanding felony classes and sentences is essential when evaluating your exposure.

Value-Based Fraud Penalties (NRS 205.0835):

Value of Fraud Classification Prison Sentence Maximum Fine
Under $1,200 Misdemeanor Up to 6 months jail $1,000
$1,200 – $4,999 Category C Felony 1 to 5 years $10,000
$5,000 – $24,999 Category C Felony 1 to 5 years $10,000
$25,000 – $99,999 Category B Felony 1 to 10 years $10,000
$100,000 or more Category B Felony 1 to 20 years $15,000


Specific Fraud Offense Penalties:

Offense Statute Classification Maximum Sentence
Credit Card Fraud NRS 205.760 Category D Felony 1–4 years, $5,000 fine
Identity Theft NRS 205.463 Varies by value See value table above
Forgery NRS 205.090 Category D Felony 1–4 years, $5,000 fine
Bribery (Public Officer) NRS 197.010 Category B Felony 1–6 years, $5,000 fine
Organized Retail Theft NRS 205.08345 Category B Felony 1–10 years
Wire Fraud 18 U.S.C. § 1343 Federal Felony Up to 20 years, $250,000 fine
Mail Fraud 18 U.S.C. § 1341 Federal Felony Up to 20 years, $250,000 fine
Healthcare Fraud 18 U.S.C. § 1347 Federal Felony Up to 10 years (20 if injury)
Tax Evasion 26 U.S.C. § 7201 Federal Felony Up to 5 years, $100,000 fine
Mortgage Fraud 18 U.S.C. § 1014 Federal Felony Up to 30 years

Federal vs. State Fraud Prosecution

Las Vegas is home to the U.S. District Court for the District of Nevada, and federal prosecutors actively pursue fraud cases here. Understanding whether your case will be prosecuted in state or federal court is critical because federal sentencing guidelines typically produce longer sentences with no parole.

Fraud cases become federal when they involve interstate commerce or communications (wire fraud, mail fraud), federal programs (Medicare, Medicaid, federal housing), federally insured financial institutions (bank fraud, mortgage fraud), securities regulated by the SEC, or tax obligations to the IRS. Cases involving multiple states or international elements almost always go federal.

The consequences of federal prosecution are significantly more severe. Federal sentencing guidelines calculate a base offense level and apply enhancements based on the loss amount, number of victims, use of sophisticated means, and the defendant’s role in the offense. Unlike Nevada state court, federal sentences do not include parole — defendants serve at least 85 percent of their sentence. Federal courts also impose supervised release following prison, during which any violation can result in additional incarceration.

Grand Jury Proceedings

Federal fraud cases typically begin with a grand jury investigation. The grand jury can issue subpoenas for documents and testimony, and targets of the investigation may not know they are under scrutiny until an indictment is returned. Having experienced defense counsel before an indictment gives your attorney the opportunity to present exculpatory evidence to prosecutors, negotiate a pre-indictment resolution, or prepare a comprehensive defense before charges are filed.

The Fraud Investigation Process

White collar fraud investigations differ significantly from other criminal cases. Law enforcement agencies — including the FBI, IRS Criminal Investigation, SEC, U.S. Postal Inspection Service, and Nevada Attorney General’s office — often investigate for months or years before making an arrest or seeking an indictment.

During this investigative phase, agencies conduct forensic accounting reviews of financial records, interview witnesses and co-conspirators, issue search warrants for documents and electronic devices, serve grand jury subpoenas, and analyze banking records and transaction histories. If you learn you are under investigation — through a target letter, search warrant, interview request, or subpoena — contact a fraud defense attorney immediately. Early intervention can significantly influence the outcome of your case.

Pre-indictment representation is one of the most valuable services a fraud defense attorney can provide. Before charges are filed, your attorney can communicate with investigators on your behalf, protect your Fifth Amendment rights during interviews, preserve exculpatory evidence, and in some cases persuade prosecutors to decline charges or reduce the scope of the indictment. Once an indictment is returned, the government has already committed significant resources to the prosecution, making early intervention far more effective than waiting for charges.

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Defense Strategies for Fraud Charges

Every fraud case has potential defenses. The specific strategy depends on the facts, but our Las Vegas fraud defense lawyers evaluate every avenue, including:

Lack of intent to defraud

Fraud requires proof of intentional deception. If you made an honest mistake, relied on bad advice, or had no intent to deceive, the prosecution cannot meet its burden. Mistakenly overstating income on a loan application, for example, is not fraud if done without intent to deceive.

Good faith belief

If you genuinely believed the representations you made were true, you did not commit fraud — even if those representations turned out to be inaccurate. This defense is common in securities and investment fraud cases.

Entrapment

If law enforcement induced you to commit a fraud you would not otherwise have committed, entrapment may be a viable defense. This arises in sting operations targeting corruption, insurance fraud, or internet fraud schemes.

Insufficient evidence

Fraud cases rely heavily on documentary evidence and financial records. If the prosecution cannot trace funds, prove knowledge of the scheme, or establish that you received proceeds, the case may fail.

Statute of limitations

Nevada imposes time limits on fraud prosecutions, and federal fraud statutes generally have a five-year limitations period. If the government waited too long to file charges, the case may be barred.

Constitutional challenges

If law enforcement obtained evidence through an unlawful search or seizure in violation of the Fourth Amendment, or obtained statements in violation of Miranda rights, that evidence may be suppressed.

A skilled defense attorney can also challenge forensic accounting methodologies, dispute loss calculations, and negotiate reduced charges. Learn more about getting charges dismissed in Nevada.

Restitution in Nevada Fraud Cases

Nevada law under NRS 176.033 requires courts to order restitution to victims of fraud as part of sentencing. Restitution is separate from fines and is intended to compensate victims for their actual losses. In fraud cases, restitution amounts can be substantial — covering the full value of money or property obtained through the fraudulent scheme.

Restitution impacts plea negotiations significantly. Prosecutors and judges view a defendant’s willingness to make victims whole as a factor in sentencing. In some cases, demonstrating an ability and willingness to pay restitution can influence whether a case resolves with probation rather than prison. De Castroverde Law Group negotiates restitution terms as part of every fraud defense strategy.

In federal fraud cases, the loss amount used to calculate restitution can be contested. The government often calculates intended loss rather than actual loss, which can inflate the restitution figure dramatically. Your defense attorney can challenge loss calculations, argue for reduced restitution based on returned funds or offsetting benefits, and negotiate structured payment plans that account for your actual financial capacity.

Collateral Consequences of a Fraud Conviction

Record sealing is particularly important in fraud cases because a fraud conviction on your public record makes it extremely difficult to obtain employment in finance, gaming, healthcare, or any position involving fiduciary responsibility. Once sealed, the conviction is no longer visible on standard background checks, and you can legally deny the conviction in most circumstances. Planning for record sealing eligibility should begin during the defense phase — the outcome of your case directly affects when and whether sealing is possible.

A fraud conviction creates lasting professional consequences. In Las Vegas, the gaming industry requires licensing through the Nevada Gaming Control Board, and a fraud conviction will almost certainly result in denial or revocation of a gaming license. Similarly, professionals in finance, real estate, healthcare, and law face disciplinary action from licensing boards. Nevada’s ban-the-box law (AB 319) prevents most employers from asking about criminal history on initial applications, but background checks later in the hiring process will reveal a fraud conviction.

For professionals holding federal licenses or certifications — such as securities broker-dealers, insurance agents, or healthcare providers — a fraud conviction can trigger automatic disbarment or debarment proceedings. In the financial services industry, FINRA bars individuals convicted of certain fraud offenses from associating with any member firm. These professional consequences often exceed the criminal penalties in their long-term impact on a defendant’s livelihood and career.

Fraud convictions are particularly dangerous for non-U.S. citizens. Most fraud offenses qualify as crimes involving moral turpitude (CIMT) under federal immigration law, which can trigger deportation, denial of visa applications, and bars to naturalization. Fraud convictions involving losses of $10,000 or more are classified as aggravated felonies under the Immigration and Nationality Act, making the consequences even more severe — including mandatory deportation with no possibility of relief. Because criminal charges affect non-U.S. citizens in ways that go beyond the criminal sentence, it is essential to work with a law firm that practices both criminal defense and immigration law. De Castroverde Law Group’s immigration lawyers work alongside our criminal defense team to protect your immigration status while defending against fraud charges.

Nevada allows certain fraud convictions to be sealed under NRS 179.245 after a waiting period that depends on the offense category. Category B felonies require a 5-year wait after case closure, Category C felonies require 5 years, Category D felonies require 5 years, and misdemeanor fraud requires a 1-year wait. Dismissed charges can be sealed immediately. Understanding which charges can be sealed is an important part of planning your defense strategy. De Castroverde Law Group can help you seal or expunge your record once you become eligible.

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