Bank does not have to file a complaint about fraud. It is not required.
Indictments are done by a grand jury, prosecuting attorney, or citation of a police officer based on the evidence that a crime has been committed.
The fraud is based on the law. The law does not say that there must be a complaint filed. People can file complaints but it still up to the state if it is prosecuted.
The law is Mortgage fraud can involve the
use of fraudulent means to obtain or secure a mortgage loan that is larger than your financial situation can honestly afford.
Mortgage fraud can also involve any use of false pretenses, misleading statements, or fraudulent transactions to improperly obtain money, assets, or items of value from a bank or lending institution
New York Penal Law Section 187.05 criminalizes mortgage fraud, making the offense a felony any time more than $1,000 in money is taken as part of a
fraud scheme and a
misdemeanor
if fraud schemes involve less than $1,000. Defendants can also be charged with other related offenses depending upon the kind of mortgage fraud they have been accused of participating in.
All that is needed is an indictment from the grand jury or the prosecutor can file that alleges a crime has been committed.
the bank does not have to file a complaint. All a complaint is one way to start the investigation.
victimless crimes exist and no complaint needs to be filed.
Criminal justice laws are created by the government to restrict unwanted behavior and actions.