Federal Crime
MICHIGAN CRIMINAL DEFENSE LAWYERS
LAW OFFICES OF ZAHER and LEVI
Michigan Federal Criminal Defense Lawyers
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White Collar Crime
What is a "White Collar Crime"?
Loosely speaking, a white collar crime is any illegal activity connected to business or commercial activity. It may be a violation of a criminal statute, and result in criminal penalties including possible imprisonment. For example, tax fraud can invoke criminal penalties. The following are a few examples of white collar crime:
Accounting Fraud
Bank Fraud
Bankruptcy Fraud
Computer Crimes - internet fraud, online credit fraud,
Conversion
Credit Card Fraud
Embezzlement
Fraud
Healthcare Fraud
Mail Fraud
Medicaid/Medicare Fraud - double billing,
claims for unnecessary medical procedure
Money Laundering
Securities Fraud - SEC violations, insider trading
Tax Fraud , Tax Evasion
Wire Fraud
Mail Fraud: Mail fraud involves the dissemination of letters or documents in the mail that are used in furtherance of criminal fraud. Wire fraud involves the dissemination of fraudulent information in furtherance of criminal activity using various forms of electronic and telecommunications, including dissemination over the Internet, e-mail, fax, radio and television. Mail and wire fraud charges are typically brought in federal court. Wire fraud and mail fraud are felony offenses that carry harsh penalties, including prison sentences and significant fines. If the fraud involved a bank or other financial institution, prison terms can exceed 30 years and fines can total millions of dollars.
In order to prove its case, the prosecution must convince jurors that the accused intended to commit fraud when conducting business through the mail or when electronically transferring money. In general, there must be evidence indicating the intentional use of fraudulent information to deceive customers, businesses, banks, or individuals. Before a person can be convicted of the federal crime of mail fraud, the prosecutor must prove the following four things beyond a reasonable doubt:
The person charged knowingly devised or participated in a scheme to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations or promises;
The false or fraudulent pretenses, representations or promises related to a material fact;
The accused acted willfully with an intent to defraud; and
The accused used the United States Postal Service by mailing or by causing to be mailed or the accused used a private or commercial interstate carrier by depositing or causing to be deposited with such carrier some matter or thing for the purpose of executing the scheme to defraud.
A successful defense against federal charges requires an attorney with specific experience in the federal court system. Many criminal defense attorneys do not practice in federal court, but our attorneys have tremendous experience in both state and federal courts.
Consequences of a Mail Fraud Conviction
Depending on your involvement in the fraudulent or criminal activity, federal prosecutors may ask for a prison sentence. The greater the amount of fraud the government alleges, the greater the penalty. You could face up to 63 months of prison for each count of mail fraud.
Defenses in Mail Fraud Cases
A common defense in mail fraud cases is that you didn't understand that the letter or e-mail contained false information.
If you are charged with mailing a package containing drugs, the government has to prove that you knew what the package contained. If you were mailing the package for someone else, you may have been unaware that it contained drugs.
Social Security Fraud : Social Security Identity Fraud occurs when someone fraudulently steals another's social security card or number and uses it for criminal endeavors
Embezzlement: Are you under investigation for embezzlement? Have you been accused of stealing money from your employer? Innocent people often incriminate themselves out of nervousness. Make sure you have an experienced embezzlement defense lawyer to protect your rights.
Fraud: Have you been accused of defrauding your company? Is there a misunderstanding about a company loan or a seeming diversion of funds? Our white collar crime defense law firm has the experience and knowledge to sort out the problem while protecting your interests.
Securities Crimes, Insider Trading: If you are the target of an insider trading investigation or any other securities crime, you need the advice and counsel of lawyers who understand the complexities of financial criminal charges.
Physician Misconduct: If you are a doctor under investigation by the Office of Professional Medical Conduct (OPMC), you could lose your medical license and your career. Make sure you are represented by an attorney with experience in OPMC investigations
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Money Laundering Defense Attorney
The offense of money laundering is committed if someone knowingly obtains an interest in, holds, conceals, or even transports the proceeds of criminal activity. It can be enough even if you just make the transaction possible. Furthermore, if you offer to invest, spend, or obtain, the funds from criminal activity you may be guilty of money laundering; additionally, if you finance criminal activity or invest funds that you understand are to be used to advance criminal activity you may be guilty of money laundering.
In recent years, the federal government in particular has grown more aggressive in arresting people on money laundering charges. Whether you have been arrested or believe for any reason that you may be, it is absolutely vital to get strong defense counsel as quickly as possible. Money laundering is defined as concealing or using money that has been derived from an illegal enterprise. It is being applied in an increasingly broad fashion by state and federal authorities, to encompass everything from gang activity to legitimate business enterprise.
Charges of money laundering often involve thousands of documents, complex money transactions, multiple defendants, questions regarding the ownership of property, and foreign financial transactions and accounts. If you have been charged with money laundering, an experienced criminal defense law firm can provide effective defense against your charges.
It is not a defense that the defendant the does not understand the extent or specifics of the underlying criminal enterprise.
If you or someone you love is facing money laundering or RICO charges, it is critical that you consult with an experienced federal indictment attorney who can handle your case skillfully and efficiently and protect your rights against the federal government
A Cheap Lawyer Can be the Most Expensive Lawyer You Ever Hire
Our firm has an experienced network of investigators, consultants, analysts, forensic accountants, and experts to assist us in investigating and preparing the best defense in white collar criminal matters. In addition, we strive to minimize the risks to our client's reputation, their business, and their financial security that can be associated with an indictment for a white collar criminal offense.
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Prosecution of White Collar Crimes
White collar crimes can be prosecuted at the state or federal level, depending on whether a state or federal law was broken. If convicted, these crimes usually result in jail time, large fines, and restitution to the victims of the crime. For people who have been victimized by white collar crime, hiring a criminal attorney is often helpful when attempting to recover monies lost.
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Bank Fraud: Federal law defines bank fraud as defrauding a financial institution or obtaining money, funds, or other property by fraudulent means. The criminal law elements of a violation of 18 U.S.C. § 1344 (1) bank fraud which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:
The defendant knowingly executed or attempted to execute a scheme or artifice to defraud.
The defendant did defraud or attempt to defraud the financial institution.
The defendant used a material misrepresentation or concealment of a material fact as part of the scheme or attempted scheme.
The financial institution was insured or chartered by the federal government
Examples of bank fraud include:
Check Fraud, when either fake checks are used for deposits (this is usually offset by watermarks and other security features on the checks), or when someone uses a false identity and stolen checks to withdraw cash from a bank account
Check Kiting, when in-transit or non-existent cash is recorded as a deposit into a bank account, a fraudulent check or cash withdrawal is drawn on that account, and the bank pays based on the unfunded deposit
Uninsured Deposits
Falsification of Loan Applications (see also mortgage fraud)
Credit Card Fraud, which works in the same manner as check fraud
Many bank fraud schemes are carried out through use of the Internet, which implicates wire fraud charges as well
Insurance Fraud: Have you been accused of defrauding a health insurance, life insurance, homeowners' insurance, car insurance, or business insurance company? Have you been charged with faking an injury or disability in order to receive workers' compensation insurance payments or Social Security Disability Insurance benefits?
Filing false or fraudulent claims, phony auto accidents, arson or other destruction of property in order to file an insurance claim, or conspiracy to commit fraud.
Example Insurance Fraud Cases
We represent a wide range of homeowners, renters and auto owners accused of insurance fraud by filing false claims for monetary reimbursement. Example cases include alleged arson combined with insurance fraud charges related to alleged misrepresentations made to insurance companies about a fire. We also handle cases related to allegedly staged accidents and fraud charges related to medical billing.
While our law firm primarily represents policyholders, we also represent third-party administrators, insurance brokers and agents, applicants, and others accused of insurance fraud.
Bankruptcy Fraud: Bankruptcy fraud constitutes the concealing and misstatement of assets during bankruptcy proceedings. Individuals and corporations can be investigated and prosecuted under bankruptcy fraud statutes. Bankruptcy laws can be found in Title 11 of the U.S. Code. Criminal sanctions can be found in Title 18 of the U.S. Code, §§ 152 and 157. Because bankruptcy was designed to help those facing serious financial difficulty, it is intended only for people who really need it. Those who abuse this privilege will be prosecuted harshly by federal attorneys and judges, and will be held fully accountable for their actions.
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