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Monmouth County Fraud Defense Attorney

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Fraud cases in New Jersey often begin with financial investigations that have been building for months before those charged even know they’re under suspicion. By the time charges are filed, prosecutors typically believe they have a paper trail—but financial records rarely tell the whole truth about someone’s intentions or actions.

These cases can stem from business disputes, accounting errors, misunderstandings about agreements, or situations where multiple people had access to the same accounts or systems. What prosecutors see as deliberate deception might actually be poor record-keeping, miscommunication, or someone else’s actions entirely.

Attorney Kristen Epifania has defended clients against fraud allegations for nearly a decade, from credit card fraud and identity theft to complex white-collar schemes. She understands that fraud cases are built on the prosecution’s interpretation of documents and transactions, and she knows how to challenge those interpretations when they don’t match reality. Contact us today for a free consultation.

N.J.S.A. 2C:21-6 Credit Card Fraud

Whether you’re accused of using someone else’s credit card without permission, making false statements to get a credit card, or creating counterfeit cards, the state must prove each element for the specific charge beyond a reasonable doubt—typically that you knowingly used or obtained the card without authorization or made knowing false statements, and for some offenses, that you acted with intent to defraud.

The New Jersey Statute N.J.S.A. 2C:21-6 covers a broad range of activities related to credit card fraud, including fraudulent use, theft, forgery, and more. Credit card fraud penalties depend on the degree of the offense and will fall under either a third or fourth degree classification..

N.J.S.A. 2C:21-4.6 Insurance Fraud

Under N.J.S.A. 2C:21-4.6, it’s illegal to knowingly make false or misleading statements on an insurance claim with the intent to defraud the insurer.

Insurance fraud can involve health insurance, auto insurance, life insurance, homeowners insurance, or any other type of policy. These could include exaggerating claims, falsifying documents, or staging accidents. However, not all accusations of insurance fraud are accurate. Misunderstandings and mistakes in paperwork can lead to false allegations.

N.J.S.A. 2C:21-4 Falsifying or Tampering with Records

This law makes it a crime to falsify, destroy, remove, or conceal a writing or record, or to issue a false writing or record, with the purpose to deceive or injure or to conceal wrongdoing.

Penalties:

Fourth Degree: maximum sentence is 18 months in prison and fines up to $10,000
Third Degree: punishable by 3 to 5 years in prison and fines up to $15,000.

Common Fraud Defenses

Every fraud case is unique, but there are several defenses that can be used to fight these charges:

Lack of Intent: To secure a conviction for fraud, the prosecution must prove that you intentionally acted to deceive. If you can show that a misrepresentation was accidental or due to a misunderstanding, you may be able to avoid a conviction.
Insufficient Evidence: The prosecution must prove every aspect of the crime beyond a reasonable doubt. If they cannot meet this standard, the charges against you could be dismissed.
Duress: If there’s evidence you acted due to unlawful threats that a reasonable person couldn’t resist, and that the alleged crime is related to the threats, you may want to consider presenting duress as an affirmative defense. The viability of this type of defense will be case-specific, which is why it is critical to fully discuss the details of your circumstances with your attorney.

Contact Us for a Free Consultation

New Jersey fraud defense attorney Kristen Epifania knows that being charged with a crime is not the same as being convicted. You have rights, including the right to defend yourself in court.

Whether you’re facing charges related to credit card fraud, insurance fraud, falsifying records, or other fraud-related offenses, we can help. We will review your case, identify potential defenses, and work tirelessly to protect your rights and reputation. Don’t face these charges alone. Contact us today for a free consultation.

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When our family faced a legal matter, we were fortunate to have Attorney Kristen Epifania by our side. We called a few different lawyers and from our very first call, Kristen put us at ease with her calm, professional demeanor and deep expertise. What impressed us most was Kristen’s prompt communication throughout the entire process. She was always responsive to our emails and calls, keeping us updated on developments. Kristen took the time to clearly explain the legal procedures, timelines, and our options in a way that was easy for us to understand. While dealing with a stressful situation, Kristen’s empathy and caring attitude gave us reassurance. She listened attentively to our concerns and advocated strongly for the best interests of our family. Her focus to detail was outstanding, thoroughly preparing us for each step. We give Kristen our highest recommendation for anyone in need of a top law attorney in the NJ area.

Exceptional legal representation! I had the privilege of working with Kristen Epifania, and it was a truly positive experience. After speaking with several attorneys, I was referred to Ms. Epifania. From our first interaction, I was impressed by her professionalism and kindness. Her approach instilled confidence in me, and I knew she would advocate for me effectively. Trust is crucial when working with an attorney, and I felt completely at ease knowing I was in good hands.

Kristen represented my case and as a first timer, I had no idea what to do / the procedure were. All I knew was thinking my life was over with misdemeanor charges. After speaking with Kristen and hearing back from her with a plea barging, I knew this was going in the right path. All up into the court date, Kristen reached out to me numerous time, checking up and following up with me on my case. She was very caring and that really help me throughout the case. I cannot Thank her enough for the outcome of the case, as I am truly pleased with the result.

Some attorneys are talkers, others are listeners. Kristen listened to me and heard my concerns and when she presented me with my options I felt her focus on my needs, not just scoring points. She was always responsive to my calls and texts and assuaged my fears, calming me and making me feel she understood my concerns. She was always present throughout the many appearances in the nerve-wracking months leading up to my resolution and when she represented me in court she demonstrated the same caring, calm and focus. I felt I was in good hands with Kristen. When my resolution was reached I felt a mountain had been lifted from my shoulders. I highly recommend Kristen for her caring, calm professionalism to navigate you through the legal system.

Kristen assisted me in very serious felony charges which she updated and communicated with me weekly and always had constant updated to keep me at ease with the whole situation. 9 Months later dealing with the court system she was able to plead my case down to a violation which was the ultimate best she could’ve done. I hope to never find myself in any future legal issues but If I do I’ll be calling Kristen. I highly recommend her very personable and does 100% to help you out. Kristen once again thank you for all you did for me greatly appreciated.

After an extensive search for criminal defense attorneys, I sought consultation on sealing a criminal record in New York with Kristen and because the state only recently enacted an expansive criminal conviction sealing law, I did not know what to expect. Kristen worked with me on my case and provided thorough, professional and diligent ground work, communicating every step of the way to achieve successful results. She was knowledgeable, sympathetic and made me feel confident that I was in good hands through the entire process. I highly recommend Kristen to anyone seeking an attorney who works in your best interest to achieve desired results!

Kristen provided me with peace of mind and confidence in her work with: * Attention to detail * Clear & timely communication * Following up She is definitely a shinning star in her field and I would recommed her to anyone who would need her expertise. She is an absoultely excellent professional to work with. Thank you Kristen!

Thank you so much Kristen for being so helpful with my case, I was confident of the great job you will do, you always there to take my calls whenever I had any concerns and I can only thank God and you for giving me victory in the case. I sure would recommend you to anyone. The world needs selfless attorneys like you. Again, I say thank you.