Detroit White-collor crime Defense Lawyers - Mamat Law Michigan Criminal Defense Law Firm

White Collar Crime Defense Lawyers

Experienced representation for sophisticated financial crimes in Michigan

Many people who are charged with white-collar crimes are charged in federal court because the conduct usually involves federal laws or involves conduct/transactions that occur across state lines. There are some Michigan white-collar crimes such as embezzlement. White-collar crimes generally involve crimes that have the goal of obtaining financial wealth. Most white-collar crimes do not involve violence. These days, many financial crimes involve the Internet and the use of sophisticated technology.

Many white-collar defendants are people who have already achieved some financial success, are in a position of trust, and are fairly well-educated. This is because white-collar crimes involve an understanding of the financial sector and how financial transactions are arranged and completed. At the Law Office of Steven K. Mamat, our Detroit white-collar criminal defense lawyers work with financial professionals who understand complex financial transactions.

Normally, federal law enforcement investigates federal white-collar crimes and state law enforcement investigates state white-collar crimes. The penalties for white-collar crimes often include long-term prison sentences, large fines, and the requirement to pay restitution for any ill-gotten gains. White-collar crimes include the following crimes, among others:

Bribery

This offense is generally defined as an offer to a public official or acceptance by a public official of anything of value in exchange for an official act, for fraudulent purposes – to do or not do something in violation of the official’s lawful duties. A conviction can result in a prison sentence of up to 15 years, disqualification from any future official position, and up to three times the amount of the bribe. Public officials include members of Congress, employees of the federal government, employees of agencies of the federal government, and other officials.

RICO offenses

RICO stands for the “Racketeering Influenced and Corrupt Organizations” Act. The law was originally enacted in 1979 to target financial offenses by the Mafia. Today, RICO is used to hold many different types of corporations, organizations, and individuals responsible for financial corruption.

RICO charges can be filed when someone commits at least two racketeering offenses within a 10-year period and an “enterprise” defined “as including any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity” engages in racketeering in one of four defined ways.

The penalties for a RICO conviction include up to 20 years in prison and up to $25,000 in fines. Additionally, the defendant will have to forfeit any illegal gains and any business interests – achieved through the racketeering. Racketeering involves many offenses including bribery, embezzlement, gambling, extortion, kidnapping, money laundering, and many other crimes.

Corporate fraud

This white-collar crime includes material misrepresentations involving stock information committed by the officers or directors of a corporation.

Insider trading is a form of corporate fraud. A common example includes the improper disclosure of confidential information about a stock that causes a person or entity to act upon that information. This type of fraud is also called securities fraud. Generally, this type of fraud requires an intent to deceive. Defendants who may be charged with insider trading offenses often include investment bankers, brokers, stock analysts, and employees.

Consumer fraud

This white-collar crime includes such offenses as economic practices that are deceptive or unfair. We’ll explain if intent is required for the particular offenses. Unlawful consumer practices can involve advertising, telemarking, sales, retail, credit cards, healthcare, insurance, and business fraud. Examples include identity theft, pyramid schemes, Ponzi schemes, and Internet fraud. These types of cases can include substantial penalties because often many people are affected who aren’t even aware that an offense has been committed.

Counterfeiting

This crime involves creating false documents such as IDs, legal certifications, money, and other documents with the intent to defraud or change any obligations or benefits of the documents. Anyone convicted of a federal counterfeiting crime can be imprisoned for up to 20 years.

Forgery

This crime is similar to counterfeiting. The crime involves creating false documents or changing existing documents. Forgery also includes signing documents without legal authorization.

Extortion

This white-collar crime involves using force to obtain money or property. Extortion differs from most white-collar crimes because force is required. The force may include violence, threats to harm someone’s reputation, and other adverse actions. Blackmail charges can be filed against anyone who, “under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing. Blackmail crimes can result in fines and/or imprisonment for up to one year.

Evading taxes

Under federal law:

Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

Generally, individuals are held accountable for the returns that their accountants prepare.

Other Types of White-collar Crimes

White-collar crimes also include bankruptcy fraud, mortgage fraud, money laundering, and stealing intellectual property.

White-collar crimes can usually be filed against a company – in addition to individuals. Our Detroit white-collar defense lawyers work to obtain dismissals, acquittals, and plea reductions. Many charges don’t apply. Many defendants should be charged with less serious crimes. Often, the proper remedy is a civil action against the defendant, not a criminal complaint.

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