Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
“White collar crime” is a broad term for non-violent, financial offenses. The term is commonly used to describe fraud, public corruption, money laundering, and similar violations. As white collar crimes have become increasingly more sophisticated, law enforcement agencies continue to dedicate resources to investigating and prosecuting these offenses. White collar investigations often target professional individuals and/or businesses. These cases are usually document and record intensive, and involve witnesses with intimate knowledge of the scheme or practices.
When you are charged with a white collar crime, you should get in touch with a criminal defense attorney with experience in analyzing white collar crime cases. Hiring a former felony prosecutor and ICE trial attorney such as Raphael Ortega could give you the best opportunity for a favorable outcome in your case. Before you consider a plea bargain, discuss your options with a Conroe white collar defense lawyer.
One of the most common examples of white collar crime is bank fraud under 18 U.S.C. § 1344. As a Conroe defense attorney can further explain, this type of white collar criminal offense involves using deception or other illegal means to obtain assets held by a financial institution. This could include obtaining deposits from other bank customers through impersonation, check kiting, or through concealing or falsifying material facts on a bank loan application. Bank fraud could also involve bank personnel or sophisticated efforts by third parties to access depositors’ accounts. A possible defense against bank fraud is mistake – that is, your conduct did not intend to commit bank fraud.
Embezzlement under 18 U.S.C. § 656 is a theft offense that involves an individual in a trusted position. Instead of using force or stealth to deprive another person or entity of their property, embezzlement consists of someone relying on their position of power or responsibility to perpetrate fraud.
Embezzlement often involves employees stealing assets belonging to their employer. This could come in the form of cash, especially in retail businesses. However, embezzlement could also involve the misuse of services, company property, or employee benefits. Additionally, not all acts of embezzlement involve low-level employees. It is not uncommon for this offense to be perpetrated by high-level management or executives with significant responsibilities.
Federal embezzlement carries a punishment of anywhere from a minimum of six months to 30 years imprisonment, and significant fines. When you face allegations of embezzlement, you should enlist the help of a qualified Conroe white collar defense attorney as soon as possible.
Money laundering is an unusual type of criminal offense. Not only is this act illegal, but it is always connected to some other kind of criminal activity, like drug trafficking. Money laundering is the act of disguising the origin of unlawfully gained money. By laundering the money—typically through a legitimate business—someone can use it without raising the suspicion of law enforcement. Accusations of money laundering are difficult to prove without significant evidence, including witnesses, informants, substantial financial and business records, and often proof connected to an underlining criminal scheme. A skilled white collar defense lawyer in Conroe could help you fight against these baseless allegations.
Real estate transactions typically involve substantial sums of money. When these transactions are fraudulent, the financial impact can be significant. Mortgage fraud can include parties obtaining a loan they do not qualify for using deception, like falsifying financial documents. This form of fraud can also involve parties conspiring to enrich themselves by securing fraudulent mortgages. If convicted, you could be looking at substantial prison time and a significant fine up to one million dollars.
Wire Fraud is a federal crime that refers to a type of financial fraud that occurs when an individual or group utilizes any type of telecommunications to deceive someone into giving them money or property by means of deceit or false representation. 18 U.S.C. § 1343. The perpetrators typically employ various forms of electronic communication such as email, phone, social media, or other similar methods, to impersonate legitimate businesses or individuals and trick their victims into wiring them money. Additionally, wire fraud does not require that the fraud be successful. All that is maters is that a person intends to deceive the victim out of their money for his/her own personal gain.
Federal law enforcement agencies often rely on the wire fraud statute to prosecute generic fraud cases because most communication and commerce is done electronically – as most people have easy access to network computers, smart phones, tablets, etc.
Wire fraud is a federal crime that carries significant consequences upon conviction. If you are found guilty of this federal offense, you could spend up to twenty years in prison and face up to $250,000 in fines for individuals, and up to $500,00 for organizations. There are also enhanced penalties in cases involving federally declared emergencies, like named hurricanes or other natural disasters. To potentially avoid these penalties, enlist the help of a dedicated legal professional with experience defending against white collar criminal charges in Conroe.
Mail fraud is similar to wire fraud, except that the statute requires that the government prove that you attempted to gain money or acquire anything of value by utilizing the U.S. Postal Service. This type of fraud often involves mailing inducements to consumers hoping to trick them into handing over assets for fake investments, like pyramid or Ponzi schemes. Mail fraud carries steep penalties, particularly when the alleged perpetrator fraudulently obtains a large number of benefits.
Mail fraud under 18 United States Code § 1341 18 U.S.C § 1341 encompasses any scheme that uses mail communication to deprive another person of their property. Specifically, mail fraud requires the following:
This type of fraud can target consumers, but there are situations where mail fraud could target businesses, municipalities, or other organizations. While the term mail fraud may sound very specific, the statute itself is very broad.
Mail fraud is a federal crime that carries significant consequences upon conviction. If you are found guilty of this federal offense, you could spend up to 20 years in prison and face fines of up to $250,000. There are also enhanced penalties in cases involving federally declared emergencies, like named hurricanes or other natural disasters.
Similar to wire fraud, federal law enforcement agencies often rely on the mail and wire fraud statutes to prosecute generic fraud cases because most modern fraud schemes utilize both mail and electronic telecommunications in furtherance of the fraud. Thus, it should not be surprising that most of the possible defense to mail fraud also apply to wire fraud, except of course that mail fraud requires the use of the U.S. Postal Service whereas wire fraud requires the use of electronic telecommunication devices.
Possible defenses to wire or mail fraud include:
Raphael Ortega is an experienced white collar crime attorney who can evaluate the charges against a Conroe resident to determine the best possible defense strategy.
Money laundering is a ground of inadmissibility under INA § 212(a)(2)(I). This provision states that non-citizens can be deemed inadmissible if the government knows or suspects that the non-citizen has engaged, is engaging, or seeks to enter the U.S. to engage in money laundering in excess of $10,000. A conviction is not required to trigger this ground or removability. Therefore, the government only needs to show knowledge that the non-citizen has committed a money laundering offense, usually through the use of financial records and other corroborating evidence. Non-citizens facing charges for a white collar crime should meet with a Conroe defense attorney who understands immigration laws as soon as possible.
When you are arrested for a white collar crime, the potential consequences of a conviction could be staggering. Fortunately, a seasoned defense attorney from our firm is prepared to help you fight back against these charges. The collateral consequences can have a huge impact on your career, professional licenses, and reputation.
Whether at the state or federal level, Raphael Ortega is here to help. As a former prosecutor and ICE trial attorney, he understands what makes a viable defense in your case. Instead of putting yourself at risk by acting as your own attorney, rely on experienced and aggressive legal counsel that is not afraid to fight for you. Call Conroe white collar defense lawyer Raphael Ortega immediately to schedule a free, confidential consultation.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.