Facing a white-collar crime can be a terrifying time in a person’s life. A defendant can receive years in prison if convicted. If you hire a seasoned criminal lawyer like Brett A. Podolsky, you can increase your chances of avoiding detrimental consequences.
White-collar crimes are criminal offenses that typically involve the theft of funds or property without violence. They may include state and/or federal charges. Below are some examples of common white collar crimes.
Credit card abuse is one of the most common white-collar crimes. When an individual uses another person’s credit card for purchases without their consent, it is considered credit card fraud.
Anytime a person takes someone else’s financial account details with the intent to make unauthorized purchases or removing cash from their account, it is considered credit card abuse. It includes:
Credit card abuse often crosses paths and mingles with identity theft, credit fraud, and check forgery.
Credit card abuse occurs when individuals use a credit or debit account they know doesn’t belong to them and uses it without permission. Alternatively, that person may knowingly use an expired, canceled, or revoked card, even their own.
Charges of credit card abuse can result from using a fictitious, false, or dummy card to obtain or receive goods, services, or other benefits. It also results from stealing with the intent to sell or use the card, stealing the account number of another person, or receiving goods or services paid with a stolen or illegally obtained credit card.
The bottom line is that a person possesses a credit card or information that does not belong to them and intends to use it. The prosecution must not only prove the person used the fraudulent card, but that they intended to do so. Even physical possession of the card is unnecessary to charge credit card fraud. If an individual enters someone else’s credit card information into a web page to complete an online transaction, it can lead to criminal charges if the account holder did not authorize it.
The statute of limitations for laying charges of credit card abuse is seven years after the date of the abuse. However, that limit may be suspended or “tolled” if the accused is serving time in jail, lives out of state, or otherwise cannot stand trial.
In this case, the actual statute of limitations may be longer than seven years.
Credit card abuse is punishable as a state jail felony or a third-degree felony.
Forgery means altering or falsely drafting any type of document. The term document is broadly defined and includes coins and trademarks. The degree of punishment depends on the impact to the victim and other factors, such as:
Penalties vary greatly from small fines to 20 years in prison.
Forgery can be involved in:
Identity theft is a federal crime where an individual improperly obtains then uses another person’s personal information in some way that involves deception or fraud. The typical motive is economic gain.
It is illegal to obtain and/or misuse someone else’s identifying data, personal or financial, including their Social Security Number, PIN, or credit card history acquired when:
A person could be charged with identity theft even if they did not benefit from the theft. The punishment depends on the circumstances and can be anything from a state jail felony to a first-degree felony. Prison time ranges from one year in state jail to 99 years in prison. The fines can reach $10,000, and the courts may require the perpetrator to pay restitution. They may also receive probation.
Money laundering is the process of converting illegal money into legitimate currency. An individual uses money laundering to disguise the original source of funds or assets, usually generated through criminal activity like drug trafficking, fraud, smuggling, corruption, or extortion.
Authorities can bring money laundering charges if they can prove the accused:
Money laundering charges often accompany charges for drug or human trafficking or smuggling. It involves complex tactics and bookkeeping. Sometimes, people are unaware of their role in a money-laundering operation until they are implicated in the crime.
The penalties for money laundering depend on the amount of money involved. Imprisonment can be six months to 99 years, and the fine can reach $10,000.
Fraud covers a lot of ground, but at the core, it is the false representation or omission of material fact, either through words or conduct, intended to result in personal or financial gain.
Most commonly, fraud occurs when one party promised they have performed or can perform things they actually cannot do when they enter into a business transaction, such as selling goods or services, lending, or real property transactions.
Fraud can be charged as a state offense, but mail and wire fraud are federal offenses, like other forms of fraud. It can include making a false representation, so another takes action. Even if the false representation was the result of negligence, it could still be considered fraud.
Most fraud is intentional but can be reckless instead. To prove fraud, the prosecutor must show:
There are many examples of fraud.
Check fraud involves a fake check resulting from:
Check fraud comes with several names. For example, there is check kiting (floating a check), in which funds are accessed from an account before the bank accesses them to place in a different account. Paper hanging is writing a check on a closed account.
Check fraud also stems from something called washing, where the check paper is chemically cleaned to access and misuse the data it holds. Checks can be counterfeited through intentionally printing fake checks. Check fraud also includes theft when checks are stolen and used to commit fraud.
Check fraud even extends to payroll fraud when someone steals another’s paycheck or benefits.
A compounding pharmacy specializes in custom compounding medications for various needs. These pharmacies make up a small percentage of those in the U.S. Compounding pharmacy fraud is a type of healthcare fraud. It may be a federal felony and, in any case, is a severe civil allegation.
The pharmacy may be intentionally or unwittingly committing fraud and can be investigated, charged, and punished regardless of whether their actions were deliberate or not.
From the business owner and CEO to the marketers and pharmacists, everyone involved can be investigated for fraud.
Compounding pharmacy fraud comes in various types:
The most commonly prosecuted compounding pharmacy fraud includes:
Healthcare fraud occurs when someone uses deception to obtain medical benefits they would not otherwise be entitled to. It also happens when physicians or other healthcare providers make false statements to obtain payment for services.
Healthcare fraud includes:
Healthcare fraud includes many activities such as corruption and kickbacks, allowing a nurse to perform a physician’s duties, and providing unnecessary medical services.
Upcoding, doctor shopping, and medical identity theft all fall under healthcare fraud. Also, fraud is perpetrated by waiving patient deductibles then claiming false charges to make up for the loss.
Insurance fraud means an individual commits specific actions related to making an insurance claim to defraud the insurer. It happens with auto insurance, worker’s compensation, medical insurance, homeowner insurance, and life insurance.
Insurance fraud happens when someone:
The term medical fraud may be used for healthcare fraud or insurance fraud.
An individual makes a false or misleading statement they are not entitled to. A medical professional lies to pad bills. Patients obtain specific prescriptions to sell on the black market. All of these are examples of medical fraud.
The federal government enacted wire fraud laws to cover the new technology used in interstate or international commerce. Initially, the laws covered telegraph and telephones, radio, and television communication. It now includes the internet.
Wire fraud occurs when a person uses deception and any type of electronic communication to defraud others of their money or property. It is a crime against property more than a crime against a person.
Many wire fraud charges become federal because the FCC regulates phone lines, radio airwaves, and TV broadcasts. However, it does not govern the internet.
Examples of wire fraud include:
The penalties for fraud vary according to the situation and may include community service, probation, significant fines, and prison time.
For example, credit card fraud is a felony in Texas that brings 180 days to two years in prison and up to $10,000 in fines. If the victim of fraud is elderly, a more severe charge of a third-degree felony may be brought, with two to ten years in prison, fines up to $10,000, and restitution for damages.
The penalties for white-collar offenses are defined in Chapter 12 of the Texas Penal Code. The punishments vary greatly and depend on the type of offense, the value of the funds involved, the number of individuals who were affected by the criminal offense and whether the defendant has a criminal history. Some of the potential penalties include:
A prosecutor has the burden of proof in criminal cases. He or she must prove every element beyond a reasonable doubt. Every kind of white-collar offense has its own statutory definition, and the prosecution has to prove every element of the crime in order to secure a conviction. For example, the state has to prove that the defendant had intent to commit the offense. If he was coerced or accidentally broke the law, the charges against him may be reduced or even dropped completely.
Brett A. Podolsky is a board certified attorney; this places him in an elite tier of qualified attorneys in the state of Texas. As a former prosecutor, he can anticipate the arguments that the prosecution will make in order to better prepare for trial. Oftentimes, accusations for white-collar offenses arise because of mistakes in record-keeping. Mr. Podolsky will carefully examine every piece of evidence in your case to provide a solid legal defense for you.
If you need a Houston white-collar lawyer, schedule a free consultation with Brett A. Podolsky at 713-227-0087.