We have extensive experience defending clients on white collar crime charges. Thanks to that experience, we have a unique understanding of how the prosecution will build its case and how to fight back effectively. As former prosecutors, we have seen both sides of cases. We know the prosecutor’s playbook. We have experience handling complex white-collar matters and understand the complex documentation and legal theories involved in these types of cases.
To schedule a consultation and learn more about how we can help you ensure you get the very best defense, call (817) 203-2220.
What Are White Collar Crimes?
Let’s take a closer look at some of the more common white collar state crimes that you can be charged with.
Fraud is a broad umbrella term used to describe fraud crimes of deception or breach of confidence usually committed for some financial or personal gain. Fraud can encompass nearly 100 crimes, including identity theft, bad checks, making false reports to obtain credit or property, theft by fraud and making false reports to law enforcement. Fraud crimes are often known by many names and have overlapping elements. Some common crimes of fraudulent nature seen in the Dallas-Fort Worth area include:
Theft by fraud (Larceny)
Theft by fraud may happen one of two ways. First: by obtaining property by willful misrepresentation or false promise; and second, when an offender falsely impersonates or represents another person in order to defraud. Both offenses are punishable as larceny offenses based on the amount of money or value of property involved.
Making false statements to obtain property or credit
This includes mortgage fraud, insurance fraud, and credit card fraud. This fraud crimes category applies to anyone who makes a false statement, in writing, relating to his or her financial condition, assets or liabilities, or that of any firm or corporation with a fraudulent intent of obtaining credit, goods, money, or other property.
Obtaining property by false personation
This includes larceny, credit card fraud, and driver’s license fraud. Anyone who falsely personates or presents his or herself as another person to obtain property, commits the crime of larceny. Larceny is punishable as either a felony or misdemeanor offense, depending on the value or type of property taken.
Unlawful possession and use of the personal identification information of another person. (Identity Theft)
It is unlawful for a person to intentionally or knowingly possess, without authorization, the personal identification information of another person in any form.
Anyone who fraudulently uses, or possesses with the intent to fraudulently use, someone else’s personal identifying information and who does not have consent of the owner commits the crime of fraudulent use of personal identification information. Personal information may be telephone number, name, date of birth, driver’s license number, mother’s maiden name, social security number etc.
Bad or Hot checks
It is a criminal offense for any person, firm, or corporation to obtain any services, goods, or other things of value by means of a check, draft, or other written order knowing at the time of the issuance of such check that there are insufficient funds on deposit to cover the transaction.
A person may only be convicted of issuing a worthless check if he or she knew (when the check was written) that there were insufficient funds in the bank. However, intent to defraud or knowledge of insufficient funds is presumed if there were insufficient funds at the time the check was made, delivered, or drawn. This presumption must be rebutted by the defense.
Making False statements and reports to law enforcement
It is a criminal offense for a person to knowingly give to a law enforcement or police officer false information regarding the commission of a crime. This occurs if crime is reported that did not occur, or if the crime occurred but the reporter knowingly gave false information regarding the incident. The person must have known the information reported was false and must know that the person to whom the information is given is a law enforcement officer.
This white collar offense involves the act of obtaining funds from a federally-insured financial institution through improper means, including through the misapplication of bank funds.
Under 18 U.S.C. § 201, bribery is a criminal offense that involves offering, giving, soliciting, or receiving anything of value in exchange for an official act. An “official act” is defined as any decision or action by a public official in the course of their official duties.
Bribery can take many forms and can involve different types of officials, including government officials, judges, and employees of private companies. The crime of bribery is intended to prevent corruption and ensure that public officials act in the best interests of the public, rather than for personal gain.
Penalties for bribery can vary depending on the specific circumstances of the case. In general, individuals convicted of bribery can face significant fines and imprisonment. Additionally, bribery can result in the loss of professional licenses and damage to one’s reputation and career prospects.
Consumer fraud refers to any illegal activity that involves deceptive or unfair practices aimed at deceiving consumers for financial gain. Consumer fraud can take many forms, including false advertising, telemarketing scams, identity theft, and phishing schemes.
Consumer fraud laws are designed to protect consumers from these practices and to hold those who engage in fraudulent activities accountable for their actions. These laws make it a crime to conduct unfair or deceptive trade practices in consumer transactions.
Examples of consumer fraud include:
- False Advertising: This is when a business advertises a product or service in a misleading way to deceive consumers.
- Telemarketing Scams: These are fraudulent schemes that use phone calls to deceive consumers into giving money or personal information.
- Identity Theft: This is when someone steals another person’s personal information, such as their Social Security number, to commit fraud.
- Phishing Schemes: These are fraudulent emails or websites that are designed to look like legitimate ones to trick consumers into giving up their personal information.
Corporate fraud, also known as securities fraud, is a type of white-collar crime that involves illegal activities related to the sale or purchase of securities. This can include stocks, bonds, and other types of financial instruments.
Corporate fraud occurs when a corporate officer or director makes a material misrepresentation or distortion related to stock information, typically pertaining to the value of the stock. This can involve providing false or misleading information about the company’s financial performance or prospects to investors or other stakeholders.
In addition, corporate fraud can also involve the unlawful disclosure of confidential information related to a stock by an officer or director. This can occur when an insider, such as a corporate officer or director, provides privileged information about the company to individuals or entities outside of the company who then act on this information.
Corporate fraud is prohibited by a number of laws, including the federal securities laws found in 15 U.S.C. Chapters 2A-2D. These laws are designed to protect investors and promote transparency in the financial markets.
Penalties for corporate fraud can be severe, including fines, imprisonment, and civil liability for damages suffered by victims. Additionally, corporate officers and directors who engage in fraudulent activities may face sanctions from regulatory bodies such as the Securities and Exchange Commission (SEC).
Counterfeiting is a criminal offense that involves the creation of a fake document with the intent to deceive or defraud others. Counterfeiting is similar to forgery, which involves the creation of a fake signature or endorsement.
Counterfeiting can involve a wide range of documents, including contracts, identification cards, money, and legal certificates. In particular, counterfeit money is a serious offense that can have significant consequences for individuals and the economy as a whole.
The federal government has laws in place to address counterfeiting, including 18 U.S.C. § 471, which provides punishment for whoever, with intent to defraud, falsely makes, forges counterfeits, or alters any obligation or other security of the United States. This law applies to counterfeit currency, as well as other types of documents that are intended to deceive or defraud others.
18 U.S.C. § 873 is a federal law that prohibits individuals from using threats to extort money or something of value from others. Specifically, this law makes it illegal to demand or receive money or other valuables by threatening to inform against a violation of United States law, or by threatening not to inform against such a violation.
Similarly, 18 U.S.C. § 880 is a federal law that prohibits extortionate threats, which are defined as threats to injure a person or property, or to accuse someone of a crime, with the intent to extort money or other valuables.
Both of these laws are intended to prevent individuals from using threats and coercion to obtain money or other valuables from others. The penalties for violating these laws can include fines and imprisonment.
In addition to these federal laws, extortion is also prohibited under the Hobbs Act, which is a federal law that prohibits interference with interstate commerce through robbery, extortion, or threats of violence. The Hobbs Act provides criminal penalties for individuals who use extortionate means to obtain property from others, or who obstruct interstate commerce through extortion or threats of violence.
This white collar crime involves falsifying a document with the intent to defraud an individual, financial institution, the federal government, or a private corporation. This can include forgery of a signature as well as falsification or alteration of other information on a legal document or financial instrument.
Forgery is a criminal offense that involves the creation of a fake document or the alteration of an existing document with the intent to deceive or defraud others. Under 18 U.S.C. § 471, it is a federal offense to falsely make, forge, counterfeit, or alter any obligation or security of the United States, including currency, bonds, and other financial instruments.
Forgery can take many forms, including the creation of fake checks, the alteration of contracts, and the falsification of official documents. Forgery can have serious consequences for victims, including financial losses, damage to their reputation, and legal liabilities.
The penalties for forgery under 18 U.S.C. § 471 can be severe, including fines and imprisonment. In addition, individuals convicted of forgery may be required to pay restitution to their victims and may be subject to civil lawsuits.
15 U.S.C. § 78a, also known as the Securities Exchange Act of 1934, is a federal law that established the Securities and Exchange Commission (SEC) and formed the basis for regulating the American financial market. The law was enacted in response to the stock market crash of 1929, which led to the Great Depression, and aimed to prevent fraud and promote transparency in the financial markets.
The Securities Exchange Act of 1934 created a comprehensive regulatory framework for the securities industry. The law requires companies that issue securities to register with the SEC and disclose certain information about their operations, financial performance, and management. The law also establishes rules for the trading of securities on stock exchanges and other markets, including regulations related to insider trading and market manipulation.
One of the key provisions of the Securities Exchange Act of 1934 is the requirement that companies publicly disclose certain financial information on a regular basis. This includes quarterly and annual reports that provide detailed information about a company’s financial performance, including revenue, expenses, and profits.
The SEC, which was created by the Securities Exchange Act of 1934, is responsible for enforcing the law and regulating the securities industry. The SEC has broad powers to investigate and sanction companies and individuals that violate securities laws, including the power to bring civil and criminal charges.
Defending Against White Collar Criminal Charges
White collar crimes can often be complex and intricate. If you are facing white collar crime charges, you need an experienced and knowledgeable lawyer who will aggressively defend you.
You can count on us to thoroughly investigate your crime and look for evidence to support your best possible defense, including whether law enforcement had probably cause for any search, seizure or arrest.
To learn more about how we can help you achieve the best possible outcome, call (817) 203-2220 to schedule a free consultation.