MINNEAPOLIS CRIMINAL & VETERANS DEFENSE
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Minneapolis White Collar Crimes Attorney

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Defense strategies for white collar criminal charges can be subtle, nuanced, and complex. Having an experienced Minneapolis white collar crimes lawyer is crucial if you or your loved one has been arrested for such an offense. Generally, these crimes are committed by professionals and have unique, widespread repercussions for many people. Due to the reach of many white collar crimes, they can be tried as federal offenses and most likely as felonies. The team at Brockton D. Hunter P.A. has experience serving clients charged with white collar and federal crimes.

Our accomplished defense attorneys can help guide you through the legal process of white collar criminal charges. Contact us at (612) 979-1112 to learn how we can help you.

State Crimes vs. Federal Crimes

Both state and federal governments have laws concerning white collar crimes. The distinction between state and federal crimes is how and where the offense occurs.

State crimes take place within Minnesota. They do not cross into any other state or country.

In contrast, federal crimes affect interstate or foreign commerce. In other words, a federal white collar crime will, in some way, cross state lines or country borders. They can also involve federal property.

Although separate state and federal laws exist, it is possible for a person’s conduct to violate both. In such situations, the individual can be prosecuted by the state government, federal government, or both.

What Are White Collar Crimes?

Generally, white collar crimes involve a scheme devised to defraud another person out of assets. They are typically non-violent in nature but result in injury in the form of a financial loss. Usually, white collar crimes occur in the business or government sector, but anyone can be accused of an offense if they engage in unlawful activity.

Many offenses can be classified as white collar crimes, including, but not limited to:

  • Theft: In general, theft involves unlawfully taking another person’s property. Minnesota Statutes § 609.52 specifically concerns theft offenses. The law enumerates 19 different circumstances that can lead to a criminal charge. The conviction penalties depend on the property involved and the item’s value.

The federal government has several statutes concerning theft. These include theft from interstate shipment (18 U.S.C. § 659), transportation of stolen goods (18 U.S.C. § 2314), theft from an employee benefit plan (18 U.S.C. § 664), and theft of medical products (18 U.S.C. § 670). The punishments vary depending on the law the accused is prosecuted under.

  • Forgery: Forgery involves producing, possessing, or using a false document or other official instruments with the intent to defraud. Under Minnesota Statutes § 609.63, the crime is penalized by up to 3 years of imprisonment and/or up to $5,000 in fines.

If the offense involves instruments such as currency, bank notes, military documents, or postage stamps, forgery becomes a federal crime. Several federal laws prohibit the offense, and severe penalties can be imposed upon a conviction.

  • Embezzlement: If a person unlawfully appropriates or uses property entrusted to them, they can be charged with embezzlement. Minnesota Statutes § 609.54 penalizes embezzlement of public funds with up to 10 years of imprisonment depending on the value.

As a federal offense, embezzlement can be prosecuted under several different statutes. For instance, embezzlement by a bank officer or employee can be pursued under 18 U.S.C. § 656, or embezzlement from an employee benefit plan can be charged under 18 U.S.C. § 664.

  • Tax evasion: Tax evasion refers to the knowing or willful failure to file or pay taxes. The criminal penalties for the offense in Minnesota are enumerated in Minnesota Statutes § 289A.63, and provide that a person may be guilty of a gross misdemeanor or felony depending on the conduct involved.

Section 7201 of Title 26 of the U.S. Code provides that a person who willfully evades their tax obligations can be penalized by up to 5 years of imprisonment and/or up to $100,000 in fines.

  • Counterfeiting: Under Minnesota Statutes § 609.895, it is unlawful to manufacture, produce, distribute or sell an imitation item. Also, Minnesota Statutes § 609.632 prohibits copying money or making, uttering, or possessing fake currency. Anyone convicted of an offense can be punished by imprisonment and/or a fine. The prison term and amount of the fine depend on the number or value of the items involved.

Federal laws prohibiting counterfeiting include 18 U.S.C. § 479 (uttering counterfeit obligations or securities), 18 U.S.C. § 480 (possessing counterfeit foreign obligations or securities), and 18 U.S.C. § 483 (uttering counterfeit foreign bank notes).

  • Mail fraud: Mail fraud involves using the United States Postal Service or a commercial carrier to further a scheme to defraud. It is prosecuted under 18 U.S.C. § 1341 and is penalized by up to 20 years of imprisonment and/or a fine.
  • Wire fraud: Wire fraud is similar to mail fraud in that it occurs when someone uses some means to further an artifice to defraud. The difference is that the latter relies on the USPS for continuing the criminal offense, whereas the former relies on electronic communication. The conviction penalties for wire fraud include imprisonment for up to 20 years and/or a fine.
  • Bribery: According to Minnesota Statutes § 609.42, bribery occurs when someone gives or promises something of value to a public figure to influence the performance of their official duties. It can also occur when a public figure accepts something of value, knowing that such was given to affect their decision-making. The offense is punishable by up to 10 years of imprisonment and/or up to $20,000 in fines.

The federal law on bribery forbids similar conduct as the state law. However, a public official is one who holds a position with the U.S. government, such as a member of Congress. It also applies to witnesses who are to give testimony at federal proceedings. A conviction can result in imprisonment for up to 15 years, and any public official found guilty of the offense will be disqualified from holding office in the U.S.

Whether you are facing state or federal criminal charges, it is important that you have a knowledgeable lawyer defending you. At Brockton D. Hunter P.A., we have nearly 30 years of combined experience and have handled complex cases. Our Minneapolis white collar crime attorney is ready to provide the legal representation you need.

Computer & Cyber Crimes

We live in the digital age. Our lives are defined by computerization, which has pervaded every aspect of daily existence. Of course, this means that computers are constantly used for both honorable and questionable ends, including crime.

Just like computers can be confusing when it comes to the changes they’ve caused in the typical aspects of life, computer-related crimes can be confusing. Many people don’t realize that certain computer-related activities are illegal and highly penalized. Others don’t realize how easy it is for the state to track online activity. But computer-related crimes are serious and can carry weighty consequences. Of course, a “computer-related” crime entails is a broad category encompassing many different areas of law.

However, there are a few common computer-related charges:

Identity Fraud and Phishing

Identity fraud is a crime that also happens offline, but there can be special qualities to cases where these actions have allegedly happened online, including the chance that the court will subpoena the defendant’s internet device history. Penalties for identity theft can include imprisonment for up to 10 years, and a fine of up to $50,000, in addition to the requirement that all stolen value be restored.

Hacking

Hacking is defined as getting access to protected information through breaking open computer data securities.

Generally, this crime is considered a misdemeanor and is punishable by:

  • up to 90 days in jail
  • a fine of up to $1,000

However, in some cases, the penalty may be more serious. If the hacked computer access presents a risk of death to another person, the charge is elevated to a gross misdemeanor.

In these cases, when the hacking presents a threat to public health and safety, a hacking conviction can carry:

  • up to 10 years in prison
  • a fine of up to $20,000

Why Choose Our Firm?

Being accused of a white collar crime means your freedom and livelihood can be at stake. These are too important to be left in the hands of an inexperienced attorney. Our lead Minneapolis white collar crimes lawyer has perfect 10.0 Avvo rating and has provided experienced, skilled, personable, and dedicated legal representation.

Call Us for Established Legal Counsel

We dedicate time and energy to bond with our clients and better understand how we can protect their rights. Our firm has successfully represented many clients at trial and is well versed in effective defense strategies for white collar crimes.

Contact us at (612) 979-1112 to speak with a Minneapolis white collar crimes attorney from the firm.

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  • Nearly 30 Years of Combined Experience

  • Selection to the Minnesota Super Lawyers® List for 8 Consecutive Years

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  • Personalized Attention and Care for Clients