White Collar Crime Law Expanded

Antitrust laws have been put in place under the theory that the public benefits from free competition in trade and industry. People in violation of antitrust laws include individuals who have allegedly rigged bids, fixed prices or allocate markets. Business owners or any individual who advises or aids another can be found to have conspired to violate antitrust laws

Bank fraud is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution. This can occur when a bank employee embezzles or in a much more complex scheme to defraud such as false loan applications.

A bribe is defined as the offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties. A bribe can consist of immediate cash or of personal favors, a promise of later payment, or anything else the recipient views as valuable. It is not necessary to have a written agreement.

Any deceptive practice that results in financial or other loss for a consumer during the course of what appears to be a legitimate business practice can result in prosecution for consumer fraud. This includes identity theft, internet fraud, and tax scams.

Counterfeiting is imitating currency, documents or products with the intent to fraudulently pass the item off as genuine. Typically, this is done to take advantage of the established reputation or worth of a product. Counterfeiting of goods can lead to patent and trademark infringement crimes.

Our office has handled many counterfeiting cases including computer software, bootleg compact discs and DVD’s, currency and various documents.

Embezzlement is defined as the fraudulent appropriation of property by someone to whom it has been entrusted. Typically, this involves a relationship of trust whether it be a family member, employer-employee relationship, agent or trustee. This differs from larceny because the person comes into possession of the property legally, but fraudulently takes title to the property thereafter.

Extortion occurs when a person uses force or threats to compel another to give over money or other property. Extortion can also occur when, acting under the color of official right, one uses force or threats to compel a public officer to perform an official act or where a public official compels another person to give money or other property.

Forgery is the making, drawing, or altering of a document with the intent to defraud. It can also include a signature made without the person knowing of or consenting to it.

Mail fraud is a crime in which the offender develops a scheme to defraud another of money or property and uses the mails. It requires the specific intent to defraud. Wire fraud also requires the specific intent to defraud but by means of electronic communication, e.g., phones, internet.

Money laundering is the act(s) of creating the appearance that money obtained from criminal activity, such as drug trafficking, white collar crime, or terrorist activity, originated from a legitimate source. Money laundering laws were enacted to take the profit out of criminal activity.

Mortgage fraud is a term used to describe a broad variety of criminal actions where the intent is to materially misrepresent or omit information on a mortgage loan application to obtain a loan or to obtain a larger loan than would have been obtained had the lender known the truth. In federal courts, mortgage fraud is prosecuted as wire fraud, bank fraud, mail fraud or money laundering.

Commonly, perjury is known as lying under oath. It is the deliberate, willful giving of false, misleading, or incomplete testimony under oath.

RICO stands for the “Racketeer Influenced and Corrupt Organizations Act.” RICO laws were enacted to increase the punishment (and forfeiture provisions) for crimes performed within organized crime. It is also known as “racketeering crime.” Evidence of a criminal organization must exist and it must be proven by the prosecutor.

Securities Fraud is a crime in which securities investing or trading laws have been violated. The definition of a “security” encompasses many things including stocks, bonds, commodities and other investments. Securities fraud can be described as deceptive practices in the stock and commodity markets. Generally, securities fraud occurs when investors are enticed to buy securities based on false statements.

Securities fraud, also known as stock fraud and investment fraud, is a practice in which investors make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws.

Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.