White Collar Crimes Attorney Las Vegas
Free Consultation White Collar Crimes Attorney Las Vegas
White collar crime typically refers to crimes involving businesses, fraud, or forgery by people in positions of trust. Such offenses broadly include many non-violent, financially motivated offenses committed by employees and business professionals. Since these cases are highly complex, finding qualified legal representation is an important part of defending against the prosecution. A number of different crimes in Nevada are considered to be white collar crimes.
White-collar crime is a nonviolent crime committed for financial gain, “these crimes are characterized by deceit, concealment, or violation of trust.” The motivation for these crimes are many. These are different from street crimes such as robbery, burglary, murder, drugs crimes involving a deadly weapon, etc.
Examples of white-collar crimes include securities fraud, embezzlement, corporate fraud, grant scams and money laundering. The Feds and the state of Nevada investigate white collar crime the Securities and Exchange Commission (SEC also investigates and charges people, In some instances the SEC will pursue suspected offenders civilly., but they might involve the criminal investigation division
These crimes include credit card fraud, securities fraud, welfare fraud, embezzlement, wire fraud and Mail fraud and others. (If you steal from a bank, it is theft. If you are a teller and steal from your bank, it is embezzlement) White-collar crime is non-violent wrongdoing. There are many different variations Finances are misrepresented to encourage investments in the company Risks are downplayed. Welfare payments are collected by people that are not entitled to them. Sometimes the rightful recipients are dead
Fraud, forgery and identity theft are white collar crimes. These are crimes of moral turpitude which could adversely affect employment prospects. NRS 360,340 sets the penalties for fraud or intentional evasion of a Tax. The Feds usually investigate tax fraud. Their penalties are more severe.
Mail fraud and wire fraud are two of the most frequently prosecuted federal crimes. They carry some of the heftiest penalties, including decades in prison and enormous fines. Their definitions are extremely broad. Wire fraud even encompass internet fraud. The emails are usually linked to a server in another state. Yahoo is based California. If you use email to perpetuate a fraud in Nevada, since it crosses State lines you can be prosecuted Federally
The government must prove:
- There was a “fraudulent scheme” meant to deprive another person or institution out of money, property, or “honest services” (such as ethical conduct or trade secrets).
- The defendant had an intent to defraud.
- The fraud involved material misrepresentations of truth. (Not something minor like using the wrong address. But something major. For instant the defendant that caused the victims to invest in fraudulent scheme. (returns of 10 % every month were promised).
- The defendant used the mail to carry out the fraud.
These are considered the elements of the fraud (sending brochures) If government can’t prove each and every one, the Defendant should be acquitted.
The penalties can be draconian. Nevada Revised Statutes 205.377 – Multiple transactions involving fraud or deceit in course of enterprise or occupation; The penalty is imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $10,000. However, this is probationable. Probation is much more likely restitution is paid. Often with Bad check case the charge can be dismissed and then the Defendant can seal the record, so if potential employees
In Nevada Theft from someone 60 or older carry increased penalties called enhancements. There is the original penalty for theft and then there is an additional penalty the must run consecutively. Under NRS 193.167, any person who commits certain crimes “against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.”
There are Federal Laws Against Money Laundering
18 U.S. Code Section 1956 is the main federal statute that defines, prohibits, and penalizes money laundering. In order to qualify as money laundering, a person must knowingly conduct or attempt to conduct a financial transaction with the intent to:
- Promote the performance of a specified unlawful activity;
- Engage in tax evasion or fraud under the Internal Revenue Code;
- Conceal or disguise the proceeds of a specified unlawful activity; or
- Avoid financial reporting requirements under U.S. federal or state law
Based on these laws, you could be prosecuted under State of Feral Law. State law is much better. The penalties and less severe. The prosecutors are more flexible and the possibility of probation is much greater. If you are in need of a White Collar Crimes Attorney in Las Vegas, then you need one that is experienced in both State and Federal White Collar Crime. At Yampolsky & Margolis, we have handled hundreds of fraud cases since its inception in 1986. We like to make contact prior to the actual charges are filed, we can usually convince the prosecutors to charge a lesser crime, not file charge or agree to a more favorable disposition. IF you suspect that you will be charged with a white collar crime, it is in your best interest to contact an experienced criminal defense attorney (like us) immediately.