Understanding White-Collar Crimes in Oklahoma
White-collar crimes are predominantly financial offenses that are typically non-violent in nature. They can be prosecuted at either the state or federal level and often revolve around fraud and deception. While some may perceive these crimes as victimless due to the absence of physical harm, they can have far-reaching consequences for the economy and consumers. Consequently, if you find yourself charged with a white-collar crime, it is crucial to seek the assistance of a skilled Tulsa white-collar crime lawyer to clear your name and protect your future.
The Perspective of the Government
Although white-collar crimes may not involve physical violence, the financial harm caused by these offenses has a significant impact on the economy. The resulting costs are often passed on to consumers, making these crimes far from victimless. As a consequence, convictions for white-collar crimes often carry severe penalties.
Examples of White-Collar Crimes
White-collar crimes encompass a wide range of financial offenses, both at the state and federal levels. Some common examples include:
- Fraud
- Embezzlement
- Identity Theft
- Medicare or Other Insurance Fraud
- Internet Fraud
- Mortgage Fraud and Predatory Lending
- Computer Crimes
- Tax Evasion
This list is merely illustrative, as the realm of fraud and financial crimes knows no bounds. It includes various Ponzi and pyramid schemes. While some white-collar crimes are committed by individuals, such as identity theft, others are perpetrated by organized criminal groups. In the latter case, each member of the group is often charged with the crime itself, as well as conspiracy.
Businesses and corporations can also be involved in white-collar crimes. For instance, mortgage fraud or predatory lending practices are often attributed to corporations. Unfortunately, innocent employees can find themselves entangled in such cases and face charges. This can pose a particularly challenging situation for employees.
In cases involving corporations, federal agencies like the IRS or FBI typically conduct the investigations. It may be tempting for an employee to explain their position to these investigators, but it is unwise to do so without the presence of an attorney. Unlike the police, federal investigators are not obligated to inform you of your rights before questioning you. Anything you say during these encounters can be used against you at a later stage.
Whether these cases are prosecuted in state or federal court, the outcomes often result in felony convictions, with both courts imposing severe penalties.
Understanding the Penalties
While each crime has its specific penalties, let’s consider the punishment for embezzlement in Oklahoma—a typical white-collar crime. Embezzlement involves fraudulently appropriating another person’s legally obtained property for an unauthorized purpose or concealing it with the intent to wrongfully possess it under various circumstances (Okla. Stat. tit. 21 § 1451).
If the embezzled property’s value is less than $1,000.00, it is considered a misdemeanor, punishable by a fine of up to $1,000, a maximum of one year in the county jail, or both. If the embezzled property’s value falls between $1,000.00 and $2,499.00, it is considered a felony, punishable by a maximum of two years in prison or one year in the county jail, a fine of up to $5,000.00, or both. Additionally, the defendant may be required to pay restitution to the victim, totaling up to three times the value of the property.
If the embezzled property’s value ranges from $2,500.00 to $14,999.00, the defendant may face up to five years in prison, a fine of up to $5,000.00, and restitution three times the amount to the victim. For embezzlement involving property valued at $15,000 or more, the potential consequences are up to eight years in prison, a $10,000 fine, and restitution three times the property’s value.
Furthermore, the law allows for the aggregation of small amounts into a single offense when they are part of a plan or recurring scheme. This provision also applies when the acts stem from a continuing course of conduct, enabling prosecutors to seek harsher penalties. Federal penalties for white-collar crimes are often even more severe. If you are facing charges for a white-collar crime in state or federal court, it is crucial to seek the guidance of an experienced attorney.
Consultation with a Tulsa White-Collar Crime Defense Attorney
If you require a low-cost consultation with a knowledgeable Tulsa attorney, please reach out to us at 918-932-2777. Our dedicated legal team is here to assist you in navigating the complexities of your case and protecting your rights and reputation.