We represent clients who are charged of “white collar crime.” The term “white collar crime” generally encompasses a variety of nonviolent crimes usually committed in commercial situations for financial gain.
The most common white-collar offenses include:
1. Antitrust violations -- Infractions of the Sherman Antitrust Act (15 U.S.C. § 1-7) and the Clayton Act (15 U.S.C. § 12-27) constitute antitrust violations. The goal of antitrust laws is to shelter trade and commerce from price fixing, monopolies, etc., and to foster competition.
2. Computer and internet fraud -- Fraud of this type includes using or applying for credit cards online under false names, unauthorized use of a computer, manipulation of a computer's files, computer sabotage, etc. Violators may be prosecuted under:
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18 U.S.C. 1029 Fraud and Related Activity in Connection with Access Devices
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18 U.S.C. 1030 Fraud and Related Activity in Connection with Computers
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18 U.S.C. 2511 Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
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3. Credit card fraud -- The unauthorized use of a credit card to obtain merchandise.
4. Phone and telemarketing fraud -- According to the U.S. Department of Justice (http://www.usdoj.gov), telemarketing fraud is any scheme to defraud in which the perpetrators use the telephone as the primary means of communicating with the potential victims of the scheme. Typical fraudulent telemarketers use multiple aliases, telephone numbers, and locations. They frequently change their product line, sales pitch, and recently many have moved their operations to Canada in response to effective U.S. law enforcement efforts. Violators may be prosecuted under: 18 U.S.C. 2325-2327 Telemarketing Fraud
5. Bankruptcy fraud -- Bankruptcy fraud is committed by individuals and corporations who conceal and misstate assets, who mislead creditors, and who illegally pressure bankruptcy petitioners.
6. Healthcare fraud -- Types of fraud include kickbacks, billing for services not rendered, billing for unnecessary equipment, and billing for services performed by a lesser qualified person. The health care providers who commit these fraud schemes encompass all areas of health care, including hospitals, home health care, ambulance services, doctors, chiropractors, psychiatric hospitals, laboratories, pharmacies, and nursing homes. Violators may be prosecuted under: 18 U.S.C. 1347 Health Care Fraud.
7. Environmental law violations -- Environmental law violations include discharge of a toxic substance into the air, water, or soil which pose a significant threat of harm to people, property, or the environment, including air pollution, water pollution, and illegal dumping, in violation of federal environmental law.
8. Insurance fraud -- A variety of fraudulent activities committed by applicants for insurance, policyholders, third-party claimants, or professionals who provide insurance services to claimants. Such fraudulent activities include inflating or "padding" actual claims and fraudulent inducements to issue policies and/or establish a lower premium rate.
9. Mail fraud -- Mail fraud occurs when the U.S. Mail is used in furtherance of a criminal act. See 18 U.S.C. 1341 - Mail Fraud.
10. Government fraud -- Fraud against the government may consist of fraud in connection with federal government contracting and fraud in connection with federal and/or federally-funded entitlement programs, including public housing, agricultural programs, defense procurement fraud, educational programs, and corporate frauds. As it relates to federal government contracting, investigations often involve bribery in contracts or procurement, collusion among contractors, false or double billing, false certification of the quality of parts or of test results, and substitution of bogus or otherwise inferior parts.
11. Tax evasion -- Fraud committed by filing false tax returns, or not filing tax returns at all. 26 USC § 7201, Attempt to evade or defeat tax: 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.
12. Financial fraud -- Financial Institution Fraud (FIF) involves fraud or embezzlement occurring within or against financial institutions that are insured or regulated by the U.S. Government. Financial institutions are threatened by a wide array of frauds, including commercial loan fraud, check fraud, counterfeit negotiable instruments, mortgage fraud, check kiting, false applications, and a variety of traditional and non-traditional FIF scams.
13. Securities fraud -- Securities fraud includes theft from manipulation of the market, theft from securities accounts, and wire fraud.
14. Insider trading -- According to the SEC (http://www.sec.gov/about/laws.shtml), insider trading is trading that takes place when those privileged with confidential information about important events use the special advantage of that knowledge to reap profits or avoid losses on the stock market, to the detriment of the source of the information and to the typical investors who buy or sell their stock without the advantage of "inside" information.
15. Bribery -- Bribery is the offer of money, goods, services, information or anything else of value, which is presented with the intent of influencing the actions, opinions, or decisions of the taker. Violators may be prosecuted under 18 U.S.C. 201 - Bribery.
16. Kickbacks -- Kickbacks entail the return of a certain amount of money from seller to buyer as a result of a collusive agreement.
17. Counterfeiting -- Counterfeiting occurs when someone copies or imitates an item without having been authorized to do so and passes the copy off for the genuine or original item. While counterfeiting is most often associated with money it can also be applied to designer clothing, handbags and watches. 18 U.S.C. 470-514 Counterfeiting and Forgery.
18. Public corruption -- Public corruption involves a breach of public trust and/or abuse of position by federal, state, or local officials and their private sector accomplices. By broad definition, a government official, whether elected, appointed or hired, may violate federal law when he/she asks, demands, solicits, accepts, or agrees to receive anything of value in return for being influenced in the performance of their official duties.
19. Money laundering -- Money laundering is a process or series of actions through which income of illegal origin is concealed, disguised or made to appear legitimate to evade detection, prosecution, seizure and taxation. Illicit proceeds must be laundered to make it appear as though the funds were generated through some legitimate means. This allows criminals to enjoy the "fruits" of their criminal activity without raising suspicion. See 18 U.S.C. 1956 Money Laundering.
20. Embezzlement -- Embezzlement occurs when someone who has been entrusted with money or property appropriates it for personal use and benefit.
21. Economic espionage and trade secret theft -- Economic espionage involves the theft or misappropriation of proprietary economic information (trade secret) from an individual, a business, or an industry. Violators may be prosecuted under 18 U.S.C. §§1831-1839.
18 U.S.C. § 1831. Economic espionage
(a) In General — Whoever, intending or knowing that the offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly—
(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret;
(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret;
(3) receives, buys, or possesses a trade secret, knowing the same to have been stolen or appropriated, obtained, or converted without authorization;
(4) attempts to commit any offense described in any of paragraphs (1) through (3); or
(5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such persons do any act to effect the object of the conspiracy,
shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both.
(b) Organizations — Any organization that commits any offense described in subsection (a) shall be fined not more than $10,000,000.
