The annual losses suffered from white-collar crimes range from $426 billion to $1.7 trillion as of 2021. Unfortunately, there was only 4,727 white-collar crime lawsuit in 2021. White-collar crimes are non-violent crimes that are generally committed for financial gain. Fraud is a common white-collar crime and is covered within Chapter 817 of the Florida Annotated Statutes. Also, white collar crimes refer to various offenses committed within a corporate or an organizational setting.
As per the FBI, “such crimes are characterized by deceit, concealment, or violation of trust.” The motivating factor behind such crimes is to get or refrain from losing money.
Before a victim decides to file a white-collar crime lawsuit in Florida or the accused starts to fight against the allegations. In both scenarios, it is important to understand white-collar crimes in detail.
Understanding white-collar crimes in Florida
There are various types of white-collar crimes prevailing in Florida. Some of them are called misdemeanors and others are charged as felonies.
Following are some of the white-collar crimes that enable the victim to file white-collar crime lawsuits in 2022:
- Banking fraud.
- Credit card fraud.
- Financial fraud.
- Healthcare fraud.
- Insider dealing.
- Insurance fraud.
- Tax evasion.
- The exploitation of senior citizens.
- Medicare fraud.
- Money laundering.
- Real estate fraud.
Generally, white-collar crimes are charged as felonies as they fall under the same bracket of misuse of public or government office. If a victim can prove any losses occurred to incidents mentioned above, then he/she becomes eligible for the white collar crime compensation.
The penalties for white-collar crimes
Since there are different types of white-collar crimes and each crime has different penalties. The strictness of the crime depends upon various factors like the number of victims or the amount of money involved in the white-collar crime.
Whether the accused will be required to pay the compensation to the victims or it can be settled. It depends upon the money lost in the crime and the court or legal fees. The penalty entirely depends upon the crime.
As per the white-collar crime updates in 2022, the following are the penalties charged for white-collar crimes:
- White-collar crimes can lead to misdemeanor or felony charges.
- The accused charged with first-degree misdemeanor faces up to $1,000 and one years in prison.
- The second-degree misdemeanor can bring the penalty up to $500 and 60 days in jail.
- Third-degree felonies incur up to a $5,000 fine and five years in jail.
- Second-degree felony charges carry 15 years in jail and a $10,000 fine.
- A first-degree felony charge incurs up to $10,000 and 30 years of sentence in jail.
If the white-collar crime offender is charged with two or more offenses that gain $50,000 or more, then the accused needs to pay a $30,000 fine and 30 years sentence in jail.
Apart from all the above-mentioned penalties, the accused could be placed on probation and lose his/her professional license. To prove the accountability of the accused, the victim must get the legal assistance of the best attorney for white-collar crime.
A recent case
A Miami pharmacy owner was recently sentenced to four years of jail for his actions in a national Medicare fraud. The accused had submitted fraudulent claims to Medicare for drugs that were not required or prescribed at all. The accused submitted the drugs using the names of the doctors and Medicare beneficiaries.
Defensive strategies against white-collar crimes
When a person or an organization is charged with a white-collar crime, it becomes important to hire a professional, expert, and reliable white-collar crime lawyer in Florida. With help of an experienced attorney, the accused can increase the chances of walking away with lesser charges or penalties. Such white-collar crime lawyers in Florida are experts in negotiating the charges with the prosecuting attorney and reducing them to misdemeanor charges or at least providing an opportunity to lead a less severe charge.
The prime thing to note while building a criminal defense strategy for white-collar crimes is to check what type and number of evidence the prosecution has. It is important to determine the elements of the crime and evidence to make white-collar crime lawsuits stronger. Always remember that there may be some soft spots or evidence that can be managed differently because there can be sometimes when the government gets the wrong idea.
The lawsuit against white-collar crime often has a pile of documents in the store to handle. In case any document goes missing, it can break the whole case and the defense attorney will leverage such an opportunity. To tackle such a situation, it becomes essential to keep a ledger to keep a check on the documents.
One of the most common defensive strategies is to source the money. Another defensive strategy is the defense of the state. It is not uncommon for people to make mistakes without any criminal intent. Such a type of defense is entirely legitimate in the defense of white-collar crimes.
How can a white-collar crime attorney in Florida help?
An experienced attorney can help the accused or victim win the white-collar crime lawsuit. Check out some of the most common reasons to choose a proficient attorney to file your claim:
- An expert law firm helps the accused to retain the professional license.
- The attorney works with the client to ensure that the charges are dropped.
- A professional attorney creates a strong legal defense.
- Preserving all essential pieces of evidence.
- Helping the victim to get fair compensation.
- Determining a fair compensation and ensuring that the victim is getting the compensation he/she deserves.
- Talking on behalf of the accused, the attorney can help to prove an accused is innocent. Anyone is innocent until proven guilty. The attorney works to keep the accused on the innocent side.
- For a victim, the best attorney for white-collar crime ensures to provide fair compensation to the victim for the losses incurred due to white-collar crimes.
For all the above-mentioned reasons, both the accused and victim need to hire a white-collar crime firm in Florida.
Consult with The Reyes Firm today
Call us at (833)422-3329 to get a free consultation regarding your white-collar crime lawsuit. The Reyes Firm has years of experience defending clients charged with white-collar crimes. We have all the skills and professional knowledge to help you beat the prosecution.