White Collar Defense Lawyer West Palm Beach

What Are White Collar Crimes?

American folksinger and union organizer, Woody Guthrie, penned the ballad of “Pretty Boy Floyd” around 1939. The song was a musical defense of an outlaw who may have robbed banks, but unlike the banks he robbed, never drove people from their homes for falling behind on their mortgage payments. And although foreclosing on a homestead is not an illegal act, it was, at least in the eyes of Guthrie, a moral crime against innocent people whose financial situations were made dire by the Great Depression. They were robbed by pen-wielding bankers. From the song “Pretty Boy Floyd,” by Woody Guthrie:

Yes, as through this world I’ve wandered; I’ve seen lots of funny men; Some will rob you with a six-gun, And some with a fountain pen.

In that same year, sociologist Edwin Sutherland penned the first known definition of white collar crime within the rubric of the criminal justice system: “a crime committed by a person of respectability and high social status in the course of his occupation.” As time went on, white collar crime became understood as those crimes committed by professionals, business people and public officials (people who usually wore white collars to work, as opposed to the blue collared shirts more often worn by lower class workers and laborers) that generally involve a deliberate attempt to mislead, defraud, or deceive others.

The U.S. Department of Justice defines white collar crime as: “those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. These acts are committed by individuals and organizations to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.”

The breadth of white collar crime is broad. It may include everything from a lone accountant pilfering funds from the company ledger, to a government official taking bribes from a political ally, to a large corporation improperly disposing of hazardous waste that poisons a city’s water supply. It almost always contains a certain degree of premeditation and often an organized conspiracy among several perpetrators. Its victims may be a business, an employee, a consumer, or the general public. Typical white-collar crimes include:

• Crimes of Theft – embezzlement; extortion; forgery; Ponzi schemes; mortgage, healthcare, telemarketing, accounting, consumer, credit card, bankruptcy, and insurance fraud; cybercrime; copyright infringement; money laundering; medical crimes, identity theft; blackmail; economic espionage.
• Crimes Against Public Administration – bribery; obstruction of justice; official misconduct; perjury.
• Regulatory Offenses – environmental, labor, and manufacturing violations; unfair trade practices; insider trading; tax evasion; campaign and election related crime.

The Federal Bureau of Investigation (FBI) and the Association of Certified Fraud Examiners estimate that the total cost to the United States of white collar crime is between $300 and $660 billion per year.

Examples of White Collar Crimes

The term white-collar crime refers to a non-violent crime that is economic in nature, committed by business professionals (CEO, CFO, Manager, etc.) through fraud, deception, and theft against the public, theft against stockholders, etc.

Some of the types of White Collar / Fraud Crimes that our firm handles includes, but is not limited to:

• Bribery
• Stock manipulations, insider trading
• Fraud (credit card fraud, bank fraud, etc.)
• Embezzlement
• Forgery
• Counterfeiting
• Extortion
• Tax evasion
• Identity theft
• Money laundering
• Worthless checks
• Insurance fraud

Prosecuting White Collar Crimes

White collar crimes can violate both state and federal criminal laws. However, if the crime crosses state or national boundaries with regard to suspects, victims and/or stolen property, the FBI is more likely to investigate the offense, the United States Attorney’s Office is more likely to prosecute the perpetrator(s), and a federal court will be the venue for the case.

Penalties may include fines, probation and/or jail sentences. In addition, the federal Mandatory Victims’ Restitution Act of 1996, as well as many state laws, provide that victims may be entitled to “restitution” for certain losses suffered as a direct result of a crime for which a defendant was convicted. That means that the offender must repay what was stolen.

Florida’s White Collar Crime Statutes

The White Collar Crime Victim Protection Act (Fla. Stat. § 775.0844) lists the various crimes and penalties for white collar crime in the Sunshine State:

• Fraud – intentionally deceiving someone else in order to receive personal or financial gain. Crimes include: identity theft, credit card fraud, making false statements, making false financial entries, making false insurance claims, fraudulently changing identification marks on property, and obtaining vehicles by fraud.
• Forgery and Counterfeiting – intentionally making, altering, forging or counterfeiting any type of document or instrument with the intent to defraud someone. Crimes include: forging bank bills, checks, drafts, promissory notes, and wills; counterfeiting currency or controlled substances.
  Identity Theft – taking or using personally identifying information of another person without authorization and using the information for fraudulent purposes.
• Embezzlement – taking or manipulating money or property of an employer by an employee for personal gain.
• Credit Card Fraud – obtaining someone else’s credit card or card information through theft of deceit; making false statements to a person to gain access to his or her financial condition or identity; fraudulently using another person’s credit card.
• Giving Worthless Checks – writing a check to purchase an item knowing that there are insufficient funds in the account to cover the charges.

A conviction for any of these crimes can result in penalties ranging from a second degree misdemeanor to a first degree felony, depending upon the severity of the offense and whether the perpetrator has a criminal history. Aggravated white collar crime (committing white collar offenses against 10 or more elderly persons, 20 or more persons in general, or against the state of Florida, any state agency or any state political subdivision, and obtaining or attempting to obtain $50,000 or more) is a first degree felony that may result in a fine of up to $500,000, or double the value of the offender’s financial gain.

Potential Repercussions for White Collar Crimes

With white collar crimes, you have to act immediately to protect your legal rights. These cases are often complex, and involve many complicated legal and factual matters. Early and aggressive intervention is critical to your case. White collar offenses are punishable by probation, house arrest, repayment of stolen funds, fines, and imprisonment. It is important that you know and understand your rights, and select an experienced, highly skilled attorney to represent you.

Seeking Legal Help For White Collar Crime Defense

By its very nature, white collar crime often lends itself to different interpretation. For example, you may be accused of a white collar crime but a prosecutor must have evidence of intent in order to secure a conviction. Therefore, you need to have competent legal counsel by your side in order to represent and defend you.

Here at The Suskauer Law Firm P.A., our criminal defense attorneys are knowledgeable in all aspects of white collar crime and have broad experience with the federal court system where most cases are tried. Don’t wait. Contact us today for help if you are charged with a crime, or believe you will be charged in the near future.

You may be facing prison time, probation, fines and/or a requirement to pay restitution to alleged victims, in addition to the potential damage to your career, your family and your reputation. Allow us to assess the case against you and explain the possible outcomes, research all the legal issues in your case, and pursue the best possible resolution for you.

Frequently asked questions about white collar crime charges in Florida

What should I do if I receive a grand jury subpoena? 

If you receive a grand jury subpoena, call a lawyer before you produce anything or appear. A subpoena can mean you are a witness, a subject, or a target, and the difference determines whether you should testify at all. A lawyer can contact the prosecutor to find out which you are, negotiate the scope and timing of document production, and protect privileged material. Do not destroy, delete or "clean up" anything after receiving a subpoena; that becomes an obstruction charge that is often easier to prove than the underlying case. Respond on time, through counsel.

Can a business dispute turn into criminal charges in Florida? 

Yes, a business dispute can turn into criminal charges in Florida. Disputes over money between partners, contractors, employees and clients are reported to police as theft, fraud, or exploitation more often than people expect, particularly when the other side has more leverage or a lawyer who suggests it. Florida's scheme to defraud statute (Fla. Stat. 817.034) and its grand theft statutes are broad enough to cover many failed business relationships. Whether the State Attorney's Office in West Palm Beach files charges often depends on what is presented to them first, so a civil dispute drifting toward accusations of fraud should have a criminal lawyer looking at it early.

What is the difference between fraud and theft in Florida? 

The difference between fraud and theft in Florida is deception. Theft is taking or using someone's property without permission (Fla. Stat. 812.014). Fraud is obtaining property or a benefit through a lie or misrepresentation, and Florida has dozens of fraud statutes for specific situations: scheme to defraud, insurance fraud, mortgage fraud, credit card fraud, and workers' compensation fraud among them. Penalties for both are tied to the amount: $50,000 or more in a scheme to defraud is a first degree felony with up to 30 years (Fla. Stat. 817.034). Prosecutors often charge both for the same conduct.

Will I have to pay restitution in a white collar case? 

You will almost certainly have to pay restitution in a white collar case if you are convicted or plead. Florida law makes restitution to the victim mandatory in most cases (Fla. Stat. 775.089), and federal law does the same for most fraud offenses. Restitution is separate from fines and is not discharged in bankruptcy. It also shapes the case: the amount of loss drives the sentencing range in both state and federal court, so disputing how the loss was calculated is often the most valuable work in the case. Paying restitution early, where possible, can affect both the filing decision and the sentence.

Can white collar charges be resolved without a trial? 

Yes, white collar charges are often resolved without a trial. Many end in a negotiated resolution, a diversion agreement, or a dismissal after the State reviews a presentation from the defense. Some never reach charges: the investigation ends after documents and explanations are provided through counsel. Whether any of those paths applies depends on the evidence, the amount, and how early counsel is involved. No lawyer can promise a particular result. What a lawyer can do is make sure the decision makers, the prosecutor and the judge, see your side of the ledger before they decide.

Is there a statute of limitations on fraud in Florida? 

The statute of limitations on fraud in Florida is generally 3 years for a felony and 4 years for a first degree felony, with an extension for late discovery. The base periods are in Fla. Stat. 775.15. For offenses based on fraud or breach of fiduciary duty, the clock does not start until the victim discovers the offense, up to 1 year after discovery, though not more than 3 years beyond the normal limit. Federal fraud is generally 5 years, or 10 for frauds affecting a bank. Old transactions are not automatically safe, and the dates need to be analyzed in every case.

Will a white collar conviction affect my professional license in Florida? 

Yes, a white collar conviction can affect a professional license in Florida. Physicians, nurses, real estate agents, insurance agents, financial advisers, accountants and lawyers all have licensing boards in Florida that require reporting a conviction or plea within 30 days, and some require reporting a charge, and that can discipline a licensee for a crime related to the practice or a crime of dishonesty regardless of how the criminal case ends. Some boards treat a withhold of adjudication the same as a conviction. The criminal defense and the license defense have to be coordinated from the start, because a plea that looks acceptable in criminal court can end a career.

Contact an experienced, aggressive white collar crime attorney in West Palm Beach

If you have questions regarding white collar crimes or criminal defense litigation, please do not hesitate to contact us for a free consultation so we can review your case. We are happy to meet or speak with you anytime. Our legal team is highly experienced, aggressive, and will fight for your rights!