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White collar crimes such as schemes to defraud, employee theft, embezzlement and insurance fraud can carry serious consequences. Often, these cases present special challenges in the courtroom, since they may involve complex financial issues and a willingness to sift through a significant amount of financial discovery. If you’ve been charged with any of the offenses previously mentioned or any other offense that falls under the umbrella of white collar crime, it’s important to work with a lawyer well versed in defending clients charges with white collar crimes.

At Lufrano Legal, P.A., the firm has the criminal trial experience needed to skillfully defend those facing white collar crimes. To learn more about how we can help you, schedule a free, no-obligation consultation right now.

White Collar Crime Overview

What Does a White Collar Crime Attorney Defend Against?

While the term gets tossed around a good bit, there is no offense in Florida known as white collar crime. Instead, the term white collar crime generally refers to non-violent, financially motivated crimes. These crimes are typically committed by professionals, government officials or employees, and others in a position of professional trust. However, a person doesn’t have to fit into any of those categories to commit or to face prosecution for white collar crimes.

A well-known example of white collar crime would include the large-scale Ponzi scheme operated by financial advisor Bernard Madoff. But other examples could include physicians or medical administrators accused of insurance fraud, mortgage brokers and other real estate professionals charged with mortgage fraud, financial industry professionals accused of embezzling funds from clients, and even attorneys accused of diverting client funds for their own use.

Some of the types of white collar crimes the white collar crime attorney at Lufrano Legal, P.A. handles include:

  • Embezzlement, (commonly known in Florida as Theft)
  • Forgery
  • Schemes to Defraud
  • Organized Fraud
  • Bribery

Under current Florida law, many white collar crimes involving misappropriation of property have been consolidated into the criminal statute addressing theft crimes. Thus, a person who is accused of committing embezzlement or of procuring property through fraud will be charged with theft. If you are charged with a theft crime, the possible penalty typically depends on the value of the property in question and how many prior theft convictions you happen to have.

For example, theft of money or property valued at $100,000 or more is generally charged as a first degree felony, and carries a possible prison sentence of up to 30 years. Other variables may also impact the classification of the crime and the possible sentence one might face, including the type of property involved, whether the theft resulted in damage to the property of another, and the method by which the theft was effectuated.

Other white collar crimes, such as money laundering and insurance fraud, are separate crimes. Violations of the Florida money laundering law may be first, second, or third degree felonies, depending on the total value of transactions across a 12-month period. Insurance fraud may also be classified as a first, second, or third degree felony, depending on the value of the property involved.

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White Collar Crime Charges

If You’ve Been Charged with a White Collar Crime in Jacksonville, Don’t Delay

Most white collar crime doesn’t make headlines like armed robberies and residential break-ins, but the consequences can be just as serious. If you’ve been charged with insurance fraud, accused of stealing money from your employer, forging real estate documents, or are otherwise facing white collar criminal charges, you owe it to yourself to speak with an experienced white collar criminal defense attorney as soon as possible.

Criminal prosecutions often move forward quickly, and if you are unprepared or have not consulted with an attorney experienced in white collar crime defense you could easily become your own worst enemy. Moreover, the firm of Lufrano Legal, P.A. has the knowledge and experience required to successfully represent you in any white collar criminal case, whether that means fighting to clear your name in the courtroom or negotiating a favorable plea agreement.

White Collar Criminal Defense Attorney FAQs

As mentioned above, white collar crime is a generic term for a multitude of non-violent financial crimes. Thus the information below is intended to help you educate yourself generally about white collar crimes and the possible consequences of a white collar crime conviction. But, there is no substitute for the counsel of an experienced Jacksonville criminal defense attorney.

The Federal Bureau of Investigation (FBI) says white collar crime costs about $300 billion per year across the United States. Legislatures and law enforcement in Florida and around the country take white collar crime seriously. 

In Florida, most white collar crimes are felonies. And, depending on the type of crime and the value of the property involved, a white collar criminal charge may mean the possibility of decades in prison and serious fines. If you’ve been charged with a white collar crime, it’s in your best interest to take it seriously and get advice from an experienced Florida white collar crime attorney right away.

While white collar crime takes its name from business attire, “blue collar” refers to the uniform-type clothing traditionally associated with laborers, mechanics and similar workers. The term “blue collar crime” is far less common than the designation of crimes as “white collar.” It generally refers to rougher types of crime such as assault, armed robbery, and other hands-on crimes, while white collar crimes are typically of the sort that can be committed behind a desk.

It’s possible for anyone to commit white collar crime.That said, white collar crimes are most commonly committed by middle-class professionals, managers, and government employees, as people in these fields have the greatest access and means to misappropriate money and property belonging to others or doctor records to benefit themselves and co-conspirators. 

For example, insurance fraud falls under the umbrella of white collar crime, and anyone who falsifies a workers’ compensation claim or lies about the extent of their injuries after a car accident to get a larger settlement may be guilty of that crime. Similarly, mortgage fraud is a white collar crime, and may be committed by a mortgage broker or other real estate or financial professional, but may also be committed by an applicant who misrepresents his income on the application.

In Florida, those individuals charged with white collar crimes will be prosecuted by either The State of Florida or the United States. At the State level the prosecuting agency is the State Attorney, while at the Federal level it would be the US Attorney. Additionally, since state and federal governments have similar statutes governing certain types of criminal activity it’s possible that the commission of white collar crimes could be pursued by either State or Federal Officials. What’s more is that if both jurisdictions wished to, it is possible to be prosecuted by both State and Federal government for the same criminal conduct without a violation of double jeopardy. So if you are a loved one happens to be facing a charge for a white collar crime, don’t delay, reach out to the defense firm of Lufrano Legal, P.A. for a free consultation.

Any time you become aware that you are a suspect in a crime or are the target of an investigation, it is in your best interest to consult an experienced criminal defense lawyer as soon as possible. 

While you may be inclined to wait and hope the situation resolves itself, a criminal investigation is unlikely to simply go away. And, you will likely be called upon to make decisions about whether to talk to police or investigators and what if anything else you provide. These decisions are best made with the advice and assistance of a qualified defense attorney.

A conviction for any criminal offense could certainly impact your future career options. This statement is especially true for those convicted of white collar crime for a number of reasons. First, any employer who learns of your criminal record might choose not to hire you. Second, convictions of certain offenses, including various white collar crimes, might bar you from obtaining necessary licensing or certification to pursue various careers. Third convictions for various criminal offenses, including white collar crimes often require the individual convicted to report the offense to the profession’s governing body or licensing authority.

Certain convictions may also disqualify a person from holding a professional license or may result in license suspension. If you’ve been charged with a white collar crime, before you do anything it’s important to discuss with an experienced criminal defense attorney the options and potential ramifications of any course of action.

Although the impact on victims may be less immediately obvious with white collar crimes than in crimes of violence, few are victimless. Many white collar crimes involve theft, which obviously impacts the owner of the property. But, the effect doesn’t necessarily end there. For example, in the case of embezzlement from a corporation, other employees may be affected, along with the company’s shareholders. 

Even when the impact of one incident is small, white collar crime aggregates to impact the economy as a whole. As a result, prosecutors tend to treat white collar crime much more seriously than some people anticipate.

“White collar crimes” take their name from the crisp white shirts once associated with jobs like banking and accounting. The term still applies to crimes associated with those types of jobs, such as fraud, embezzlement. “White collar crime” is also used to describe other crimes that rely on paperwork and computers rather than force, breaking and entering and similar actions, such as identity theft.

There are a wide range of crimes in Florida that can be classified as white collar crimes. Some common examples that will be recognizable to most people include forgery, embezzlement, fraud and identity theft. A few white collar crimes, such as some forms of identity theft, are misdemeanors. However, most are felonies carrying significant possible prison sentences.

There are multiple possible ways a white collar crime attorney may be able to fight criminal charges. For example, if evidence was illegally obtained, or was obtained under questionable circumstances, a fraud or forgery lawyer might file a motion to suppress the evidence. The attorney will also investigate the case and look for other weaknesses, and question witnesses and look into their backgrounds to find any inconsistencies or credibility issues.

The same high burden of proof applies in a white collar case as any other criminal case, meaning the prosecution must prove each and every element of the crime beyond a reasonable doubt. If your white collar crime lawyer finds weaknesses in the case, they may also use that information to pressure the prosecution to dismiss or reduce charges or offer a favorable plea agreement.

Fraud isn’t a single crime in Florida, but a wide range of different possible criminal charges based on different types of criminal activity. Here’s one example. To convict a person of obtaining property by false personation, the prosecution must show that the defendant:

  • Falsely impersonated another person, and either:
    • Received property intended for that other person with intent to convert it to their own use, or
    • Damaged the credit rating or otherwise harmed the other person

So, a white collar crime attorney might fight this type of charge by calling into question whether the defendant had intentionally impersonated another person, or had simply been mistakenly identified. Depending on the circumstances, the attorney might argue that the defendant had no intention of keeping or using the property, or might try to suppress evidence that the defendant ever possessed the property at all.

Of course, that’s just a single type of fraud crime. The best source of information about how to fight the charges against you is an experienced local fraud lawyer.

Every case is different, and a local embezzlement attorney will always be the best source of information about possible defenses in your specific case.

In Florida, embezzlement isn’t a separate crime. Instead, someone who commits the crime traditionally described by that term is simply charged with theft. Because embezzlement-type theft involves the conversion of funds or other property in the care of the accused without permission, one of the most common defenses is to argue that the defendant believed they were acting according to instructions, or that they never intended to convert the property. An experienced embezzlement lawyer will also investigate for weaknesses in the evidence, and look for violations of your rights that may be grounds to suppress evidence against you.

As with any crime, the prosecution is required to prove each element of the crime beyond a reasonable doubt. However, the elements required to establish that each crime was committed are different. A Jacksonville white collar crime lawyer can explain the elements of the specific white collar crime you’re charged with and look for ways to call each into question. The jury will be instructed to return a finding of “not guilty” if the prosecution fails to prove even a single element. If your attorney identifies weaknesses that make the prosecutor doubt their ability to prove every element beyond a reasonable doubt, they may dismiss charges or make a favorable plea offer.

There are a wide range of white collar crimes, and the sentencing ranges are different for each. For example, when the crime involves theft, the value of the property alleged to have been stolen plays a key role in the classification of the crime and the possible sentence. Theft of property valued at more than $100 but less than $750 is a misdemeanor of the first degree, with a possible jail sentence of up to one year in jail. On the other hand, if the property is valued at $100,000 or more, it’s a felony in the first degree. That means a possible prison sentence of up to 30 years in prison.

A Jacksonville white collar crime lawyer is the best source of information about what’s at stake in your criminal case.

If you’ve been charged with a white collar crime or have reason to believe you are the target of an investigation, you should talk to an experienced white collar crime lawyer immediately.

If an investigation is already underway, it’s likely that you will have to make important decisions in the near future–likely without warning. For example, you may be arrested or asked to come to the police station for an interview. Or, officers may show up at your house and ask for permission to search, or serve a search warrant. Innocent mistakes you make during these encounters could seriously hurt your case. So, it’s best to get advice from an experienced criminal defense lawyer before you have to take any action or make any choices.

Any criminal conviction–white collar or otherwise–can be appealed. However, you can’t just appeal a conviction because you don’t like the outcome of the case. Instead, you must have grounds for the appeal. For example, if the judge admitted evidence that should have been suppressed, or gave the wrong instruction to the jury, you may have grounds for appeal.