White Collar Crimes

Defense Attorneys Representing People Charged with Non-Violent Offenses

Some crimes do not involve violent acts or forceful taking of property, but instead may involve the calculated deprivation of funds or property from a person or business. These crimes are known as white-collar crimes because they are typically committed by financial professionals or people who work for the government. Although white-collar crimes do not cause bodily harm, a conviction of a white-collar crime can carry serious penalties.

If you are charged with a white-collar crime, you should engage a knowledgeable criminal defense attorney to help you formulate a defense. The capable Scranton white collar crime attorneys at Lenahan & Dempsey, P.C., can assess the facts of your case and develop a strategy to help you strive for the most favorable outcome available.

The Prosecution’s Burden in White Collar Crime Cases

White collar crimes often involve violations of federal laws or activities that use a federal system, such as the United States Postal Service, or that cross state lines. Thus, many white-collar cases are prosecuted in the federal courts after criminal investigations.

Regardless of where a criminal case is tried, however, the prosecution bears the burden of establishing every element of the charged offense beyond a reasonable doubt. This means that it must prove that a reasonable person could come to no other conclusion than that the defendant committed the alleged acts when presented with the evidence in the case.

Most white-collar crimes involve an element of intent. In other words, the prosecution must prove that the defendant intended to deprive another person of his or her funds and that the alleged acts did not result from negligence or a mistaken belief that the acts were permitted. In cases in which a white-collar crime attorney in Scranton can prevent the prosecution from establishing intent, it should not be able to obtain a conviction.

Examples of White Collar Crimes

One of the most common white collar crimes is fraud. There are many acts that constitute fraud, and the penalties for a fraud conviction will vary depending on the crime, but they typically include fines and jail time. Securities fraud is one of the most frequently committed white collar crimes. Securities fraud occurs when an investment professional intentionally misrepresents a material fact to a client, with the intent of misleading the client, and this ultimately causes the client to suffer financial harm.

Forgery is another common white collar crime. Under Pennsylvania law, a person commits forgery if he or she modifies someone else’s writing without authority to do so, or executes any writing so that it appears to be the writing of another person, with the intent of defrauding someone. For example, if a person signs another person’s name to a blank check, without permission, it may constitute forgery. These charges are often complex, and a defendant will benefit from the representation of a Scranton white collar crime attorney who is experienced in these cases.

Embezzlement, which is a form of theft, is a white collar crime as well. A person may be guilty of embezzlement if he or she obtains property under an agreement to dispose of the property in a certain manner, but the person instead fails to dispose of the property and intentionally uses the property as if it were his or her own. For example, if a person gives funds to an investment advisor, and the advisor deposits the funds in his or her personal account, rather than investing them, this is likely embezzlement.

All the Types of White-Collar Crimes

White-collar crimes often involve complex schemes and can have significant financial and reputational consequences for victims. They are typically prosecuted under federal laws and can result in severe penalties, including fines, restitution, and imprisonment.

If white-collar crimes include foreign entities, they fall under the Foreign Corrupt Practices Act (FCPA). The FCPA is a United States federal law enacted in 1977 to combat corruption and bribery in international business dealings. It primarily targets unethical practices by U.S. individuals and companies operating abroad.

Here’s a list of common types of white-collar crimes, along with their definitions and examples:

1. Fraud

Fraud is intentional deception to secure unfair or unlawful financial or personal gain. There are three types of fraud:

  • Securities Fraud: Misleading investors about the value of a stock (e.g., insider trading).
  • Insurance Fraud: Filing false insurance claims.
  • Identity Theft: Using someone else’s personal information for financial gain.

2. Embezzlement

Embezzlement is the misappropriation or theft of funds entrusted to someone’s care, typically in a workplace setting. Examples of embezzlement would include:

  • An employee siphoning money from a company account.
  • A financial advisor is stealing from client investments.

3. Money Laundering

Money laundering is concealing the origins of illegally obtained money by passing it through legitimate businesses or financial systems. Examples of money laundering include:

  • Using a shell company to disguise proceeds from drug trafficking.
  • Routing illicit funds through offshore accounts.

4. Tax Evasion

Tax evasion is the illegal avoidance of paying taxes owed to the government. Examples of tax evasion would include:

  • Underreporting income on tax returns.
  • Claiming false deductions or credits.

5. Bribery

Bribery is when someone offers, gives, receives, or solicits something of value to influence the actions of an individual in a position of power. Examples of bribery include:

  • Paying a government official to secure a contract.
  • Offering kickbacks to corporate executives for favorable decisions.

6. Insider Trading

Insider trading is the buying or selling of stocks or other securities based on non-public, material information. Examples of insider trading include:

  • A company executive trading shares before a major announcement.
  • A stockbroker acting on confidential tips.

7. Forgery

Forgery is falsifying documents or signatures to deceive others for financial or personal gain. Examples of forgery include:

  • Creating fake checks or altering financial documents.
  • Counterfeiting legal documents like contracts or wills.

8. Ponzi Schemes

Ponzi schemes are fraudulent investment scams that promise high returns, where earlier investors are paid with funds from newer investors. Examples of Ponzi schemes include:

  • Bernie Madoff’s infamous Ponzi scheme.
  • Fake investment opportunities with no real underlying business.

9. Cybercrime (White-Collar Context)

Cybercrime is using technology to commit financial crimes or fraud. Examples of cybercrime include:

  • Phishing scams to steal sensitive information.
  • Hacking into financial systems to divert funds.

10. Corporate Espionage

Corporate espionage is the stealing of trade secrets or proprietary information from a business for competitive advantage. Examples of corporate espionage include:

  • Hacking into a competitor’s database to obtain product designs.
  • Bribing employees to leak confidential information.

11. Antitrust Violations

Antitrust violations occur when someone engages in practices that restrict competition or create monopolies. Examples of antitrust violations include:

  • Price-fixing agreements between competitors.
  • Mergers designed to eliminate competition.

12. Extortion

Extortion is when someone obtains money, property, or services through coercion or threats. Examples of extortion include:

  • Threatening to release damaging information unless paid.
  • Using blackmail to secure financial gain.

13. Counterfeiting

Counterfeiting is when someone produces fake goods, currency, or documents to deceive others. Examples of this include:

  • Printing counterfeit money.
  • Selling fake luxury goods as authentic.

14. Healthcare Fraud

Healthcare fraud is when someone defrauds healthcare systems or insurance providers for financial gain. Examples of healthcare fraud include:

  • Billing for services not rendered.
  • Overcharging for medical procedures or equipment.

15. Bankruptcy Fraud

Bankruptcy fraud is when someone misrepresents information during bankruptcy proceedings to gain financial benefits. Examples of bankruptcy fraud include:

  • Hiding assets to avoid liquidation.
  • Filing multiple bankruptcy claims under different identities.

Speak with a Trusted White-Collar Crime Attorney in Pennsylvania

When a person is convicted of committing a white-collar crime, it can damage their rights, reputation, and career. At Lenahan & Dempsey, P.C., our white-collar crime attorneys will fight diligently to help you pursue a successful result in a white-collar crime case. Our white-collar crime lawyers represent Scranton residents and other people who have been charged with forgery, fraud, embezzlement, and similar crimes throughout:

  • Lackawanna
  • Lycoming
  • Luzerne
  • Monroe
  • Columbia
  • Montour Counties

We also handle many other types of criminal cases, such as DUI, hit and runs, assault, homicide, theft crimes, drug crimes, and probation violations. Our offices are located in Scranton, Tunkhannock, New Berwick, and the Poconos Mountains region. You can contact us through our online form to schedule a meeting or call us at 570.356.0497 for a discussion regarding the specifics of your case at no obligation.

*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thompson Reuters. Both trademarks are used with permission.  Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.

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