White Collar Offenses
Twin Cities Area White Collar Offense Lawyer
Laws throughout the country long have addressed theft, punishing those who steal money and other goods. In the past few decades, state laws have been changing to address new ways in which crimes involving the theft of money can be committed. The white collar crimes, or economic crimes, are considered serious offenses.
The term “white collar crime” can include a variety of offenses, all with varying degrees of charges and different penalties. If convicted of a white collar crime in Minnesota, a person likely could face jail or prison time, expensive fines and even forfeiture of his or her property. If you have been accused of a white collar offense, contact an experienced attorney.
Apple Valley White Collar Crime Lawyer | Minnesota
If you have been accused of a white collar offense in Minnesota, contact Apple Valley economic crime attorney James Blumberg. These offenses can be complicated, and the charges can carry harsh penalties. James has handled a plethora of white collar cases, both as an attorney and a prosecutor. He has sophisticated knowledge that can help you every step of the way.
Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.
Information About Economic Crimes
- Types of White Collar Crimes
- Crimes Against Commerce
- Racketeering Charges in Minnesota
- Who Commits White Collar Crimes
- Additional Resources About Economic Crimes
Types of White Collar Crimes
White collar crimes cover a wide range of offenses that involve money and property. Generally, these crimes involve some sort of gain through illegal means, whether it is money, credit or property. This could range from minor misdemeanors to some of the most serious felony offenses. Some possible white collar crimes in Minnesota include:
Financial Transaction Card Fraud — Credit or debit card fraud can happen in various ways, including using a card without the cardholder’s consent. Using a forged debit or credit card, as well as selling or giving away a credit card without authorization of the owner also could constitute as financial transaction card fraud, according to Minnesota Statute 609.821. The penalties for the offense vary based on the amount obtain through illegal means.
Identity Theft — A person who transfers, possesses or uses an identity that is not the person’s own, with the intent to commit, aid or abet any unlawful activity is guilty of identity theft, according to Minnesota Statute 609.527. The penalties are determined by the number of victims and the value of the total combined loss.
Bribery — Several acts could constitute bribery, according to Minnesota Statute 609.42. Giving, offering or promising some sort of financial gain or reward to another party in exchange for something is considered bribery. This includes both the giver and the receiver. For example, if a citizen gives money to a public official and it affects his or her duties, they both could face bribery charges. This could mean up to 10 years in prison, $20,000 in fines or both.
Fraud in Obtaining Credit —Obtaining personal credit or credit for another from a bank, trust company, savings association or credit union by means of a present or past false representation as to the person’s or another’s financial ability could be considered a crime. Under Minnesota Statute 609.82, if no money is obtained, a person could face up to 90 days in jail, $3,000 in fines or both. If money was obtained, sentencing would depend on the value, like theft charges.
Embezzlement of Public Funds —Embezzlement is a criminal offense in Minnesota. Under Minnesota Statute 609.54, embezzling public funds of $2,500 or less could mean up to five years in prison, $10,000 in fines or both. Embezzling more than $2,500 could mean up to 10 years in prison, $20,000 in fines or both.
Forgery — Several acts could be considered forgery under Minnesota Statute 609.63. Writing false information for the purpose of identification, altering membership cards for businesses or organizations and destroying an object to prevent it from being used at trial could be considered forgery. The crime also could be an aggravated offense.
Issuance of Dishonored Checks — Whoever issues a check with the intention of not actually paying the party to which the check is given could face charges under Minnesota Statute 609.535. Penalties for the offense vary based on the value of the dishonored check, but it could include years of jail time and expensive fines.
Crimes Against Commerce
Minnesota law has a series of crimes against commerce, which also could be considered white collar offenses. These crimes can include a variety of computer-related crimes, telecommunication offenses and even some types of bribery. Some of these offenses include:
- Commercial bribery;
- Computer crimes;
- Computer damage and theft;
- Unauthorized computer access;
- Criminal use of encryption;
- Cellular telephone counterfeiting; and
- Criminal use of real property.
Racketeering Charges in Minnesota
A person could be charged with racketeering if he or she is employed with an enterprise and intentionally conducts or participates in the affairs of the enterprise by participating in a pattern of criminal activity, according to Minnesota Statute 609.903.
The charge also could apply if the person acquires or maintains an interest in an enterprise by participating in a pattern of criminal activity. If he or she participates in a pattern of criminal activity and invests proceeds from in an enterprise or property, it could be considered racketeering.
A person convicted of racketeering may be sentenced to up to 20 years in prison, a fine of up to $1 million or both. In some instances, a fine could be calculated differently. The maximum fine is three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited, according to Minnesota Statute 609.904.
Who Commits White Collar Crimes?
It’s a common misconception in the United States that those who commit white collar crimes face little to no penalties. A considerable percentage of white-collar offenders are gainfully employed, have good standing within their community, are dedicated parents, and have little to no criminal background. These are people no one “would suspect” of committing a crime because they have such strong ties to community, family, and possibly religious organizations.
In fact, most white-collar offenders will commit their first crime sometime between their late thirties and mid-forties according to the Oxford Handbook on White Collar Crime. Often these people are doctors, lawyers, businessmen, and other upstanding people who simply made a mistake or a bad judgement. Despite these facts, the State of Minnesota will not hesitate to prosecute anyone for a white-collar crime.
Additional Resources About Economic Crimes
Help for Minnesota Identity Theft Victims — The Minnesota Department of Public Safety explains how a person can be affected by identity theft and what can be done after the crime has been committed. Find out more about how to report the offense.
The Minnesota Financial Crimes Task Force — This division of the Minnesota Department of Public Safety protects and serves the public by investigating financial crimes related to identity theft, with a special emphasis on organized criminal enterprises.
National White Collar Crime Center — This non-profit organization has worked with state and local law enforcement agencies for more than 30 years in an effort to prevent investigate and prosecute economic and high-tech crime.
Dakota County White Collar Offense Attorney | James Blumberg Law
The criminal justice system can be complex, especially when handling financial crimes. Contact Apple Valley white collar crime lawyer James Blumberg to have an experienced and dedicated attorney fighting for your rights. James Blumberg Law offers free initial consultations to help prospective clients. Call (952) 431-7758 today to set up a consultation. James Blumberg Law is based in Dakota County, but accepts clients in surrounding counties including Rice County, Sibley County, Scott County, Dodge County, Carver County, Steele County, and Olmsted County.