White-collar crimes may not be as splashy as violent felonies that get reported on the nightly news, but don’t be fooled by the calm name, in Florida, these offenses are aggressively prosecuted.
Our white-collar defense lawyers have represented many professionals, business owners, and everyday people both in Ponte Vedra Beach and across the state who never thought they would be under criminal investigation. But overnight, they’re hit with charges of fraud, embezzlement, or some other financial crime, with their reputation and their freedom at stake.
If you are under investigation for or have been charged with a white-collar crime, you must understand what you are up against. These are grave accusations with tangible, long-term consequences.
What is a White-Collar Crime?
White-collar crimes are non-violent offences. These are mostly financial in nature and result in the acquisition of wealth. Typically, they are thefts by fraud or misrepresentation of facts to deceive.
Below are examples of the most common white-collar crimes:
- Fraud (wire, mail, insurance, tax)
- Embezzlement
- Bribery and corruption
- Identity theft
- Money laundering
- Cybercrimes
- Insider trading and securities violations
Florida prosecutors and federal agencies take these offenses very seriously. That’s why understanding the types of white-collar crimes and potential penalties is so important.
Types of White-Collar Crimes
Several illegal activities fall under white-collar crimes, including but not limited to the following:
Fraud
One of the most common forms of white-collar crime is wire fraud. Other forms of fraud include mail fraud, insurance fraud, tax fraud, and so on.
Embezzlement
To embezzle is to intentionally take or misuse property that has been entrusted to you by the rightful owner. Typically, a manager, guardian, or someone in a position of authority will siphon proceeds off a business or estate.
Bribery and Corruption
Offering or accepting something of value in exchange for influence or favorable treatment, involving public officials or private individuals, can lead to state or federal charges under corruption statutes.
Identity Theft
Using another individual’s personal information, such as their Social Security number or financial accounts, to open lines of credit, file tax returns, or commit other illegal activities is a felony in Florida under Florida Statutes § 817.568.
Cybercrimes
Florida has passed strict cybercrime laws over the years. Whether it’s hacking into databases, stealing digital financial records, or committing fraud via phishing, any cybercrime committed anywhere in Florida can be charged under both state and federal cybercrime laws.
Money Laundering
Laundering money involves processing illegal proceeds through legitimate channels to hide their origin. Money laundering is often charged alongside drug or fraud offenses, which makes defending these charges even more complex.
Securities Violations
Insider trading, market manipulation, and investor misrepresentation fall under this umbrella. If the SEC or DOJ gets involved, you will likely deal with federal charges and sentencing guidelines.
What Affects the Penalty for White-Collar Crimes?
When determining sentencing, several key factors influence the outcome:
- Amount of Money: Larger sums typically lead to tougher fines and longer sentences.
- Number of Victims: More victims often result in harsher penalties for the offenders.
- Conspiracy Involvement: If multiple participants are involved in the act, you could face conspiracy charges.
- Criminal History: Prior crime history counts too. A clean record can reduce penalties, while repeat offenders usually face harsher consequences.
- Cooperation Level: Willingness to assist investigators can lead to reduced or much lighter sentences.
State vs. Federal Charges
For white-collar crimes committed in Florida, the charges can happen at state level, federal level, or both, depending on the nature of the crime. Here’s what you need to know about state and federal cybercrime charges.
Jurisdictional Differences
Florida’s state attorneys can prosecute crimes such as embezzlement or insurance fraud. However, if the offender’s actions cross state lines, they use interstate communications, or involve federal agencies, the feds may step in, making the charges federal. The FBI, IRS, and SEC often lead these investigations.
Court Process
Federal cases typically involve a grand jury, federal agents, and proceedings in federal court. This means a different set of procedural rules and a higher level of scrutiny.
Sentencing Guidelines
The United States Sentencing Commission governs federal sentencing. These guidelines consider the amount of loss, the number of victims, and other aggravating factors to determine potential penalties such as fines, probation, house arrest, and prison time.
What Penalties Can You Face?
If you find yourself convicted of a white-collar crime, the consequences can be pretty harsh, even if it’s your first offense.
- Fines: These can vary widely, from thousands to millions of dollars, depending on how much financial damage was done.
- Restitution: Courts might require you to repay victims for what they lost.
- Incarceration: Federal prison sentences for white-collar crimes can last several years.
- Probation: While it’s less severe than prison, probation comes with strict rules and monitoring.
- Asset Forfeiture: The government might take away property or money that they believe is linked to the crime.
- Loss of Licenses: Professionals like lawyers, accountants, or brokers could lose their licenses, putting their careers at risk.
Collateral Consequences of a Conviction
The fallout from a white-collar conviction goes beyond just jail time or fine, it can change impact your life in other significant ways, including:
- Reputation and Career: Your name could be forever associated with a public criminal charge.
- Employment and Housing: Background checks might ruin your chances of landing a job or securing a rental.
- Loss of Rights: A felony conviction could mean losing your right to vote or own a gun in Florida.
- Civil Lawsuits: Even after serving your sentence, victims can still sue you in civil court.
Can White-Collar Charges Be Defended?
Absolutely! But it requires a solid strategy, experience, and a strong defense team in your corner. Common defenses include:
- Lack of intent: If you didn’t knowingly commit fraud, the prosecution might struggle to prove their case.
- Insufficient evidence: Questioning the reliability of financial records or witnesses can weaken their argument.
- Mistaken identity: In cases of cybercrime or wire fraud, identities are not uncommon to be confused.
- Entrapment: If law enforcement pushed you into committing a crime you wouldn’t have done otherwise, that could be a valid defense.
As experienced Ponte Vedra Beach criminal defense attorneys, our legal team is dedicated to negotiating charges, suppressing any unlawfully obtained evidence, and exploring alternatives to secure the best outcome for our clients.
White-Collar Crime Carries Serious Consequences; Know Your Legal Options
White-collar charges can derail everything in your life. The risks are quite real, from heavy fines to significant prison time and long-term damage to your career. But so is your opportunity to fight back with experienced legal representation.
The skilled white-collar defense attorneys at Malcolm Anthony, P.A. have defended individuals across Ponte Vedra Beach and throughout Florida and are ready to fight for your future. If you’re under investigation or facing white-collar crime charges, don’t wait. Call us today at (904) 285-4529 to schedule your consultation.
