White Collar Crime

White collar crimes are usually nonviolent crimes based on violations of trust. They are usually committed by people trying to deceive others, rather than trying to use force against them. White collar crimes include embezzlement, money laundering, Ponzi schemes, pyramid schemes, issuing worthless checks, Internet crimes, public officers' offenses, bribery, and racketeering, among others. These offenses can be punished harshly in Florida. At Hanlon Law, Bradenton white collar crime lawyer Will Hanlon has substantial experience fighting for the rights of the accused.

White collar crimes include all sorts of fraud and deception. They can include crimes perpetrated against individuals, groups of individuals, businesses, or the government. They can include tax evasion schemes or misappropriation of funds entrusted to the person charged. They can include schemes that require a victim to put up a large investment up-front in exchange for something that never materializes.

Florida Statute § 775.0844(3) is known as the White Collar Crime Victim Prevention Act, and it provides for enhanced penalties for certain statutory felonies, including theft, computer crimes, check fraud, fraud, racketeering, counterfeiting, and other felony fraud that deprives others of funds or property. It defines white collar crimes as those that involve committing fraud or deceit, conspiring to defraud or deceive, or conspiring to deprive somebody else of property while intending to defraud or conspiring to defraud them. A white collar crime attorney in the Bradenton area will be familiar with the full scope of the Act.

Under the Act, a person who commits multiple white collar crimes or victimizes the disabled, the elderly, at least 20 people, or a state or local government can face enhanced penalties. You can be charged with an aggravated white collar crime if you perpetrate at least two white collar crimes with the same results, victims, intent, accomplices, or ways of perpetrating them. For example, if you victimize a minimum of 10 elderly people while conspiring to get $50,000, you can be charged with a first-degree felony.

If you are charged under the Act for an aggravated white collar crime, you can be sentenced according to the law, and you may also be fined up to $500,000 or twice the dollar value of the victim's loss. You will also need to pay restitution to the victims of the aggravated white collar crime. The court is supposed to hold a hearing to determine the identity of any qualifying victims and will order you to pay restitution based on your ability to pay. The payment of restitution will be a condition of any probation that a Bradenton white collar crime attorney can secure for you. The court can order continued probation for up to 10 years or until you have made full restitution to the victims, whichever comes first.

What needs to be proven to secure a white collar conviction depends on the charge. In some cases, there is no statute to address the particular crime at issue. For example, embezzlement is not explicitly prohibited under a statute, and it is usually charged as petit theft or grand theft, depending on the value of the funds that were misappropriated. Florida Statute section 812.014 requires the prosecutor to prove beyond a reasonable doubt that you: (1) knowingly (2) used, obtained, or tried to get (3) another person's property, (4) with the intention of permanently or temporarily (5) depriving someone else of the right to the funds or appropriating the funds to your use or the use of somebody not entitled to use them. Embezzlement could be charged as an aggravated white collar crime if, for example, you worked at a nursing home and embezzled $1 million from 10 elderly nursing home residents. You could face a substantial prison sentence and fines, and you might also be ordered to pay restitution to each of your victims.

There is a wide range of white collar crimes for which you can face significant prison time and fines. Often, people know that they are under investigation for a crime before they are charged. If you are being investigated for a white collar crime, you should retain a tough and experienced criminal defense lawyer as soon as possible. Our founder, Will Hanlon, has knowledgeably represented the accused since 1994. You can call Hanlon Law at 941.253.0254 or complete our online form.