When you hear the phrase "white collar crime", you might think of movies like The Wolf of Wall Street, where grandiose financial fraud leads to a high-profile downfall and severe federal charges. In real life, white collar crime encompasses a large variety of non-violent offenses that are not always on a large scale or result in years of media attention. However, depending on the severity of the charges and the number of victims, white collar criminal charges in Pennsylvania may result in federal charges.
Are you or a loved one facing white collar criminal charges in Armstrong County? If so, one of the first things you should do is speak to a Pennsylvania criminal defense attorney with several years of experience representing clients accused of white collar crimes. Call The Lento Law Firm Criminal Defense Team at 888-535-3686 or send us a message online.
What is White Collar Crime?
White collar crimes are crimes committed on a more technical level that are not physically violent. Contrary to the name, one does not need to work in a white collar industry or commit a crime in the workplace to be accused of a white collar crime.
White collar crimes are usually economic in nature, in that the person charged with the crime manipulated information, concealed information, fraudulently presented information, or gained access to sensitive information to steal from the victim(s). Money, personal identity information, and trade secrets are the most common targets in white collar crimes.
Common Types of White Collar Crimes
Embezzlement
One of the best-known types of white collar crime is embezzlement, when funds that do not belong to you are misappropriated. For example, if you have access to your employer's bank account but funnel money to a fake vendor account where you eventually gain access to that cash, that is embezzlement.
Outside of the workplace, embezzlement can also occur in governmental and nonprofit settings where trusted parties funnel the organization's assets to their personal accounts through shell companies, ghost employees, and phony vendor accounts. Embezzlement can occur on small and large scales, and may take years to discover.
Fraud
Fraud involves the use of deceit or falsifying information to make a material gain. Fraud charges can take myriad forms that include, but are not limited to:
- Bankruptcy fraud, where assets are concealed in order to file a fraudulent bankruptcy petition to avoid paying creditors
- Credit card fraud, where an individual's credit or debit card is used without their authorization
- Insurance fraud, where false or misleading evidence is supplied to cash out an insurance policy
- Securities fraud, also known as insider trading
- Wire fraud, the use of technology or banking to defraud a victim of their money
Identity Theft
The use of another person's name, birthdate, financial accounts, contact information, and other personal identity information in order to impersonate them or establish a false identity can result in penalties, jail time, and fines depending on the means of procuring the victim's identity and the amount of property obtained as a result of using their identity.
Forgery
Forging documents, or alleging authority when you do not have the authority to act on another party's behalf, with the intent to defraud or harm another party, can result in felony charges with prison sentences.
Bad Checks
Even though most people pay for goods and services with electronic payments today, with overdraft protection if the account has insufficient funds, some transactions still require the use of checks. Passing a check to a drawee in the state of Pennsylvania that you know cannot be honored can result in jail time, or a prison sentence with steep fines, depending on the amount of the bad check.
State and Federal Charges Associated with White Collar Crime
Depending on the nature and severity of the crimes you are charged with, they may be first-degree or second-degree misdemeanors. Large-scale white collar crimes and/or higher monetary values of theft or injury are more likely to be classified as third-degree felonies. Prior criminal history is also considered when you are charged with a white collar crime.
In Armstrong County, some white collar crimes have definitions under Pennsylvania Consolidated Statutes, such as insurance fraud, which can carry civil penalties of $5,000 for the first violation, $10,000 for the second violation, and $15,000 for each subsequent violation. Other white collar crimes, like embezzlement, do not have a specific state statute. Embezzlement is generally treated as a type of financial theft and can carry a jail sentence of up to 90 days or be classified as a third-degree felony with up to $15,000 in fines and seven years in prison. Specific types of embezzlement, or embezzlement committed during wars and natural disasters, can be classified as a second-degree felony with up to $25,000 in fines and 10 years in prison.
In addition to state charges, there may be federal charges as well. Similarly to state-level charges, federal judges will consider any fraudulent gains, the severity of the offense, the nature of the crime, the number of victims, and the circumstances when deciding on a sentence. Generally, federal criminal charges carry significantly higher fines and longer prison sentences in comparison to state-level charges in Pennsylvania. For example, wire fraud carries a maximum sentence of up to 20 years in federal prison. If the crime involves a bank, fines can be as high as $100,000. These penalties increase to 30 years and $1,000,000 if the fraud involves a presidentially-declared disaster or emergency. Comparatively, bankruptcy fraud charges result in a lesser sentence of up to five years in prison, plus asset forfeiture and dismissal of the bankruptcy petition.
You may face federal charges for white collar crime if you are accused of a crime that took place on federal property located in Pennsylvania, crossed state lines (physically or digitally), or a federal agency was involved, such as the United States Postal Service. If you are a suspect or person of interest in a federal white collar crime, you may be under investigation by one of the following agencies:
- Internal Revenue Service
- U.S. Citizenship and Immigration Service
- Securities and Exchange Commission
- United States Postal Service
- Federal Bureau of Investigation
If you become aware that you are under investigation by a federal agency, you should seek representation immediately. The Lento Law Firm's criminal defense team has several years of experience ardently defending our clients from both federal and state charges in Pennsylvania.
The Impact of White Collar Criminal Charges on Your Career and Life
If you are charged with a white collar crime in Armstrong County, the impacts on your career and personal life can be both immediate and far-reaching.
While Pennsylvania is a "ban the box" state as of 2024, when HB 689 went into effect, employers still have access to a potential employee's criminal records unless the record was expunged or the situation qualifies for limited access. Even if it has been several years since your charges, they can still come up in public records, and a potential employer may decide not to work with you.
If you start or already have a business, being convicted of a white collar crime may make it difficult or even impossible to qualify for bank loans. Your community and customers may lose trust in you, making it incredibly difficult to stay afloat and start over.
Some white collar crimes come with felony convictions and incredibly steep fines. The inability to pay these fines may result in losing your home, savings, and other assets while going into debt. A felony conviction creates a criminal record that can be traced anywhere you go, and it also can relinquish your right to vote, legally own a firearm, or even retain custody of your children. Having a criminal record may also make it difficult to buy or rent a home if a criminal background check is part of the application process.
This is why it is crucial to take white collar criminal charges seriously and seek comprehensive criminal defense as soon as you become aware you are being charged or under investigation.
If you have been accused of a white collar crime in Armstrong County, the Lento Law Firm can help. We will aggressively defend your rights and reputation and provide comprehensive representation at both the state and federal levels. Contact the Criminal Defense Team at the Lento Law Firm at 888-535-3686 or complete our online form to speak to one of our experienced Pennsylvania criminal defense attorneys.
