Palm Beach White Collar Crime Lawyer
Crimes with Financial Motivation
It is a common misconception that criminal allegations that are non-violent in nature will be sentenced with a less harsh set of penalties. In some cases, this is categorically untrue and white collar crimes are the perfect example. Many types of non-violent crimes are classified within the white collar category, including fraud, embezzlement, and conspiracy. In general, white collar crimes are those that with financial motivations that are committed with the intent to increase an individual's monetary gain through illegal means. Any number of criminal offenses could be identified as a white collar crime, tax evasion and mortgage fraud being just a few.
Corporate crimes most often fit the description of white collar classification, as these are actions that frequently involve money and intricate, pre-planned scenarios. The nature of white collar crimes sets offenders of these allegations up for a combination of penalties. Included in the consequences inflicted on persons convicted of a white collar offense are imprisonment, fines, community service hours, possible probation, restitution, and disgorgement. Other alternatives may be available to certain individuals depending on the nature of their criminal accusations.
Types of White Collar Crimes
This is the crime of withholding assets from their rightful owner. This often takes place in businesses when financial advisors or lawyers commit fraud by withholding their client's money. Embezzlement involves premeditation and methodical efforts over a period of time in order to conceal the illegal activities from the victim, and these crimes can also include elements of conversion, fraud, property and lawful possession. The penalties will vary from case to case.
Conspiracy charges entail the intent and the planning behind financially-motivated crimes. Even if the crime was not committed, a person could be found guilty of conspiracy if they have joined forces with other to facilitate the commission of a crime, or have agreed to aid another person in their criminal efforts. There are several types of conspiracy for which an individual may incur criminal charges.
Fraud is one of the most common white collar crimes committed in our country. Simply defined, fraud is the intentional deception of another party for the purpose of financial gain. There are countless types of fraud that take place today, including insurance fraud, tax fraud, forgery, online frauds, bank fraud, etc. The penalties for a fraud conviction will vary, but typically include substantial fines that reflect the amount of lost damages that resulted from the fraudulent acts.
Omitting income or assets on a tax return purposefully to deceive the IRS is called tax evasion or tax fraud. Taxpayers are supposed to inform state and federal government officials of their taxable liability, profits, gains, incomes, deductions, etc. every year, and when these numbers are false or contorted, an individual can be accused of tax fraud. If your taxes were reported incorrectly, you may be under federal investigation and may be accused of this serious white collar crime.
RICO stands for the Racketeer Influenced and Corrupt Organizations Act, enacted in 1970 to combat organized crime, specifically racketeering. RICO extends criminal penalties and a civil cause of action for acts that are performed as part of an ongoing criminal organization. For example, those who are the leaders of syndicates and order others to commit crimes can now be tried for these crimes even though they did not actually do it. Penalties under the law for RICO charges can extend up to 20 years in prison.
This is a specific type of fraud that is committed in relation to mortgage (home) loans. Essentially, any action that is made with the intent to misrepresent or deliberately omit information on a mortage loan application for the purpose of obtaining a larger loan than would have been permitted, can be classified as mortgage fraud. Mortgage fraud will be prosecuted in the same manner as other types of fraud, and penalties can include up to 30 years in prison.
Parks & Braxton, PA: Fighting for You!
The longer you wait to contact an attorney about your case, the more difficult it will be to defend the allegations made against you. White collar offenses have notoriously been known to be some of the most complex of all criminal offenses. This is partly due to the complexity required to carry out behaviors of this nature. If your involvement with a corporate transaction led to an arrest and criminal accusations for a white collar crime, then you need to take action now to make the situation right.
At Parks & Braxton, PA, we are skilled in the complex matters associated with white collar crimes and we are prepared to defend individuals who have been accused of such. Whether your charge is related to a RICO violation or you are suspected of any other type of criminal offense, a criminal defense associate from our firm is here to protect your rights under the law. Our law firm has already successfully handled thousands of cases in the past regarding all criminal matters, and we are ready to put up a fight for your case. Call us today - we take calls 24 / 7 and on nights, weekends, and holidays.