Are you being accused of stealing from your employer or committing fraud? The best way to avoid harsh penalties is to work with an experienced and tenacious criminal defense attorney who will pursue the strongest possible white collar criminal defense and take steps to mitigate the consequences of a potential conviction.
At Alabama Criminal Lawyers, we represent individuals in Birmingham and throughout Jefferson County, AL. To talk with us about the allegations against you, contact us online or call (205) 981-2450.
White collar crime is an umbrella term for offenses that typically do not involve violence or destruction of property. Instead, a white collar crime is usually a financial crime. Offenses like fraud, embezzlement, identity theft, and data breaches are intended to give the perpetrator something of value, be that money, real estate, or power.
Though white collar crimes cases do not usually involve physical violence, they are still taken very seriously. State and federal district attorneys will prosecutor financially motivated crimes to the fullest extent of the law.
If you are accused of a financial crime, contact a white collar crime attorney as soon as possible. The consequences of a white collar crime conviction can be harsh, including high fines, imprisonment, and limitations are your professional opportunities in the future.
There is not one specific law for white collar crime. There are many statutes prohibiting various financial offenses, which all constitute white collar crime.
Our white collar criminal defense attorneys at Alabama Criminal Lawyers can defend you against:
Embezzlement if the unlawful taking of money or property by a person who was given access and control of that money or property due to a position of trust. Embezzlement often happens in corporate environments when an officer or employee has access to business funds. However, embezzlement can also occur between people.
For example, a guardian who has a fiduciary duty to a child or adult with a disability may embezzle their ward’s funds. Under Alabama law, embezzlement is a theft offense and charged based on the value of the money, property, or services stolen. If you are accused of stealing more than $500, you will face a Class D, C, or B felony.
Alabama prohibits several types of fraud, including business frauds (AL Code 13A-9-40 – 13A-9-52), charitable fraud (AL Code 13A-9-72 – 13A-9-76), illegal possession of food stamps (AL Code 13A-9-91), home repair fraud (AL 13A-9-110 – 13A-9-115), residential mortgage fraud (AL Code 13A-9-130), public assistance fraud (AL 13A-9-150).
All of these offenses involve an individual intentionally deceiving others to unlawfully obtain a benefit. If you are accused of any type of fraud, your first step should be to refuse to speak to the police until you have obtained a white collar attorney.
Many white collar crimes are perpetrated online. In some circumstances, the internet is merely a convenient medium for the offense. The internet is full of financial scams. In other cases, the crime relies on a specific function or aspect of the internet or computer technology.
Depending on the circumstances, you can be charged with an internet crime such as identity theft, fraud, illegal file sharing, piracy, cyberstalking or harassment, or hacking/data theft. Many internet crimes are charged at the federal level. If your alleged criminal activity crossed state lines or impacted interstate commerce, then you will face federal charges instead of Alabama charges.
Racketeering involves fraudulent business practices. In many cases, it involves extortion and coercion. The federal Racketeer Influenced and Corrupt Organizations Act (RICO), extends criminal penalties to acts performed on behalf of a criminal organization.
In other words, RICO and other racketeering laws target organized crime. Alabama does not have a state-level racketeering statute. If you are accused of violating RICO, you will face harsh federal charges.
Other forms of white-collar crime include health care fraud, credit and debit card fraud, bribery, extortion, forgery, counterfeiting, insider trading, securities fraud, intellectual property infringement, and money laundering. For all of these offenses, you may face charges under Alabama law or federal law. In either situation, you need to contact a white-collar crime lawyer for help right away.
If you are charged with and convicted of an Alabama white-collar crime, the penalty you face depends on the level of the charge. In most circumstances, you will face a felony.
The potential penalties for felonies in Alabama include:
If the current offense is not your first felony conviction, then you face a higher minimum term of incarceration. You should always speak with a white-collar crime lawyer about the potential minimum and maximum sentence for an offense.
Illegally possessing or fraudulently using a credit or debit card if a Class D felony in Alabama.
Yes, if you alter or falsify business records with the intent to defraud, you could be charged with a Class B misdemeanor.