Minneapolis White Collar Crime Attorney

What Are White Collar Crimes?

Generally, white collar crimes involve a scheme devised to defraud another person out of assets. They are typically non-violent in nature but result in injury in the form of a financial loss. Usually, white collar crimes occur in the business or government sector, but anyone can be accused of an offense if they engage in unlawful activity.

Many offenses can be classified as white collar crimes, including, but not limited to: 

Theft

In general, theft involves unlawfully taking another person's property. Minnesota Statutes § 609.52 specifically concerns theft offenses. The law enumerates 19 different circumstances that can lead to a criminal charge. The conviction penalties depend on the property involved and the item’s value.

The federal government has several statutes concerning theft. These include theft from interstate shipment (18 U.S.C. § 659), transportation of stolen goods (18 U.S.C. § 2314), theft from an employee benefit plan (18 U.S.C. § 664), and theft of medical products (18 U.S.C. § 670). The punishments vary depending on the law the accused is prosecuted under.

Forgery

Forgery involves producing, possessing, or using a false document or other official instruments with the intent to defraud. Under Minnesota Statutes § 609.63, the crime is penalized by up to 3 years of imprisonment and/or up to $5,000 in fines.

Forgery can extend beyond simple document falsification. It often involves advanced techniques and digital manipulation in today's digital age, such as creating counterfeit online identities or modifying electronic records to deceive financial institutions.

If the offense involves instruments such as currency, bank notes, military documents, or postage stamps, forgery becomes a federal crime. Several federal laws prohibit the offense, and severe penalties can be imposed upon a conviction.

Embezzlement

If a person unlawfully appropriates or uses property entrusted to them, they can be charged with embezzlement. Minnesota Statutes § 609.54 penalizes embezzlement of public funds with up to 10 years of imprisonment depending on the value.

As a federal offense, embezzlement can be prosecuted under several different statutes. For instance, embezzlement by a bank officer or employee can be pursued under 18 U.S.C. § 656, or embezzlement from an employee benefit plan can be charged under 18 U.S.C. § 664.

Tax Evasion

Tax evasion refers to the knowing or willful failure to file or pay taxes. The criminal penalties for the offense in Minnesota are enumerated in Minnesota Statutes § 289A.63, and provide that a person may be guilty of a gross misdemeanor or felony depending on the conduct involved.

Tax evasion often accompanies intricate financial maneuvers, such as hiding assets in offshore accounts or manipulating corporate book entries. Awareness of compliant tax practices and loopholes becomes a pivotal area of focus to defend those wrongfully accused.

Section 7201 of Title 26 of the U.S. Code provides that a person who willfully evades their tax obligations can be penalized by up to 5 years of imprisonment and/or up to $100,000 in fines.

Contact our Minneapolis white collar crime attorney by calling (612) 979-1112 today!

Counterfeiting

Under Minnesota Statutes § 609.895, it is unlawful to manufacture, produce, distribute or sell an imitation item. Also, Minnesota Statutes § 609.632 prohibits copying money or making, uttering, or possessing fake currency. Anyone convicted of an offense can be punished by imprisonment and/or a fine. The prison term and amount of the fine depend on the number or value of the items involved.

Counterfeiting is not just limited to currency. It can involve electronics, clothing, and pharmaceuticals, impacting economies significantly. Understanding the nuances of intellectual property laws and international trade agreements is often crucial in these cases.

Federal laws prohibiting counterfeiting include 18 U.S.C. § 479 (uttering counterfeit obligations or securities), 18 U.S.C. § 480 (possessing counterfeit foreign obligations or securities), and 18 U.S.C. § 483 (uttering counterfeit foreign bank notes).

Mail Fraud

Mail fraud involves using the United States Postal Service or a commercial carrier to further a scheme to defraud. It is prosecuted under 18 U.S.C. § 1341 and is penalized by up to 20 years of imprisonment and/or a fine.

In recent years, mail fraud schemes have become more complex, involving digital means of communication and targeting larger audiences. Understanding the complexity of these schemes can be crucial for crafting effective defense strategies.

Wire Fraud

Wire fraud is similar to mail fraud in that it occurs when someone uses some means to further an artifice to defraud. The difference is that the latter relies on the USPS for continuing the criminal offense, whereas the former relies on electronic communication. The conviction penalties for wire fraud include imprisonment for up to 20 years and/or a fine.

Bribery

According to Minnesota Statutes § 609.42, bribery occurs when someone gives or promises something of value to a public figure to influence the performance of their official duties. It can also occur when a public figure accepts something of value, knowing that such was given to affect their decision-making. Bribery is punishable by up to 10 years of imprisonment and/or up to $20,000 in fines.

The federal law on bribery forbids similar conduct as the state law. However, a public official is one who holds a position with the U.S. government, such as a member of Congress. It also applies to witnesses who are to give testimony at federal proceedings. A conviction can result in imprisonment for up to 15 years, and any public official found guilty of the offense will be disqualified from holding office in the U.S.

Whether you are facing state or federal criminal charges, it is important that you have a knowledgeable lawyer defending you. At Brockton D. Hunter P.A., we have nearly 30 years of combined experience and have handled complex cases. Our Minneapolis white collar crime attorney is ready to provide the legal representation you need.

What are the Differences Between State and Federal White Collar Crime?

Both state and federal governments have laws concerning white collar crimes. The distinction between state and federal crimes is how and where the offense occurs.

State crimes take place within Minnesota. They do not cross into any other state or country. In contrast, federal crimes affect interstate or foreign commerce. In other words, a federal white collar crime will, in some way, cross state lines or country borders. They can also involve federal property.

A critical factor differentiating state from federal prosecution is the resources available. Federal agencies often have more significant resources for thorough investigations, potentially leading to tougher penalties. Understanding these differences is vital for building an effective defense strategy.

Although separate state and federal laws exist, it is possible for a person's conduct to violate both. In such situations, the individual can be prosecuted by the state government, federal government, or both.

Why You Need a White Collar Crime Attorney?

Whether forgery, hacking, fraud, embezzlement, corporate theft, mortgage fraud, internal business theft, writing bad checks, or tax evasion, all white collar crimes require the expertise of an experienced Minnesota white collar crime attorney. They can secure your rights and understand the process of such a case. For instance, presenting false claims to a public officer or body is a white collar crime. This means that presenting a demand or a claim knowing that it’s false is a crime. Such a conviction could yield a 5-year imprisonment charge; however, some have received an even higher sentence for such a crime.

A Minnesota white collar crime lawyer is essential in these cases because oftentimes these white collar cases are prosecuted in federal court versus state court. They also require evidence with large amounts of documentation in order to track real estate, business, or financial transactions over a long period of time. Law enforcement may seek out search warrants in order to obtain these records from businesses, law firms, and even banks.

If you are involved in a white collar crime, it’s vital to remain silent until you have talked to a Minnesota white collar crime attorney specializing in these types of crimes. Brockton Hunter has experience fighting for individuals charged with white collar crimes. Our Minneapolis white collar crime lawyers are committed to the process and remain a pillar of knowledge and strength for our clients. Not only does our firm have a proven track record, but we also have the legal experience to back it up.

Call Our Minneapolis White Collar Crime Lawyers

We dedicate time and energy to bond with our clients and better understand how we can protect their rights. Our firm has successfully represented many clients at trial and is well-versed in effective defense strategies for white collar crimes.

Contact us online or call at (612) 979-1112 to speak with a Minneapolis white collar crimes attorney from the firm.