When you hear the term white-collar crimes, it most likely brings a mental image of either Enron or Bernie Madoff’s Ponzi scheme. But in reality, the most common white collar crimes are small scale offenses that tend to involve defrauding another individual. This can be through stealing another’s identity to get a loan or taking an individual’s credit card without permission and using it to fill up your car.
No matter what the case may be, the state of Florida has extremely harsh sentencing guidelines for those convicted of a white-collar crime in the state. Along with the possibility of charges from your home state, there are also white-collar offenses that may involve the federal government, possibly adding to the charges you are already dealing with.
Although the state and federal government will most likely attempt to prosecute you to the furthest extent of the law, as a citizen of the United States you have inalienable rights that are to be protected. Having an strong and capable criminal defense attorney at your side during this difficult and stressful situation is a vital part of successfully arguing your case and overcoming the charges.
Although these are typically non-violent offenses, being convicted of a white-collar offense can have serious ramifications to you social, professional and financial well-being. With this being the case, working with an experienced and aggressive criminal defense attorney will allow you to approach the criminal process in the most effective manner possible, giving you a greater chance at getting the charges reduced or completely dismissed.
William Roelke, the founder of the Jacksonville firm Roelke Law, P.A., is an experienced criminal attorney serving Northeast Florida. He has a distinct commitment to the clients her serves with a particular interest in making certain that their individual rights are protected throughout the entire process, no matter what.
William Roelke also understands that human error can punish a person due to false or exaggerated charges. This can turn an individual’s life upside down in an instant, no matter if they committed the act or not. It is critical to consider all of your defense options, regardless of the circumstances of the alleged criminal offense.
To schedule a risk-free consultation to discuss your case with William Roelke, call (904) 354-0333 or send an online message today. Roelke Law proudly represents individuals accused of prostitution throughout Northeastern Florida, including Duval County, St. Johns County, Clay County and Nassau County.
White-collar crimes tend to be nonviolent in nature, carried out with the goal of using another person’s financial resources and personal information for their own gain. One of the most common forms of white-collar crime is credit card fraud. Many credit card offenses in Florida are defined in the State Credit Card Crime Act, including making a false statement to a person to gain access to their financial condition or identity, obtaining someone else’s credit card through theft or other fraudulent means, and fraudulently using another person’s credit card. The offenses listed in Florida’s State Credit Card Crime Act are punishable as either misdemeanors of the first degree or felonies of the third degree.
Another type is of financial crime is Embezzlement. These offenses involve taking of money or property that does not belong to you through unlawful or fraudulent means. Various types of embezzlement are prohibited under laws preventing False Pretenses and Frauds (Fla. Stat. §817.02-817.569)
Identity Theft, on the other hand, occurs by willfully taking or using personally identifying information of another person without their authorization and using that information for fraudulent persons (817.568). This offense is punishable as a misdemeanor of the first degree, or felony of the first, second or third degree, depending on the financial gain the offender received from committing the offense, the number of victims, the age of the victim, and how the crime was perpetrated. First and second-degree identity theft felonies can also result in mandatory prison sentences.
One of the oldest forms of white-collar crime is Forgery and is still very prevalent. These offenses generally occur when a person false makes, alters, forges or counterfeits any type of document or instrument with the intent to defraud someone. There are a variety of offenses that can constitute forgery or counterfeiting, including, but not limited to, forging bank bills, forging checks, forging drafts, forging promissory notes, forging wills, counterfeiting currency, and counterfeiting controlled substances.
Another form of fraud within the white-collar lexicon is Healthcare Fraud. This offense involves obtaining goods or services from a health care provider under false pretenses. Providing a false name or identification is prima facie evidence of health care fraud. Health care fraud is a second-degree misdemeanor (Fla. Stat. 817.50)
Similarly, Mortgage Fraud is another relatively common offense. Obtaining a mortgage or mortgage note through dishonest means is prohibited under FL. Stat. §817.52 and is classified as a third degree felony. Other types of mortgage fraud are addressed under Fl. Stat 817.545. Telling lies related to important issues (i.e. making material misstatements) can be considered mortgage fraud for purposes of this Act, unless the lie relates to employment, assets or income for a loan that does not require this information.
White-collar criminal penalties under state law are generally more lenient than federal punishments, as defined in Fla. Stat. §§ 775.082 and 775.083. A conviction for these types of penalties may result in misdemeanors or felonies, depending on the severity of the offense and whether the offender has previously been convicted. In addition to the basic sentencing guidelines listed below, offenders may also be required to pay restitution, cover court costs, serve mandatory sentences, and pay supplementary fines.
If an individual commits an aggravated white-collar crime, which is 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, can be charged with a felony of the first degree. Additionally, aggravated white-collar crime offenders can be required to pay a $500,000 fine, or double the value of the offender’s financial gain.
Federal Bureau of Investigation – White Collar Division – This site is the home for the white collar crime division for the FBI. It includes information on their duties and responsibilities along with resources on many different types of fraud.
Florida Office of the Attorney General – Consumer Protection – This is the main site for the current attorney general of the state of Florida and their consumer protection department. You can find information on what Florida law provides for consumer protection, protecting yourself from fraud, economic crimes, identity theft, lemon law and consumer alerts.
United State Securities and Exchange Commission – This site is the primary page for the SEC, which is a federal agency that is tasked to protect investors from financial crimes while also regulating financial markets in the United States. It provides information on its method of enforcement, regulation and filings.
If you or a loved one has been charge with, or under investigation for, a white-collar crime in Florida, now is the time to take the steps necessary to protect your future by working with a qualified criminal defense attorney who can effectively represent you in court.
To schedule a free and confidential consultation and personally discuss your options with William Roelke, call (904) 354-0333 or send an online message. In addition to working with residents of Jacksonville, William Roelke also proudly represents individuals throughout Duval County, St. Johns County, Clay County and Nassau County.
