White Collar
Understanding White Collar Crimes: Types and Penalties
White-collar crimes, often associated with individuals in positions of trust and authority, have gained prominence in recent years. These non-violent offenses typically involve deceit, manipulation, or abuse of power for financial gain. As businesses become more complex and interconnected, the opportunities for white-collar crimes have increased, necessitating a deeper understanding of the types and penalties associated with these offenses.
Types of White Collar Crimes
Fraud
Fraud is perhaps the most common type of white-collar crime. It involves intentionally deceiving someone for financial gain. This can take various forms, including securities fraud, mortgage fraud, and insurance fraud. Individuals may falsify documents, misrepresent information, or engage in other deceptive practices to obtain money or assets.
Embezzlement
Embezzlement occurs when someone entrusted with managing funds misappropriates them for personal use. This could be an employee pilfering from company funds, a financial advisor diverting client investments, or a public official misusing government funds. Embezzlement cases often hinge on the breach of trust between the accused and the victim.
Insider Trading
Insider trading involves trading securities based on material, non-public information. This type of white-collar crime is prevalent in the financial industry, where individuals with privileged information can gain an unfair advantage in the stock market. The penalties for insider trading can include hefty fines and imprisonment.
Money Laundering
Money laundering is the process of concealing the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses. Criminal organizations often engage in money laundering to legitimize their illicit gains. Penalties for money laundering vary, but they are generally severe due to its association with other criminal activities.
Bribery
Bribery involves offering, giving, receiving, or soliciting something of value to influence the actions of an official or other person in a position of power. This can occur in both public and private sectors and is often linked to corruption. The consequences of bribery can be severe, leading to legal actions against both the giver and receiver.
Penalties for White Collar Crimes
Financial Penalties
White-collar crimes often result in significant financial penalties. Offenders may be required to pay restitution to the victims, fines, and forfeitures of ill-gotten gains. The financial consequences can be substantial, aiming to deter individuals from engaging in such activities and compensating those who suffered financial losses.
Imprisonment
Depending on the severity of the white-collar crime, individuals convicted may face imprisonment. The length of the sentence is determined by factors such as the amount of money involved, the level of deception, and the impact on victims. High-profile cases have seen perpetrators serve lengthy prison terms to send a strong message against white-collar crime.
Restitution
Courts often order offenders to make restitution to the victims. This involves compensating those who suffered financial losses as a result of the white-collar crime. Restitution aims to restore victims to the financial position they would have been in had the crime not occurred.
Probation
In some cases, individuals convicted of white-collar crimes may be sentenced to probation instead of, or in addition to, imprisonment. During probation, offenders are closely monitored, and they must adhere to specific conditions set by the court. Failure to comply with probation terms can result in more severe consequences.
Contact Us
As white-collar crimes continue to evolve in complexity, it is crucial for individuals, businesses, and legal professionals to have a comprehensive understanding of the types and penalties associated with these offenses. The legal system is adapting to address the challenges posed by white-collar crimes, with an emphasis on deterring potential offenders and ensuring justice for victims. Contact us today to stay informed about these issues, so we can contribute to a society that values integrity, transparency, and accountability in both business and personal affairs.
Federal Fraud
Under Federal law, fraud occurs when an individual uses deception or misrepresentation to intentionally turn a profit. Federal fraud is typically financially motivated.
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Identity Theft
This is a serious crime in which someone uses another person’s personal identifiers like a birth certificate or credit card number without permission to commit fraud or any other crime.
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Money Laundering
This is the process of hiding money obtained illegally. Money launderers “clean” money using several bank transfers and transactions to conceal its origins.
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Counterfeit
Alleged counterfeiters are typically accused of imitating authentic cash currency, and then using it to purchase goods or services using deception and illegal transactions.
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Organized Criminal Activity
This criminal activity is typically committed by a larger crime syndicate that engages in crime for profit. Generally, alleged organized criminals are accused of crimes like drug trafficking, money laundering, extortion, and more.
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PPP Loan Criminal Prosecutions
Under the CARES Act, the Paycheck Protection Program (PPP) through the Small Business Administration (SBA), guaranteed loans to persons and businesses whose income declined due to the COVID-19 pandemic.
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Criminal Prosecutions of EIDL Loans
The Economic Injury Disaster Loans (EIDL) program was the first federal small-business assistance program activated to fight the economic crisis caused by the coronavirus pandemic.
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Federal Criminal Process – A Short Summary
I. FEDERAL JURISDICTION A. Federal Cases Federal criminal cases are prosecuted in federal court that has a federal connection. An example would be a
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Foreclosure Scam Prosecutions
I. “Foreclosure Scams” The term “foreclosure scam” refers to a plan of action that prevents, or attempts to prevent, foreclosure of residences or other real estate, but involves making false…
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OSHA Criminal Prosecutions
I. OSHA and Historical Actions The Occupational Safety and Health (OSH) Act was established to ensure that employees have safe environments to do their work. The Occupational Safety and Health…
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Foreign Corrupt Practices Act
An Overview of Bribery Allegations Investigated and ProsecutedBy John Teakell, Attorney at Law, Dallas, Texas, 2010 The Foreign Corrupt Practices Act (FCPA) was enacted in 1977 and revised in 1998…
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Health Care Prosecutions
I. Types of Health Care Fraud The types of “health care fraud” that you usually see prosecuted in federal court includes: Medicare/Medicaid Fraud-Overcharging the patient for services-Prescribing unnecessary services...
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Money Mules Prosecutions
PROSECUTIONS OF MONEY MOVERS OR “MONEY MULES” Conspirator or Money Launderer I. WHAT IS A “MONEY MULE” Often fraudsters will contact people claiming that they need help, or claiming that…
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Refund Schemes Prosecution
United States Attorney’s Offices and the U.S. Department of Justice actively investigate and prosecute refund fraud schemes, which are designed to fraudulently obtain refunds from retail businesses...
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What Does a White Collar Lawyer Do?
White collar law is a highly specialized practice. The Law Office of John Teakell conducts research, drafts a strong defense strategy, crafts an argument based on the facts, and works closely with you to get the best possible results.
Most white collar crime is investigated by federal prosecutors, which is why you need a senior defense attorney with experience representing defendants at that level. The in-house investigation process may include a thorough investigation, accumulating resources, and combatting detrimental witness testimonies. John Teakell will work closely with you to formulate the strongest possible defense.
Blurred Lines Between White Collar Crime and Computer Crimes
As technology continues to become more integrated into the business world and daily life, more overlap is seen between white-collar and computer crimes. John Teakell is an experienced legal attorney with over 30 years of experience in working white collar crimes and has a successful record of representing clients charged with computer crimes.
White-Collar Crime Penalties and Punishment
The penalties and punishments for white-collar crimes stipulated in the Texas Penal Code vary depending on the crime and the individual’s criminal history. The baseline punishments for white collar crime in Texas consist of the following:
- Class C misdemeanor: Maximum fine of $500
- Class B misdemeanor: Up to 180 days in jail and a maximum fine of $2,000
- Class A misdemeanor: Up to 2 years in a state jail and a maximum fine of $10,000
- State Jail Felony: Up to 2 years in jail and a maximum fine of $10,000
- Third-degree Felony: Up to 10 years in prison and a maximum fine of $10,000
- Second-degree Felony: Up to 20 years in prison and a maximum fine of $10,000
- First-degree Felony: Up to 99 years in prison and a maximum fine of $10,000
Criminal Defense Attorney John R. Teakell Can Help
Whether you suspect you are being investigated for a white collar crime or have already been arrested, John Teakell can help. As a former state and federal prosecutor, he has the knowledge and experience you need to contest jurisdiction, challenge evidence, find expert witnesses, and present your case at trial if necessary.
White collar crime is common in Texas and requires experienced legal representation. There are a range of defenses against white collar crime for any accused individual. As an experienced criminal defense attorney, John Teakell evaluates each case thoroughly to craft a defense based on the facts.
If you or a loved one is facing white collar crime allegations in Dallas or the surrounding area, contact our office today.