When you’re arrested for a white-collar crime in Florida, your freedom isn’t the only thing at stake. Both your professional reputation and personal relationships are also at stake. Because white-collar crimes involve large businesses or government corporations, they have the potential to negatively impact a wide variety of different areas of your life and livelihood. Additionally, Florida courts take white-collar crimes very seriously
Protecting Your Rights, Reputation, and Future
What Is a White-Collar Crime?
According to the definition provided by the Cornell University Law School, a white-collar crime constitutes a variety of crimes that take place in commercial environments, typically for the financial gain of the culprit(s). In many cases, these crimes are difficult to identify due to the fact that many offenders utilize intricate and highly secure means of orchestrating these incidences.
In the event of a white-collar crime, many prosecutors will rely on whistleblowers (employees who report criminal offenses to law enforcement or government officials) to provide details about malicious activity or wrongdoing within a business setting.
According to a report from the Federal Bureau of Investigation (FBI), the United States spends $300 million on white-collar crimes each year.
Below are some cases our team has experience handling:
- Embezzlement: This crime occurs when someone who is responsible for certain shared funds converts them for their own personal use.
- Money Laundering: Masking money gained through criminal activity so that it appears to have been gained through legal means.
- Real Estate Fraud: Fraud involving real estate and other properties. For example, presenting forged documents when selling property is considered real estate fraud.
- Mortgage Fraud: A type of real estate fraud in which false information is presented on a mortgage application.
- Banking Fraud: Schemes in which funds are illegally obtained from a financial institution. For example, lying on an application for a bank loan.
- Credit Card Fraud: Using credit cards or credit card numbers obtained through identity theft or other illegal means.
- Mail Fraud: Utilizing the United States Postal Service in the process of committing a crime. Sending fraudulent documents through the mail is a kind of mail fraud.
- Healthcare Fraud: Gaining illegal funds in a healthcare setting by manipulating billing processes or patient care.
- Medicare Fraud: A type of healthcare fraud in which Medicare is incorrectly billed or false claims are made with the intention of gaining more funds through Medicare.
- Medicaid Fraud: A type of healthcare fraud in which the Medicaid system is defrauded.
- Conspiracy to Commit Fraud: Collaborating with other individuals in planning to commit fraud.
- Racketeering Influenced and Corrupt Organization Act (RICO): Participating in fraud or other crimes committed with the involvement of a criminal organization.
Embezzling or Illegally Copying Trade Secrets in a Business
Keep in mind that the term “trade secret” refers to the entirety or part of any formula, pattern, or device (or a combination of all of these) that is owned by a business and used by members for the advantage of that business.
Under Florida Statute Title XLVI Chapter 812.081, any person who steals or embezzles a trade secret in an attempt to use that item to his/her advantage and/or to deprive the business owner from wielding power over this trade secret will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Under this code, if the defendant returned or intended to turn in that trade secret he/she had stolen, he/she may not use this piece of information as a viable defense in court (by any means).
Committing an Act of Money Laundering
Under Florida Statute Title XLVI Chapter 896.101 (the Florida Money Laundering Act), it is unlawful for any person living in the State of Florida to:
- Carry out the illegal transaction of the illicit sales of property.
- Comply with the fact that this transaction is designed to disguise or hide the identity of the owner, the source of purchase, or proceeds in an attempt to avoid reporting requirements.
- Make an attempt to conceal the details surrounding this transaction to evade the law.
- Selling property that a law enforcement officer or legal official would deem a subject of an illegal transaction.
Any person who commits an act of money laundering will be charged in one of the following ways, depending on the value of the property and the severity of the crime itself:
- If the offense involves the transaction of finances from $300 to $2,000, the culprit will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- If the offense involves the transaction of finances from $20,000 to less than $100,000, the culprit will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
- If the offense involves the transaction of finances that are greater than $100,000, the culprit will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000.
People who are charged with money laundering will also be charged with a civil penalty that does not exceed the value of any financial transactions associated with the crime or the sum of $25,000 (or potentially higher).
Committing an Act of Real Estate Fraud
As dictated by Florida State Title XLVI Chapter 817.535, any person who illegally files fraudulent or fictitious documents against any property or real estate with the intention of harassing or defrauding another person, in an effort to change the owner’s interest in this piece of property, will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
Committing an Act of Mortgage Fraud
Florida Statute Title XLVI Chapter 817.545 dictates that a person commits the crime of mortgage fraud if he/she:
- Makes any misrepresentation or misstatement of material value during the process of mortgage lending as part of an intentional act to mislead the mortgage lender.
- Uses these misrepresentations and/or misstatements with the full intention of misleading the mortgage lender.
- Receives funds or additional proceeds that stemmed from the fraudulent information.
- Files the document that contains the misrepresentation or misstatement.
Under this chapter, any person who commits the act of mortgage fraud will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000. Furthermore, if the loan value is estimated to be $100,000 or more, the culprit(s) will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000.
Committing an Act of Fraud Revolving Around Security Interest
Under Florida Statute Title XLVI Chapter 817.562, a person has committed an act of fraud revolving around security interest when he/she takes part in an agreement concerning security interest of personal property and:
- Rids himself/herself of the property and does not inform the owner of any proceeds.
- Disposes of the property in direct violation of any security agreements (breach of privacy).
Any person who commits this act of fraud will be charged in one of two ways, depending on the value of the property itself:
- If the property is estimated to be $300 or more, the culprit will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000.
- If the property is estimated to be less than $300, the culprit will be charged with a 1st-degree misdemeanor, which is punishable by a 1-year prison sentence and/or a fine that does not exceed $1,000.
Committing an Act of Fraud Revolving Around Credit and/or Purchases
Under Florida Statute Title XLVI Chapter 817.481, the act of obtaining credit or purchasing items (including property and services) with a fake credit card and additional information (including telephone numbers, credit numbers, or credit devices) without the permission of the person to whom the card was addressed is completely against the law. Likewise, any person who avoids, attempts to avoid, or prevents another person from paying the charges set by law will also be charged with criminal activity.
Ultimately, culprits can be paid in one of two ways, depending on the value of the property:
- If the property is estimated to be $300 or more, the culprit will be charged with grand larceny.
- If the property is estimated to be less than $300, the culprit will be charged with petit larceny.
Committing an Act of Patient Brokering
In keeping with Florida Statute Title XLVI Chapter 817.505, it is illegal for any person (or people) to take part in one or more of the following activities:
- To offer or pay a commission, kickback, bribe, bonus, or other monetary “gift” and/or to take part in split-fee agreements to induce any referral of patients from healthcare facilities.
- To solicit commissions, kickbacks, or similar funds for referring patients to healthcare facilities.
- To solicit and/or receive commissions, kickbacks, or similar funds for recognizing a form of treatment conducted by a healthcare facility.
Any person who takes part in the act of patient brokering will be charged in one of the following ways, depending on the severity of the crime:
- Any person who violates one or more sections of this code will be charged with a 3rd-degree felony, which is punishable by a 5-year prison sentence and/or a fine that does not exceed $5,000. The court will also order the culprit to pay a $50,000 fine.
- Any person who violates one or more sections of this code and deals with a group of patients that is larger than 10 individuals but does not exceed 20 people will be charged with a 2nd-degree felony, which is punishable by a 15-year prison sentence and/or a fine that does not exceed $10,000. The court will also order the culprit to pay a $100,000 fine.
- Any person who violates one or more sections of this code and deals with a group of patients that exceeds 20 individuals will be charged with a 1st-degree felony, which is punishable by a 30-year prison sentence and/or a fine that does not exceed $10,000-$15,000. The court will also order the culprit to pay a $500,000.
Determining a Valid Case for Fraud in the State of Florida
As indicated by the Florida Statutes, Chapter XLVI, 817.568(2), instructions listed for members of a Criminal Jury highlighted in Case 20.13, members of the court must prove (without any shred of doubt) that the defendant:
- Intentionally, willingly, and fraudulently (without the permission of authorities) possessed property or personal information related to the victim.
- He/she obtained this information without receiving the permission of the victim.
Keep in mind that the court members must also prove (without any shred of doubt) that the culprit had been fully aware of the existence of this information beforehand.