White-collar crimes are nonviolent offenses committed primarily for financial gain. Although they may not be violent, that doesn’t mean they are victimless. White-collar crimes involve deceit, manipulation, or breach of trust. They defraud millions out of their savings. The FBI lists many offenses that are considered white-collar crimes. A skilled criminal defense lawyer is necessary if facing a white-collar crime charge.
The government aggressively prosecutes white-collar crimes. Convictions result in hefty fines, incarceration, and destroyed reputations. Three particular areas of white-collar crime, fraud, embezzlement, and tax evasion, may be of interest to people in Texas. It is essential to understand the legal implications of being charged with these crimes and the possible defenses that can be used.
The term “white-collar crime” was created to describe offenses typically committed by people in business settings. White-collar crimes are usually financially motivated and involve complex schemes.
Fraud
Fraud includes many activities where deception is used to secure an illegal gain. Common examples of fraud include wire, securities, healthcare, and insurance fraud. Fraud is a serious offense under federal and state law. It can ruin lives, including hefty fines and decades in prison. According to federal law, the elements of fraud include:
- A false, fictitious, or fraudulent claim
- The knowledge that the claim was false
- Using a scheme to defraud
- With the specific intent to violate the law.
A skilled attorney can advise you of the possible defenses if you have been charged with fraud. Fraud requires the intent to deceive. The prosecution must show that the defendant acted with intent. If the defendant can show that the fraud resulted from an accident or error, they may be able to build a defense. The prosecution must prove all elements beyond a reasonable doubt.
Embezzlement
Embezzlement occurs when someone entrusted with managing another party’s assets uses those funds for personal use. Embezzlement typically involves people who have legal access to the assets they steal. Common examples of embezzlement include:
- Employee Embezzlement
- Corporate Embezzlement
- Nonprofit Embezzlement
Embezzlement can be a state or federal crime, depending on the scope of the crime. In Texas, embezzlement charges depend on the value of the misappropriated funds. Stealing less than $2,500 would typically be classified as a misdemeanor, and more than $2,500 would likely be a felony charge.
There are multiple defenses against embezzlement. Like fraud, embezzlement requires intent. Mistakes are not considered embezzlement. Consent from the owner of the assets would also be a defense against an embezzlement charge.
Tax Evasion
Tax evasion involves avoiding paying taxes. The crime may consist of underreporting income, failing to file taxes, exaggerating deductions, or hiding financial assets. Tax evasion is a federal crime and can include hefty fines and imprisonment. However, some defenses can be used against tax evasion. Tax evasion requires intent. Errors in tax filings that were not intentional can likely not be prosecuted. The prosecution must show that failure to comply was deliberate, and the government must act within the statute of limitations.
Why You Need a Criminal Defense Attorney
An experienced criminal defense attorney is essential if you are charged with a white-collar crime. These cases involve extensive documentation, expert witnesses, and technical defenses. A knowledgeable attorney can analyze evidence, build a defense strategy, negotiate plea deals, and represent you at trial if necessary.
White-collar crimes such as fraud, embezzlement, and tax evasion can devastate individuals and businesses. They are complex legal matters. A person charged with a white-collar crime requires an attorney with experience arguing in federal counts. Every case is unique, but The Law Office of Kerrisa Chelkowski understands white-collar crime charges and will advocate on your behalf. Please contact our law office so we can assist you and protect your rights.