White collar crime is often associated with financial, economic or corporate crime, or crimes committed through the course of an individual’s business. White collar crimes can be charged as federal offenses, Ohio state offenses—or both.
Federal investigations have increasingly targeted white collar crime. The Columbus, Ohio based white collar crime attorneys at Tyack Law have the extensive knowledge and experience needed to build a successful defense for these complex and serious cases.
The FBI defines white collar crimes this way:
Ohio white collar crime law is … synonymous with the full range of frauds committed by business and government professionals. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.
The major threats in this area as:
As Columbus, Ohio based white collar crime attorneys, Tyack Law most often defends clients against state and federal charges for:
Computer fraud differs from mail and wire fraud in terms of both the technology used and the alleged activities. For instance, computer fraud primarily involves the use of internet-connected devices. Offenses can be related to hacking, stealing passwords, and online impersonation (e.g., catfishing). On the other hand, mail and wire fraud involves using letters, telephones, or banking transactions to illegally acquire money or services.
Embezzlement describes any method used to divert funds from a business to personal use. It is a kind of theft that can be carried out by physically taking money from a register or safe, creating false invoices, signing over checks, or diverting credit card transactions.
This is probably the most well-known white collar federal offense. According to Title 18 of the United States Code §§ 1961-1968, Racketeer Influenced and Corrupt Organizations (RICO) was enacted to prosecute individuals or organizations who commit at least two criminal acts within a ten-year period that are associated with racketeering activity involving interstate commerce. Since this offense is a federal crime, a person charged with this offense will be prosecuted in Ohio’s federal courts.
Racketeering describes illegal business practices in general. The term itself comes from organized crime, which ran rackets such as rigged lotteries and protection scams. Under current law, any pattern of activities related to bribery, embezzlement, fraud, or money laundering can be prosecuted as racketeering.
Under 18 USC § 1341, mail fraud usually occurs when a person commits a fraud against someone else to obtain that person’s money or property through the use of the United States Postal Service or a private mail carrier.
Another common federal offense is wire fraud which occurs when a person engages in fraudulent activity through the use of any wire—including telephones, internet, or radio—that crosses state lines.
Insider trading occurs when an agent of a company discloses non-public information about the company for personal financial gain. In most cases, the agent gives tips to friends, family, and business partners on when to sell or buy stock and securities of a company for the greatest financial gain, usually right before stock declines or information about the sale of a company goes public.
Sentences for white collar crime convictions usually include substantial financial penalties, orders to pay restitution, and incarceration. Prison time is possible, but probation or monitored house arrest tend to be more common for offenses that do not inflict physical harm.
Each case will be different, but a white collar criminal defense attorney will work to prove that his or her client either committed no offense or made an error instead of intending to defraud or steal. For instance, a Columbus, Ohio bribery charges defense attorney could gather evidence and testimony showing any money or items that changed hands were gifts given over the course of an existing friendship. Proof that the gifts did not influence any decisions that affected the client would also be sought.
A Columbus forgery defense attorney could work to establish that someone other than his or her client created the falsified documents. Another line of defense could be that the client created the documents but did so in the full belief that doing so was part of his or her regular responsibilities as assigned by someone else.
Put our extensive experience at the negotiating table and in the courtroom to work for you. We will bring in outside experts to make sure we have all the necessary resources available to build your defense. We make extensive use of business lawyers, accountants, auditors, and other experts to give you every advantage possible. In fact, we are the only firm in Ohio that has three lawyers named the Best Lawyers in America in the area of white collar crime.
We represent clients charged with white collar criminal offenses in Franklin County, Delaware County, Licking County, Union County, and other surrounding Central Ohio counties. If you are facing charges for a while collar criminal offense, let us know how we can be of service. To schedule a consultation, call (614) 221-1342 or fill out this online contact form.