White-collar crimes are non-violent offenses that are still considered profoundly serious. Being accused of a violent crime can devastate the future for you and others involved. When you’re facing criminal charges for a white-collar crime, the right attorney can help you understand your options. It’s easy to become overwhelmed. When you need help figuring out where to go or what to do, our office is on your side and ready to support you through this.
At the Case J. Darwin Law Office, we’re committed to helping you navigate the charges of a white-collar crime. The outcome of your case may depend on how quickly you act, so call us today at 210-630-4780.
What’re White-Collar Crimes?
White-collar crimes are commonly known as non-victimless crimes and usually aren’t violent. These crimes are generally associated with making money illegally and may include fraud or tax evasion. The FBI monitors these crimes closely with law enforcement and regulatory agencies, including the following:
- The Internal Revenue Service.
- The Securities and Exchange Commission.
- The U.S. Postal Inspection Service.
- The Commodity Futures Trading Commission.
- The Treasury Department’s Financial Crimes Enforcement Network.
Felony White Collar Offenses
If more than $1,500 is stolen, the crime becomes a felony white-collar offense. Depending on the amount and the charge, the penalties for a felony white-collar crime can be severe even though they’re considered non-violent. Penalties can include the following:
- Theft of between $1,500 to $20,000 is punishable by 180 days to two years in jail and up to a $10,000 fine.
- Theft of between $20,000 and $100,000 is punishable by two to 10 years in prison and up to a $10,000 fine.
- Theft of between $100,000 and $200,000 is punishable by up to 20 years in prison and a $10,000 fine.
- With over $200,000 in theft, you can be sentenced up to 99 years and a $10,000 fine.
Remember that there may also be federal and state charges for white-collar crimes. The penalties for a white-collar crime may be worse if an individual is accused of stealing a large amount of money, has caused harm to many people, has a prior criminal history, or has defrauded people of specific demographics, including the elderly.
Common White-Collar Crimes
Common white-collar crimes include tax evasion, embezzlement, credit card fraud, money laundering, corporate fraud, and health care fraud.
Tax evasion occurs when a person or business entity deliberately avoids paying their owed tax liability. Willfully failing to pay taxes is a federal offense and includes the non-payment or underpayment of actual tax liabilities.
Embezzlement is fraud in which a person or an entity intentionally misappropriates assets entrusted to them. Someone who embezzles attains the assets lawfully, and though they have the right to possess them, they use them for unintended purposes. A Ponzi scheme is a type of embezzlement.
Credit Card Fraud
Credit card fraud generally falls into two categories: account takeover and application fraud. Account takeovers typically involve hijacking an existing credit card account, changing the mailing address, and requesting a replacement card. Another account takeover is called skimming. Application fraud occurs when someone gets enough personal information about a person and completes the application to obtain a card in that person’s name.
Money laundering allows people to avoid prosecution, hide and accumulate wealth, increase profits through reinvestment, fund criminal activity, and avoid taxes. Money laundering includes the following:
- Placement: The laundered money is entered into the financial system.
- Layering: Layering involves moving money, separating the money from the source, and creating a trail through financial transactions.
- Integration: The proceeds are returned to the individual through what appears to be a legitimate source.
Self-dealing by corporate executives, accounting schemes, and obstruction of justice are covered under corporate fraud. This also includes falsification of financial information by conducting one or more of the following:
- Misrepresenting financial conditions or falsifying accounting.
- Fraudulent trading to hide losses or to inflate profit.
- Escaping regulatory oversight through illicit transactions.
It also includes self-dealing by corporate insiders through insider trading, misuse of corporate property for personal gain, kickbacks, and individual tax violations related to self-dealing.
Health Care Fraud
Patients, medical providers, and others who deceive the health care system to receive unlawful payments or benefits commit health care fraud.
How Can a Criminal Law Attorney Help?
If you’ve been accused of a white-collar crime with the potential of hefty fines and time in prison, it’s crucial to have an experienced, skilled lawyer on your side to protect your rights. Case J. Darwin understands the complex laws surrounding white-collar crimes as well as the criminal process.
About Case J. Darwin
Case J. Darwin is an experienced criminal defense and white-collar crime attorney licensed to practice law in Texas. He’s fluent in Spanish and is a former prosecutor and briefing attorney for the Houston First District Court of Appeals. Case J. Darwin is proud to serve the following counties and areas:
- Del Rio.
- Bexar County.
- Maverick County.
- Comal County.
- Gonzales County.
- Guadalupe County.
- Lavaca County.
Case Darwin graduated from the University of Texas B.A. with Higher Honors, Phi Beta Kappa, in 2003. He attended Texas Tech University School of Law, summa cum laude, in 2007. He was an associate for Haynes and Boone, an “Am Law 100” firm. If you want a lawyer with the experience necessary for your case, contact our office today for a consultation.
Contact the Case J. Darwin Law Office Today
If you’re in the San Marcos area and need a white-collar crime attorney, contact the Case J. Darwin Law Office today. Our team is here to make certain that you’re appropriately represented and that your rights are protected. Being accused of a crime can be a life-changing event and affect your employment, schooling, family, and life. Case J. Darwin understands this, so it’s in your best interest to have him represent you, your liberty, your freedom, and your record. Complete our secure online form to get started. Case J. Darwin will provide a free consultation to discuss your case.