White Collar Crimes Archives - Jacqui Ford Law: Recent Episodes
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Oklahoma State Vs. Federal White Collar CrimesThere are a great many differences between Federal and State prosecutions, which an Oklahoma Criminal Defense Attorney like our team at Jacqui Ford Law could dwell upon for hours upon hours. However, for the sake of brevity, only a few items will be discussed in this blog.
Everyone has heard the old saying: “The Pen is mightier than the Sword.” If one gives some thought to the saying, it becomes self-evident, especially in a nation that has a very active First Amendment right.
There is a version of the above saying, utilized by Federal Criminal Defense Attorneys: “You can steal more with a Pen than you can with a gun.”
That’s where white collar crime comes in.
What is White Collar Crime in Oklahoma?When you use the term “white collar crime” everyone thinks of “hot checks” or “bogus checks” or “bounced checks,” but white collar crimes comes in many forms:
- Embezzlement
- Ponzi schemes
- Fraud, both public and private
- Check kiting schemes
- Tax evasion and Fraud (note: it is not a crime to avoid taxes, but it is a crime to evade filing and paying your State and Federal taxes)
- False and fraudulent filing of claims with private employers and Government agencies
- Medicare, Medicaid and Social Security fraud
- Workers’ compensation fraud and false claims
The list goes on and on.
What is the difference between State and Federal White Collar Crime?1. The first and most important difference between State and Federal white collar crime is the jurisdiction.The Federal Government’s jurisdiction over white collar crime is one of limited jurisdiction. Usually, the Federal government does not prosecute “hot checks,” and leaves that to local authorities. The exception is when there is “aggravated identity theft or an organized group conducting fraudulent transactions involving many different banks over state lines.”For example, money theft from an FDIC licensed bank by a teller will bring a swift reaction from the Secret Service or the FBI because this is a Federal crime, with virtually exclusive jurisdiction by the federal government. Most importantly, the banks MUST report the theft to the appropriate law enforcement authorities, regardless of the fact that the money was paid back in full and the employee was terminated.The same goes for Medicare, Medicaid, Social Security, The United States Postal Service, and ALL Military institutions. (Very few criminal defense attorneys realize that you can be issued a DUI by a Federal Agent on a lake patrolled by Federal law enforcement. The DUI is handled in Federal Court, just like any other Federal Crime. Many Federal Criminal defense attorneys have appeared in Federal Court with their clients charged with DUI, from a weekend of fun on a lake patrolled by Federal Agents, after driving their boat while under the influence of alcohol. Unfortunately for them, it really does turn into a “Federal Case.”)It is safe to say that Federal law enforcement and prosecutors more often than not will decline to file on a questionable jurisdiction rather than try to stretch the facts to bring a case into federal jurisdiction. 2. The second difference between State and Federal white collar crime is the treatment of individuals who are convicted of a white collar crime.In 1984, the United States Congress passed the United States Sentencing Guidelines (USSG) which attempted to achieve uniform sentences for all individuals convicted of a Federal Crime. Congress felt that there was a massive disparity between sentences across the United States between different Circuits and attempted to create a uniform sentencing regime.To date, there have been over 100,000 cases involving the USSG and their sentencing. The U.S. Supreme Court in United States v. Booker ruled that the USSG was “advisory” and not mandatory, thereby giving United States District Court Judges the ability and discretion to give a sentence that achieved the original purpose of the Federal sentencing regime.The USSG created a schedule of “losses” based upon a dollar amount that was then assigned an “enhanced point amount” that increased the sentencing range of a person convicted of a “financial crime.” The dollar amount ranged from “zero to $25,000,000” and enhanced an individual’s sentencing range accordingly.
What else do I need to know about white collar crime in Oklahoma?As is always the case with schedules and charts, they are subject to interpretation.
An example: an individual was convicted of stealing credit cards, and using those credit cards in the amount of $5000. The District Court added the credit limit of the credit cards and the potential loss and used the scheduling chart to enhance the individual’s prison sentence. In this example, the “actual” loss was $5000, but the credit card had a credit limit of $50,000. The Court increased the “loss” to $50,000 rather than $5000 because it had the potential of having a loss of $50,000, and sentenced the individual according. The Appellate Court agreed.
Under federal law, aggravated identify theft — which involves the actual “stealing of another person’s identity” — carries a minimum mandatory sentence of two (2) years, which is consecutive to the regular sentence a person would receive. Congress felt that if a thief actually stole someone’s identity, then they should be punished more harshly than a common thief that just used the credit card as it was printed.
The system established by the USSG leaves little room for any type of probation for a white collar crime. It is safe to say that all federal white collar crimes WILL result in actual prison time.
Additionally, the USSG virtually eliminated any type of probation or paper time. And while in federal prison, you must serve 85% of the sentence because there is no parole in the Federal system.
Contact Jacqui Ford Law todayIf the federal government is after you for any type of white collar crime, you must obtain the professional services of an experienced federal criminal defense attorney, and you must do this as soon as possible.
Contact us today to learn how our team can help.
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Embezzlement in Oklahoma is a type of property theft that deals with violating trust (as in you were trusted not to steal). It is typically considered a “white collar crime.“
Contrary to popular belief, embezzlement is not limited to workplaces. It can be a family member who’s supposed to handle finances for an elderly or sick family member, then the person is found to have taken the money for themselves.
The severity of the crime and the possible penalties for an embezzlement conviction vary depending on how much money or the value of the property taken.
Read on to learn more about Oklahoma embezzlement crimes and punishments from experienced criminal defense attorney Jacqui Ford.
What are the laws on embezzlement in Oklahoma? In Oklahoma, embezzlement is defined as the illegal taking of money or other property by someone who had a responsibility to handle the money or property, but had no legal right to take the money or property for themselves and their own personal gain.
Here’s how Oklahoma punishes embezzlement crimes:
- Property valued $500 or less: if convicted, the defendant could get up to a $1,000 fine and up to one year in prison.
- Property valued between $500 and $1,000: if convicted, the defendant could get up to $5,000 in fines, one year in jail, as well as being forced to pay restitution. Restitution is compensation paid to the victims of crimes.
- Property valued between $1,000 and $25,000: If convicted, you could get up to five years in prison, a fine of up to $5,000, and he or she could be forced to pay restitution.
- Property worth more than $25,000: This conviction will result in the harshest penalties. He or she could get up to 10 years in prison, up to $10,000 in fines, and restitution.
Is there a statute of limitations on embezzlement charges in Oklahoma?The statute of limitations is the maximum time after an event after which legal proceedings may be initiated.
There are two different statutes of limitations when it comes to embezzlement charges in Oklahoma:
- Embezzlement cases involving theft of public property or public money (i.e. stealing from a government agency) have a statute of limitations of seven years. That means prosecutors have seven years from the time the alleged theft occurred to press charges.
- Embezzlement cases involving private money or private property have a statute of limitations of five years. That means prosecutors have five years from the date of the alleged theft to press charges.
It’s also important to note that prosecution must be commenced from the discovery of the embezzlement.
Contact Jacqui Ford Law for help with your Oklahoma embezzlement caseAs you can see, embezzlement is as serious as it sounds, with the potential for big fines and time behind bars. If you or someone you love is accused of embezzlement, you need the help of an experienced criminal defense attorney. Contact Jacqui Ford’s office today to schedule your free consultation.
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Embezzlement is a big and scary word for a certain type of property theft.
It’s the kind of property theft that happens when someone entrusted to manage someone else’s money or a business’ money steals from the person or business and uses it for personal gain.
The big factor in embezzlement cases is that the person accused of stealing did not have ownership of the money or property, but the person did have access to it. Basically, embezzlement is stealing with the added factor of being trusted to oversee the very thing that was stolen.
At Jacqui Ford Law, we’ve been defending our Oklahoma City clients against criminal accusations for more than 15 years. If you’ve been accused of embezzlement, you’ve come to the right place.
What are some examples of embezzlement? Embezzlement can happen in many different situations. Examples include:
- A bank teller who has access to money in the bank steals from the vault.
- A family member is caring for a relative and steals money or property from the relative.
- An investor who is handling client investments takes the money for his or her own gain.
- A computer technician who steals laptops from his or her company’s supply room
In many cases, the person accused of stealing money manipulates or alters financial records in an attempt to conceal the theft.
There are different “levels” of embezzlement. For example, taking some pens and paper from an office – though a criminal offense – is not punished the same way as stealing thousands. Regardless, without the help of Oklahoma defense attorney Jacqui Ford, penalties resulting from embezzlement could affect your life for years to come.
What are the penalties for embezzlement in Oklahoma? Embezzlement is considered a serious crime, and it can end with jail time, a hefty fine, or both.
In most states, the seriousness of the crime depends on the following:
- Property value – how much money was stolen? What was the value of the property that was stolen? Was it less than $500? More than $20,000?
- Type of property – Was it furniture? Or was it an assault rifle that was stolen during a hurricane? These are the types of questions that will have to be answered before it can be determined just how serious of a case it is.
- Fraudulent intent – If you’re going to be convicted of embezzlement, the prosecution has to prove that the defendant knowingly defrauded the victim. In some cases, loved ones will prove or try to prove that they had the right to that money. If that is proven, then there is no embezzlement.
How does restitution factor into an embezzlement case? In many cases, the state will make people who are convicted of embezzling pay restitution to their victims. Restitution is simply the act of giving back something that is owed or compensating for injury or loss.
In criminal cases, restitution is typically added onto the fines that are handed down, and also any prison sentence given to the defendant.
Contact Jacqui Ford todayAre you or someone you love accused of embezzling? Your first step is to hire an experienced criminal defense attorney like Jacqui Ford. Our firm has successfully defended clients in a number of different money-related matters, including embezzlement. In each case, we apply diligent investigation practices and build a case that allows us to challenge the prosecution at every step of the way – many times preventing the case from ever reaching court. Contact Jacqueline Ford’s office today for help.
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Embezzlement is a big and scary word for a certain type of property theft. It’s the kind of property theft that happens when someone entrusted to manage someone else’s money or a business’ money steals from the person or business and uses it for personal gain. The big factor in embezzlement cases is that the […]
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Brad Post, Host, Create the Movement: Welcome to Your Best Defense podcast. We are speaking to Oklahoma federal white-collar defense lawyer Jacqui Ford. Jacqui, how are you doing today? Jacqui Ford, Oklahoma City Criminal Defense Attorney: I’m doing great Brad. Thank you. B: Good. Well we have been in white-collar crimes over the past […]
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Brad Post, Host, Create the Movement: Welcome to Your Best Defense podcast. We are speaking to Oklahoma City embezzlement defense lawyer Jacqui Ford. Jacqui, how are you doing today? Jacqui Ford, Oklahoma City Criminal Defense Attorney: I’m doing great Brad. Thank you. B: Good! We are in a series on white-collar crimes. We’ve talked about […]
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Brad Post, Host, Create the Movement: Welcome to Your Best Defense podcast. We are speaking to Oklahoma City fraud defense lawyer Jacqui Ford. Jackie, how are you doing today? Jacqui Ford, Oklahoma City Criminal Defense Attorney: I’m doing great! Thank you. B: Good. We’ve been in the series of white-collar crimes. We talked about the […]
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Brad Post, Host, Create the Movement: Welcome to Your Best Defense podcast. We are speaking to Oklahoma City larceny defense attorney Jacqui Ford. Jacqui, how are you doing? Jacqui Ford, Oklahoma City Criminal Defense Attorney: I’m doing great Brad! Thanks. B: In the last podcast we talked about an overview of white-collar crimes. Today, we’re […]
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Brad Post, Host, Create the Movement: Welcome to Your Best Defense Podcast. We are sitting with Oklahoma City white-collar crime lawyer Jacqui Ford. Jacqui, how are you today? Jacqui Ford, Oklahoma City Criminal Defense Attorney: I’m doing great Brad. Thank you. B: Good. We’re going to be talking an overview of white-collar crimes. What do […]
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Oklahoma State Vs. Federal White Collar Crimes Oklahoma Federal VS. State Prosecutions White Collar Crimes There are a great many differences between Federal and State prosecutions, which an Oklahoma Federal Criminal Defense Attorney could dwell upon for hours upon hours, however, for the sake of brevity, only a few items will be discussed. But let’s […]
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