Federal White-Collar Crime

Being charged with a white collar crime by the Federal Government can result in imprisonment, loss of a career, assets and, sometimes, just a lot of embarrassment.  If you are under investigation by the FBI, the Internal Revenue Service, the Secret Service, U.S. Customs, the Environmental Protection Agency, and the Securities and Exchange Commission or local law enforcement for a white-collar crime, or if you have already been charged by the Government with a Federal offense white-collar crime, call our criminal defense attorneys at  803-748-9990, toll free 877-728-3734, fill out the case review form located on the criminal law home page or email the attorneys at Masella Law Firm, P.A., right away.  They will give you a brief but professional “first impression” analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.

The criminal law attorneys at Masella Law Firm, P.A. defend those accused of Federal white-collar crimes which are prosecuted by the Federal Government including: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft.

Both state and federal legislation enumerate the activities that constitute white-collar criminal offenses. The Commerce Clause of the U.S. Constitution gives the federal government the authority to regulate white-collar crime, and a number of federal agencies (see sidebar), including the FBI, the Internal Revenue Service, the Secret Service, U.S. Customs, the Environmental Protection Agency, and the Securities and Exchange Commission, participate in the enforcement of federal white-collar crime legislation. In addition, most states employ their own agencies to enforce white-collar crime laws at the state level. 

Allow the attorney’s at Masella Law Firm, P.A., their experts and staff help defend your rights and protect your freedom, family and assets.

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.

Bankruptcy fraud
Bankruptcy fraud is committed by individuals and corporations who conceal and misstate assets, who mislead creditors, and who illegally pressure bankruptcy petitioners.

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

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:
18 U.S.C. 1029 Fraud and Related Activity in Connection with Access Devices
18 U.S.C. 1030 Fraud and Related Activity in Connection with Computers
18 U.S.C. 1362 Communication Lines, Stations, or Systems
18 U.S.C. 2511 Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
18 U.S.C. 2701 Unlawful Access to Stored Communications
18 U.S.C. 2702 Disclosure of Contents
18 U.S.C. 2703 Requirements for Governmental Access

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.  Violators may be prosecuted under 18 U.S.C. 470-514 Counterfeiting and Forgery

Credit card fraud
Credit card fraud is the unauthorized use of a credit card to obtain merchandise.

Economic espionage
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 Economic Espionage (http://uscode.law.cornell.edu/uscode/18/ch90.html)

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.

Embezzlement
Embezzlement occurs when someone who has been entrusted with money or property appropriates it for personal use and benefit.

Financial Institution 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.

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.

Health care 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

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.

Insurance fraud
A variety of fraudulent activities committed by applicants for insurance, policyholders, third-party claimants, or professionals who provide insurance services to claimants are prosecuted under the insurance fraud laws. Such fraudulent activities include inflating or "padding" actual claims and fraudulent inducements to issue policies and/or establish a lower premium rate.

Kickbacks
Kickbacks entail the return of a certain amount of money from seller to buyer as a result of a collusive agreement.

Mail fraud
Mail fraud occurs when the U.S. Mail is used in furtherance of a criminal act.
Violators may be prosecuted under 18 U.S.C. 1341 - Mail Fraud

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.  Violators may be prosecuted under 18 U.S.C. 1956 Money Laundering

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

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.

Securities fraud
Securities fraud includes theft from manipulation of the market, theft from securities accounts, and wire fraud.

Tax evasion
Fraud committed by filing false tax returns, or not filing tax returns at all.
Violators may be prosecuted under 26 U.S.C. 7201. Attempt to evade or defeat tax which says: 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.

The above content was retrieved from Cornell University Law School Page at http://www.law.cornell.edu/wex/index.php/White-collar_crime