Facing accusations of white-collar crimes can be an overwhelming and frightening experience. In Florida, these charges are taken seriously and are pursued aggressively by prosecutors. White-collar crimes cover a wide range of activities from fraud and embezzlement to money laundering and insider trading.
Defense Attorney for White Collar Crime in Melbourne, FL
White Collar Crimes typically include charges like embezzlement, fraud, and money laundering. These charges can often result in serious financial penalties and jail time if law enforcement decides to prosecute you.
If you have been charged with a white collar crime, you need to contact experienced criminal defense attorney Mark Germain immediately.
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
- What is a White Collar Crime?
- Specific Offenses
- Maximum Jail Time and Fines for State White Collar Crimes
- Federal White Collar Crimes
- What Are Potential Defenses to Alleged White Collar Crimes?
- Criminal Procedure in Florida for White Collar Crimes
- Other Consequences of a Conviction
- What Are Possible Alternatives to Incarceration?
- Can a White Collar Crime Lawyer Defend Me?
- Additional Resources
- Lawyer for White Collar Crimes in Brevard County Florida
What is a White Collar Crime?
White-collar crimes generally refer to offenses committed by individuals in positions of power, such as business executives, bankers, and public officials. These crimes are typically non-violent and involve financial or economic misconduct. They may be prosecuted under state or federal law, depending on the nature of the crime, and can involve cross-state or international activities, making them subject to federal jurisdiction.
Types of Specific White Collar Crimes in Florida
- Dealing in Stolen Property – Florida Statutes Section 812.019 – This offense involves buying, selling, or trying to sell property that someone knows, or should reasonably know, is stolen. If a person is caught doing this, it is considered a second-degree felony. If someone not only deals in stolen goods but also plays a role in organizing or managing the theft, this escalates the crime to a first-degree felony.
- Embezzlement – Florida Statutes Section 812.014 – Embezzlement, where someone entrusted with someone else’s property steals it, is prosecuted under Florida’s main theft law. Depending on the value of the property taken, theft can range from a misdemeanor to a first-degree felony. If the stolen property is worth $100,000 or more, or if certain conditions apply (such as using a vehicle to damage property), it is classified as a first-degree felony.
- Criminal Use of Personal Identification Information | Identity Theft – Florida Statutes Section 817.568 – This offense involves using someone else’s personal information, like their Social Security number or bank details, without their permission, often to steal money or commit fraud. It is a felony, with the severity depending on the amount of money involved or the number of people affected. The offense could be classified as a third-degree felony up to a first-degree felony if large sums or many victims are involved.
- False and Fraudulent Insurance Claims | Insurance Fraud – Florida Statutes Section 817.234 – This offense involves intentionally providing false, misleading, or incomplete information to an insurance company to receive money or benefits that are not rightfully due. If the value is under $20,000, it is a third-degree felony; between $20,000 and $100,000, it is a second-degree felony; and if over $100,000, it is a first-degree felony.
- Fraudulent Use of Credit Cards | Credit Card Fraud – Florida Statutes Section 817.61 – This offense involves using someone else’s credit card without permission or using a fake or stolen credit card to get money, goods, or services. If someone does this two or fewer times in a six-month period, or the amount involved is less than $100, it is treated as a misdemeanor. If the person does it more than twice in six months or the amount is $100 or more, it is considered a felony.
- Mortgage Fraud – Florida Statutes Section 817.545 – Mortgage fraud happens when someone lies or leaves out important information during the process of getting a home loan, with the goal of tricking the lender or others involved. This can include making false statements or using false documents. If the fraud involves a loan amount over $100,000, it is classified as a second-degree felony. If the amount is under $100,000, it’s a third-degree felony.
- Forgery – Florida Statutes Section 831.01 – Forgery occurs when someone falsely creates, alters, or counterfeits important documents like public records, wills, deeds, or financial documents, intending to deceive or harm another person. This offense is considered a third-degree felony in Florida.
- Cyber Crimes – Florida Statutes Chapter 815 – These offenses under Florida’s Computer Crimes Act include various illegal activities involving computers, networks, and electronic devices. Offenses against users (Florida Statutes Section 815.06) include unauthorized access, damage, or disruption of computer systems and can range from third-degree felonies to first-degree felonies.
- Offenses against intellectual property (Florida Statutes Section 815.04) involve unauthorized alteration, destruction, or theft of data, classified generally as third-degree felonies, but can escalate to second-degree felonies if done to commit fraud. Crimes against public utilities (Florida Statutes Section 815.061) include illegal access or tampering with utility systems, with classifications from third-degree to second-degree felonies, depending on the impact on services.
- Lastly, offenses against governmental entities (Florida Statutes Section 815.062) include introducing harmful software into government systems or demanding ransoms, classified as first-degree felonies with severe penalties, including prison time and significant fines.
Maximum Jail Time and Fines for State White Collar Crimes
- 2nd-Degree Misdemeanor: 60 days jail, $500 fine.
- 1st-Degree Misdemeanor: 1 year jail, $1,000 fine.
- 3rd-Degree Felony: 5 years prison, $5,000 fine.
- 2nd-Degree Felony: 15 years prison, $10,000 fine.
- 1st-Degree Felony: 30 years prison, $10,000 fine.
- Life Felony: Life imprisonment, $15,000 fine.
Actual penalties vary based on the offense, the individual’s criminal history, and any aggravating circumstances. Misdemeanors are heard in county court, while felonies are heard in circuit court.
Federal White Collar Crimes
- Wire Fraud – 18 U.S.C. Section 1343 – Wire fraud involves using electronic communication, such as the internet, telephones, or fax machines, to carry out a scheme to defraud someone of money or property. It is often charged in cases where fraud is committed across state lines, making it a federal offense. Penalties for wire fraud include up to 20 years in prison, or up to 30 years if it affects a financial institution or is related to a natural disaster or emergency.
- Mail Fraud – 18 U.S.C. Section 1341 – Similar to wire fraud, mail fraud involves using the postal service to execute a scheme to defraud someone of money or property. It is also a federal crime if the fraud crosses state lines or involves federal services like the U.S. Postal Service. Conviction can result in up to 20 years of imprisonment or longer if a financial institution is defrauded.
- Securities Fraud – 15 U.S.C. Section 78j – Securities fraud, often referred to as stock or investment fraud, occurs when someone engages in deceptive practices that mislead investors in stock or other financial markets. This can include insider trading, false financial reporting, or Ponzi schemes. The SEC usually investigates these cases, and penalties can include significant fines and lengthy prison terms.
- Tax Evasion – 26 U.S.C. Section 7201 – Tax evasion involves deliberately underreporting or failing to report income, hiding assets to avoid paying taxes, or inflating deductions. It is a federal offense because it involves the IRS and the federal tax system. Penalties include up to five years in prison, fines of up to $250,000 for individuals, and the cost of back taxes with interest.
- Money Laundering – 18 U.S.C. Sections 1956-1957 – Money laundering involves disguising the proceeds of illegal activity to make them appear legitimate. It typically occurs when someone funnels money through a series of transactions to “clean” it. Federal penalties for money laundering can be severe, including up to 20 years in prison and hefty fines.
- Healthcare Fraud – 18 U.S.C. Section 1347 – Healthcare fraud involves defrauding healthcare programs like Medicare or Medicaid. Examples include billing for services not rendered and receiving kickbacks for patient referrals. Since these programs are federally funded, healthcare fraud is prosecuted under federal law, with penalties including up to 10 years in prison and substantial fines.
- Bank Fraud – 18 U.S.C. Section 1344 – Bank fraud occurs when someone attempts to defraud a financial institution, such as by forging checks, submitting false loan applications, or committing mortgage fraud. Since banks are often federally insured, these crimes are prosecuted at the federal level. Convictions can result in up to 30 years in prison and fines of up to $1 million.
- Identity Theft – 18 U.S.C. Section 1028 – Identity theft becomes a federal crime when it involves the theft of personal information (such as Social Security numbers, credit card information, or bank account details) for illegal purposes like fraud. Penalties for aggravated identity theft, which often accompanies other federal offenses, can include up to 15 years in prison.
- Racketeering (RICO) – 18 U.S.C. Sections 1961-1968 – The Racketeer Influenced and Corrupt Organizations (RICO) Act allows federal prosecution of individuals involved in organized crime, including fraud, bribery, and embezzlement. Under RICO, individuals or groups involved in a “pattern of racketeering activity” can face extended prison sentences and the forfeiture of assets.
- Insider Trading – 15 U.S.C. Section 78ff – Insider trading is a form of securities fraud in which individuals use confidential, non-public information to make profitable trades in stocks or securities. The SEC aggressively pursues insider trading cases, and convictions can result in fines, disqualification from holding corporate positions, and prison terms of up to 20 years.
- Conspiracy to Commit Fraud – 18 U.S.C. Section 1349 – Conspiracy to commit fraud involves two or more individuals planning to engage in fraudulent activities, even if the fraud has not yet been completed. Federal conspiracy charges can add significant time to sentences and fines, especially when combined with other fraud charges.
What Are Potential Defenses to Alleged White Collar Crimes?
- Lack of Intent: The defense may argue that the accused did not have the intention to commit a crime. In many white-collar cases, proving intent is crucial. Without clear evidence that the person deliberately set out to commit fraud or another related offense, the prosecution’s case may weaken.
- Lack of Knowledge: The accused might argue that they were unaware of the illegal nature of their actions. In white-collar crimes, especially those involving complicated financial or business transactions, it can be challenging to prove that the accused knew they were breaking the law.
- Reliance on Professional Advice: In some white-collar cases, the accused may argue that they relied on the advice of professionals, such as accountants or attorneys, and did not intend to commit a crime. If it can be shown that the accused acted in good faith based on this advice, it might serve as a valid defense.
- No Financial Gain: This defense argues that the accused did not benefit financially from the alleged crime. In many white-collar cases, financial gain is a key element that the prosecution must prove. If there is no evidence of financial benefit to the accused, it may weaken the prosecution’s case.
- Duress or Coercion: If the accused was forced to commit the crime under threat of harm, the defense may argue that they acted under duress or coercion. This can be a strong defense if it can be shown that the accused had no reasonable alternative but to commit the alleged crime.
- Consent of the Alleged Victim: In certain white-collar cases, it may be argued that the alleged victim consented to the actions of the accused. For example, if a business transaction was agreed upon by all parties involved, it may not constitute a crime, even if it resulted in financial loss.
- Corporate Liability Defense: When an individual is accused of a white-collar crime committed in a corporate setting, they may argue that the corporation, not the individual, is responsible for the alleged illegal activities.
Criminal Procedure in Florida for White Collar Crimes
Investigation and Evidence Gathering
White collar crimes typically involve long and detailed investigations before any charges are filed. Law enforcement agencies, such as the FBI or Florida Department of Law Enforcement, focus on gathering extensive evidence, which may include bank records, financial statements, emails, and other documents. These investigations often involve experts in finance and accounting to trace the complex financial activities.
Charging Decisions
Once the investigation concludes, prosecutors decide whether to file charges. Unlike other types of crimes, where charges might be filed quickly after an arrest, white collar crime charges in Florida are usually the result of careful deliberation by prosecutors who evaluate the evidence to determine if it meets the high standards required to prove financial wrongdoing. The accused may be unaware of the investigation until charges are officially filed, which can sometimes be years after the alleged crime.
Arrest and Bond
In white collar cases, arrests often differ from those in more traditional criminal cases. The accused may be allowed to surrender voluntarily, especially if they are not considered a flight risk. Bond amounts in Florida can be substantial in white collar cases, reflecting the large sums of money typically involved in these crimes. The court may also consider factors such as the accused’s ties to the community and the potential impact of the crime on victims when setting bond.
First Appearance and Arraignment
The first appearance in court usually occurs within 24 hours of the arrest. Here, the accused is formally informed of the charges and may have an opportunity to address bond issues. Following this, the arraignment occurs, where the accused enters a plea. Given the technical and financial nature of white collar crimes, a “not guilty” plea is common, allowing the defense time to prepare by analyzing complex evidence.
Discovery and Pretrial Motions
The discovery process in white collar cases is particularly extensive. Both sides exchange evidence, which can include thousands of documents and digital records. In Florida, the discovery phase is crucial because white collar cases often hinge on the interpretation of complex financial data. Pretrial motions are also significant, with the defense frequently challenging the admissibility of evidence or seeking to dismiss charges that they argue are not supported by the evidence.
Plea Negotiations
Plea negotiations are common in white collar crime cases. Given the often overwhelming volume of evidence and the complexity of proving financial crimes in court, both sides may be motivated to reach an agreement. In Florida, plea deals might involve the accused admitting to lesser charges or agreeing to restitution in exchange for reduced penalties. This stage is particularly important in white collar cases, where the consequences of a trial can be severe, and the risks high.
Trial
If the case goes to trial, it involves a deep dive into the financial transactions at the heart of the charges. In Florida, white collar crime trials are often highly technical, with expert witnesses called to explain the financial evidence. The prosecution must convince the jury that the accused’s actions were criminal beyond a reasonable doubt, often requiring them to simplify complex financial details for the jury’s understanding. This makes the trial phase in white collar cases uniquely challenging for both sides.
Sentencing
Penalties can include significant prison time, hefty fines, and orders to pay restitution to victims. The sentencing phase also considers factors like the amount of money involved, the impact on victims, and whether the accused has a prior criminal record. Florida’s sentencing guidelines provide some structure, but judges often have discretion in determining the final sentence. A conviction can affect future legal matters, including child custody cases, divorce proceedings, and civil lawsuits.
Appeals
The appeals process is an important part of white collar crime cases. Appeals in Florida often focus on legal issues specific to financial crimes, such as whether the trial court properly admitted financial evidence or whether the instructions given to the jury were appropriate. The complexity of white collar crimes means that appellate courts often have to review legal arguments concerning financial transactions and interpretations of Florida law.
Other Consequences of a Conviction
Employment Challenges
One of the most immediate and severe consequences is the difficulty in finding employment. Many employers conduct background checks, and a conviction can raise serious concerns about trustworthiness and integrity. This makes it challenging to secure jobs, particularly in sectors like finance, law, or any field involving the handling of sensitive information. Even for positions unrelated to the crime, the stigma attached to a conviction can lead to lost opportunities.
Professional Licenses and Certifications
Certain professions require licenses or certifications, such as law, accounting, or medicine. A conviction can lead to the suspension or revocation of these licenses, making it impossible to continue working in those fields. The process to regain a license, if possible, is often lengthy, costly, and uncertain.
What Are Possible Alternatives to Incarceration?
- Probation: Under Florida Statutes, probation allows an individual to remain in the community under court supervision. The person must comply with specific conditions, such as regular meetings with a probation officer, maintaining employment, and avoiding further legal trouble. Probation can be granted instead of or following a short jail sentence, depending on the severity of the offense and the defendant’s criminal history. (Florida Statutes Section 948.01).
- Community Control: Florida offers community control as a more restrictive alternative to probation. This option involves house arrest with strict monitoring by law enforcement. The individual is confined to their home except for approved activities like work or medical appointments. (Florida Statutes Section 948.10).
- Restitution: Florida law requires individuals convicted of these types of crimes to compensate victims for their financial losses. Restitution can be ordered in addition to or instead of a jail sentence. The court determines the amount and terms of repayment, which can be made through scheduled payments as part of probation or other non-incarceration sentences (Florida Statutes Section 775.089).
- Pretrial Diversion Programs: In some cases, first-time offenders accused of financial crimes may qualify for pretrial diversion programs. These programs offer the chance to avoid a formal conviction by completing certain requirements, such as counseling, community service, or educational courses. Successful completion can result in the charges being dropped. Eligibility for diversion depends on the specific offense and the individual’s criminal history (Florida Statutes Section 948.08).
Can a White Collar Crime Lawyer Defend Me?
Understanding the Charges Against You
One of the first things a lawyer can do is help you understand the specific charges you’re facing. White collar crimes usually involve complicated legal problems, and it can be difficult to grasp what you’re being accused of and the potential consequences. Your lawyer will explain the charges in plain language so you know exactly what’s at stake.
Gathering and Analyzing Evidence
In white collar crime cases, there is usually a lot of evidence to sift through, such as financial records, emails, and other documents. Your lawyer will carefully review all the evidence against you, looking for anything that might help your case. They will also help you organize any evidence that supports your side of the story.
Communicating with Law Enforcement and Prosecutors
Dealing with law enforcement and prosecutors can be intimidating. Your lawyer will handle these interactions for you, making sure your rights are protected throughout the process. They’ll communicate on your behalf, ensuring that nothing is said or done that could harm your case.
Advising You on Possible Outcomes
While it’s impossible to predict the exact outcome of your case, a lawyer can give you an idea of what to expect. They can explain the possible penalties you might face if convicted and what options you have to avoid the worst-case scenario.
Building a Defense Strategy
A key part of your lawyer’s job is to come up with a strategy to defend you against the charges. This involves figuring out the best way to present your side of the story, whether it’s challenging the evidence against you, negotiating with the prosecution, or preparing for trial.
Providing Support and Guidance
Facing criminal charges can be an extremely stressful experience. Your lawyer will not only fight for your legal rights but also provide you with the support you need to get through this difficult time. They can answer your questions, address your concerns, and help you make informed decisions about your case.
Protecting Your Reputation
White collar crimes can severely damage your reputation, even before a trial takes place. A white collar crime lawyer can help manage the situation by advising you on how to handle media attention, if any, and working to keep damaging information from spreading.
Assisting with Plea Bargains and Sentencing Negotiations
If you decide that it’s in your best interest to negotiate a plea deal, your lawyer will work to get you the most favorable terms possible. They will also help if you are facing sentencing, aiming to reduce the severity of the penalties you might face.
Additional Resources
White Collar Crime Victim Protection Act – This Florida law aims to protect individuals, particularly the elderly, from fraud and scams that result in significant financial loss. It defines “white collar crime” and establishes stricter penalties for those who commit these offenses, especially if they involve multiple victims or substantial amounts of money. The law also requires restitution for victims and allows for extended probation until full repayment is made.
FBI’s White-Collar Crime Program – The FBI’s program targets nonviolent crimes committed for financial gain, such as fraud, embezzlement, and money laundering. It focuses on high-profile cases that involve significant financial losses or have widespread impact. The FBI collaborates with other agencies to investigate and prosecute offenders, using advanced techniques to detect and prevent these crimes. The program also provides resources to educate the public on how to avoid becoming a victim.
Lawyer for White Collar Crimes in Brevard County Florida
Germain Legal represents clients issued arrest warrants in Brevard County, Indian River County, Volusia County, Osceola County including the cities of Melbourne, Palm Bay, Titusbay, Vero Beach, Gilford, Sebastian, Deltona, Daytona Beach, Port Orange, Kissimmee, and Poinciana.
Contact Germain Legal by calling (321) 775-3559 or submit information pertaining to your specific situation in our online form.
