The term “White Collar Crime” typically refers to any non-violent crime committed in the context of business or commerce and will involve an unlawful gain. This broad description will encompass many various criminal offenses and can be prosecuted, in many instances by both state and federal law enforcement authorities. In most instances, white collar crimes are considered federal offenses because they directly affect the national economy and the financial status of another individual. These offenses may range from minor to severe and include the following offenses that are commonly referred to the United States Attorney’s Office for prosecution.
You can categorize white collar crimes into two main categories: ones that are fraud-related and others that involve theft. A breakdown of commonly prosecuted white collar offenses are:
White Collar Crimes | Fraud-Related
Securities fraud
Healthcare fraud
Internet/Computer fraud
Money laundering
Credit card fraud
Mail fraud
Tax fraud
White Collar Crimes | Theft-Related
Corruption
Forgery
Counterfeit
Identity theft
Money laundering
Embezzlement
White collar crimes are ones that evolve from seemingly innocent or innocuous acts. A person accused of a white collar crime may have started to borrow money that he or she fully intended to repay or may have thought a white lie on government forms, financial disclosures, or insurance paperwork would be looked over and not be that serious. Most people convicted of white collar crimes did not necessarily intended to hurt anyone. Regardless of the circumstances that lead to a white collar offense, every individual is entitled to a fair trial. Diver Law Firm will work diligently to ensure your rights are protected and we strive to bring a positive result to every case.
If you or a loved one have been charged with a white collar crime in Oklahoma or in Federal court, time is of the essence and your freedom and financial livelihood are at risk. You need an attorney with experience in white collar crimes defense in Oklahoma and against federal prosecution, and you need one right now. Call Diver Law Firm and retain a dedicated and accomplished white collar defense attorney ready to fight for your rights. Call (405) 896-8080 or complete the form above for your free and confidential consultation.
There can be overlap among the types of white collar crimes listed above, meaning that one incident of criminal activity can result in several charges by either state and/or federal charges. Below are some of the common types of white-collar offenses found prosecuted in Oklahoma.
Embezzlement
[M]isappropriating funds or property to which one is entrusted from its intended use; appropriating company funds or property for one’s personal use.
Oklahoma defines Embezzelment to mean the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under a limited set of circumstances. While embezzlement does not require a distinct act of taking, it merely requires a fraudulent appropriation, conversion, or use of property by another. Because there are several approaches to prosecute embezzlement in the state of Oklahoma, it is in your best interests to contact an experienced white-collar attorney if you find yourself investigated or charged with embezzlement. If you have been contacted by Oklahoma law enforcement, or if you are or have been investigated by the Internal Revenue Service (IRS), the Federal Bureau of Investigation (FBI), or the Securities and Exchange Commission (SEC), contact Diver Law Firm today for a free and confidential case evaluation.
The punishment for embezzlement can vary; the value of the property and also, the type of individual may play a critical role in the severity of the prosecution. Often times, if the value is less than $1,000, the charge will be a misdemeanor and punishment may not exceed $1,000 fine and not more than one (1) year in county jail. However, if the property exceeds $1,000 then a person can be charged with a felony and face serious imprisonment from two, five, or eight years, massive fines, and restitution to the victim. Moreover, if the person is a county or state officer, deputy, or employee found to embezzle funds then punishment is most severe. For the most serious offenses, punishment can range up to ten (10) years and you will likely be ordered to pay restitution to account for the public loss.
It is important to consider that restitution may be litigated separately from the criminal offense. If you have been charged or convicted of an embezzlement offense, contact Diver Law Firm today at (405) 896-8080 as your guilt does not necessarily mean you should be responsible for all of the alleged loss.
Fraud-Related Offenses in Oklahoma
[U]sing deceit or making false claims or misrepresentations in an effort to obtain cash, benefits, or tax breaks to which one is not lawfully entitled.
There are several fraud-based criminal offenses that are prosecuted in Oklahoma, including:
Obtaining Property by False Pretenses
Uttering a Forged Instrument or Bogus Check
False Impersonation of Another
Fraudulently Obtaining a Controlled Dangerous Substance
In general, Oklahoma defines fraud as some deceitful practice or willful deceit, resorted to with the intent to deprive another of his or her right, or in some manner to do injury. It is also important to note that fraud does not necessarily have to be in relation to some attempted monetary gain. As such, fraud includes any act or omission that is intended to deceive another person in order to influence him or her. Also, the influenced person must have reasonably relied on the fraud to his or her own detriment.
The punishment for fraud in Oklahoma typically, relates to the amount of money or property that is procured as a result of the fraudulent activity. In most cases, if an individual is convicted of defrauding the victim of $500.00 or less, he or she will be charged with a misdemeanor and could be face a conviction and up to one year in jail. Usually, if the amount is greater than $1,000.00, the conviction most likely will be a felony (depending on the specific crime committed), and the defendant could face multiple years in prison.
Although Oklahoma have law regulating many white-collar fraud prosecutions, insider trading, securities fraud, mortgage fraud, healthcare fraud, internet fraud, money fraud, and credit card fraud are typically prosecuted at the federal level which can result in much stiffer penalties if you are convicted. It is also important to consider that money laundering charges are often combined with other charges including all those related to the white-collar offense, including drug distribution, sale and purchase of narcotics, and prosecution under or the Racketeer Influenced and Corrupt Organization Act or RICO Charges.
State and Federal White Collar Defense
In most cases, the state of Oklahoma will prosecute cases of embezzlement and fraud/fraud-related offenses that take place within the state however, there are several circumstances in which the federal government will assume jurisdiction and pursue a prosecution. If you or a loved one are involved in any business activity that you suspect may be illegal or fear you may be under investigation for a white collar offense, consult with an experienced criminal justice attorney as soon as possible.
You may find yourself already under investigation, and it helps more than ever to be prepared and be proactive with your defense. If you have been approached by law enforcement, questioned, arrested, or charged, it is not too late to seek a dedicated white collar attorney.
Call (405) 896-8080 to schedule a risk-free and confidential consultation with an experienced and well-qualified white collar defense lawyer.