Accusations of white-collar crimes can have drastic, immediate, and long-term consequences. In many cases, these come about because of basic errors in documentation or calculation, or a from a simple misunderstanding. In other cases, the real perpetrators attempt to evade responsibility by altering documents to appear that others from the business are guilty of the crime. Representation from a diligent criminal defense attorney can make all the difference in the world.
If you are facing accusations of illegal behavior, you could benefit from the fearless representation of a Clermont white-collar crimes lawyer.
The legal phrase “white collar crime” refers to offenses occurring within the corporate world, financial industry, and government sector. These offenses are typically non-violent.
There are situations where the bad acts of an individual in the organization might be attributed to others holding a role of authority since those in managing positions are generally prosecuted under a theory of being legally responsible.
These cases tend to last for years and involve extensive investigations by the state’s Department of Law Enforcement and the Federal Bureau of Investigation (FBI). The following are some of the frequent offenses meeting the designation of white-collar offenses.
Bribery occurs when individuals holding a key role in a business or government offer a gift of financial significance in exchange for some other actor making decisions to benefit those who provided the financial incentive. On the other hand, forgery can happen in connection with bribery when the person receiving the finances alters documents or provides inaccurate and misleading information.
Extortion happens when a person threatens physical, financial, or reputational harm unless someone provides them with money or something else of value. Extortion is synonymous with the term blackmail.
Embezzlement occurs when a person in a business or government moves custom or client funds to a separate account for personal use. Insider trading refers to sharing private information about a corporation so that a person or entity gains the upper hand in the stock market.
Money laundering is when money gained illegally is funneled through a company to make it appear as if it is legal, while fraud concerns an intentional misrepresentation of facts for financial purposes. Identity theft is also illegal, and concerns obtaining an individual’s personal information and using it for financial gain.
A white-collar charge is merely an allegation. To this end, business professionals could benefit from the legal skills of a Clermont white-collar crimes attorney who represents their best interests.
In Florida, white-collar crimes are felony offenses, and a requisite element is that the prosecutor must prove intent. This means a person meant to deprive another of their property—or conspire to—either momentarily or permanently. A first offender convicted of a non-aggravated white-collar felony offense generally receives a sentence of up to five years.
However, depending on the surrounding circumstances, they could receive ten years or more. Also, a financial requirement of a conviction is that the person must pay restitution.
The punishments for aggravated white-collar drastically increased. According to Florida Code § 775.0844, an aggravated offense is when a person commits two or more intentional white-collar crimes. A conviction could land a person in prison for 15-30 years. In addition to restitution, the person must pay a fee of $500,000 or more, depending on the full extent of the financial gain or harm.
However, evidentiary standards must be met by prosecutors before a person is found guilty of any of these offenses. A Clermont lawyer could provide a vigorous defense for those facing whit-collar crime accusations to get more probation and far less jail time.
Knowledgeable legal counsel from The Umansky Law Firm could investigate and provide suitable defenses to white-collar crimes such as:
In a large organization, it may take some investigating to identify what really happened and show proof that the defendant is innocent of the charges. It is important to call a Clermont lawyer early so the investigation can commence.
We know that this is a stressful time. To help ease your worries, you should book a free consultation with a Clermont white-collar crimes lawyer to discuss your situation and begin constructing your defense. Call our team today and learn about your next steps.
The Umansky Law Firm Criminal Defense & Injury Attorneys