The term white-collar crime is attributed to sociologist Edwin Sutherland. A term he introduced in 1939 to refer to non-violent financial crimes by people of influence.
Today the phrase refers to a larger group of offenses that includes non-work-related activities such as identity theft and credit card fraud.
The distinguishing features of this class of crime involve deception and misrepresentation to trick the victim out of money.
In the case of companies violating safe working conditions to save money, this can lead to employee injuries and death.
Corporations that break laws designed to minimize environmental pollutants may be charged with felonies or misdemeanors.
The office of William Hanlon Criminal Lawyer in Tampa can provide an effective legal strategy for companies charged with white-collar offenses.
3 Types of White Collar Crimes In Florida
The most common types of white-collar crimes in Florida are bribery, embezzlement, tax fraud, and securities fraud.
In addition, telemarketing fraud, insider trading, identity theft, and money laundering are often prosecuted. Any time the defendant intentionally misleads a victim for financial gain, it is considered fraud and illegal.
Other financial crimes included under the umbrella term “white-collar crimes” include welfare fraud, investment schemes, and bank fraud.
These crimes are covered under Chapter 817 of the Florida Annotated Statutes, along with money laundering and embezzlement.
#1. Recent Florida Cases
In 2016 Damian Mayol, the president of Transportation Services Providers in Miami, was sentenced to 5 years in prison and fined 27 million dollars for his part in a 70 million dollar health care fraud scheme.
Along with fraud, identity theft cases can lead to felony indictments. Elton Bandoo, a resident of North Miami Beach, was charged with stealing the identities of 27,000 people and using their data to obtain fraudulent tax refunds.
Bandoo was ordered to pay 585,000 dollars in restitution and sentenced to 7 years in prison. Delroy Drummond pleaded guilty to conspiracy to commit wire and mail fraud in a recent telemarketing lottery scam.
Older people were phoned and told they had won a lottery and needed to mail in taxes and funds. Drummond, who faced up to 20 years in prison, was sentenced to 41 months.
#2. White Collar Crime Penalties
In Florida, penalties for committing one of these crimes can be quite severe. In 2001, Florida passed The White Collar Crime Victim Protection Act.
This act prohibits fraud, money laundering, identity theft, and embezzlement. The accused can be charged with a misdemeanor or felony, depending on the amount of money involved and how many people were victims.
If the amount was stolen was small, it may be charged as a misdemeanor. This would lead to a fine of 500 to 1000 dollars and a jail sentence of 6 months to 1 year.
When the crime involves large amounts of money, it is likely to be charged as a felony and will have more serious penalties.
For example, in the case of bank fraud, there is a possibility of 30 years in prison and one million dollars in fines. If the charge is money laundering, there can be a 7-year prison term and fines of 500,000.
In cases where the elderly are targeted and the number of victims exceeds 10, the defendant may be charged with “aggravated white-collar crimes.”
#3. Defending Against White Collar Criminal Charges
These cases are often very complex and require experienced attorneys to provide the best defense. William Hanlon Criminal Lawyer in Tampa, has years of experience defending clients charged with white collar crimes.
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