White-collar crimes generally refer to crimes committed by people in positions of power, such as business executives, bankers, and public officials. White-collar crimes can be punished by state law, federal law, or both, depending on the type of crime committed. Some white-collar crimes implicate federal law because the activities cross state lines or implicate international policies.
Most white-collar crimes are based on either theft or fraud. White-collar crimes are often called financial or economic crimes because they usually involve illegally obtaining money or something of value that can be easily exchanged for money.
Given that, fraud is defined as the “an intentional perversion of the truth” or a misrepresentation of a material fact, that causes another person to trust or believe the fraudulent individual to his or her detriment.
Theft or larceny is the “taking or carrying away of tangible personal property by trespass, with the intent to permanently deprive him or her of their interest in the property.”
If you or someone you know has been charged with a white-collar crime in Melbourne, Florida, contact an experienced criminal defense attorney who has handled multiple types of economic crimes.
Our office takes clients throughout the courtrooms in Brevard County, FL, in areas like Seminole County, Indian River County, Volusia County, Orange County, Florida.
Call Law Offices of Germain & McCarthy, LLC at (321) 253-3447 now for more information about how one of our experienced criminal defense attorneys can help you.
While many white-collar crimes in Florida involve a theft or fraud offense, Florida law outlines the various types of crimes that fall under each category.
Embezzlement: one of the most common white-collar crimes, embezzlement involves the theft of money or property that was entrusted to the accused. Embezzlement differs from regular theft in that the individual uses his or her position to access property that he or she would not otherwise have had access to and appropriates the property to his or her own use.
False Impersonation: occurs when a person falsely represents his or herself as another person or as having authority that he or she does not have in order to obtain property, typically in an identity theft context.
Receiving Stolen Property: involves receiving stolen goods by buying or acquiring the possession of property knowing that it was obtained though unlawful means such as theft, embezzlement, or extortion. The receiver must know that the goods were stolen at the time or she receives the property and must have had the intent to aid in theft.
Mortgage Fraud: involves an individual making a material misstatement or misrepresentation on an application for a mortgage in violation of Florida Statute § 817.545, or making a misstatement about his or her income or employment on a mortgage application in order to obtain the mortgage. Mortgage fraud is a third-degree felony.
Credit/Debit Card Fraud: involves obtaining money, services, or goods using a debit or credit card that has been stolen, forged, or otherwise used without the owner’s consent, in violation of Florida Statute § 817.61. Credit or debit card fraud is charged as a first-degree misdemeanor, unless the card was used to obtain more than $100 or was used more than twice in six months.
Insurance Fraud: involves knowingly submitting false, incomplete, or misleading information to an insurer with the intent to defraud, deceive, or injury the
Generally, the penalties for a white-collar crime offense will depend on the type of crime that the individual was accused of and the value of the property allegedly stolen. For example, credit or debit card fraud can be charged as a first-degree misdemeanor, while mortgage fraud may be charged as a third-degree felony.
Thus, a white-collar crime charge will depend on the type of offense alleged and the amount of money stolen. White-collar crimes may be charged as felonies or misdemeanors. White-Collar crimes may be charged in the following manner:
If you or someone you know has been charged with an economic crime in Brevard County, Orange County, Seminole County, Volusia County, or Indian River County, Florida, it is in your best interest to speak with an experienced criminal defense attorney.
Contact Melbourne Criminal Defense Attorneys at Law Offices of Germain & McCarthy, LLC for more information about how our lawyers fight for the best possible defense.
Call (321) 253-3447 to schedule a free, no obligations, consultation with one of our experienced attorneys.
This article was last updated on Tuesday, October 17, 2017.