White Collar Crimes

WHITE COLLAR CRIMES

FRAUD & WHITE-COLLAR CRIME CRIMINAL DEFENSE ATTORNEYS IN CHATTANOOGA

White collar crimes encompass a variety of offenses, all of which have a financial component and many of which carry extremely serious penalties in Tennessee.


Often, individuals accused of fraud and white-collar crimes work in positions with access to sensitive financial information, such as management and accounting. The circumstances involved in these matters are often complex and must be thoroughly investigated.


At Houston & Alexander, PLLC, we have extensive experience of successfully defending against a broad range of fraud and white-collar criminal charges, related to:

 

  • Fraud – including health care, Medicare, banking records, investments, and mortgages
  • Embezzlement – involving financial assets and property
  • Money laundering – involving other criminal acts and tax evasion
  • Racketeering – involving profiting from dishonest business practices
  • Identity theft – involving Social Security numbers, financial and healthcare records

 

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TABLE OF CONTENTS

What Are Typical Examples Of Fraud-related Crimes?

Fraud-related crimes generally relate to financial gain from illegal and/or dishonest business practices.

People occupying roles within a business setting are often entrusted with certain information that, if used inappropriately, can lead to a white-collar crime occurring.

Typical examples that we encounter in Chattanooga include:
  • Tax evasion/fraud
  • Bank or securities fraud
  • Counterfeiting
  • Mortgage fraud
  • Healthcare fraud
  • Mail or wire fraud
  • Making false statements
  • Bankruptcy fraud
  • Embezzlement
  • Computer or identity theft fraud
  • Money laundering
  • Insurance fraud
  • Racketeering

What Are The Penalties For A Fraud Conviction In Tennessee?

Fraud is treated seriously in Tennessee. A conviction for any white-collar crime in the state can lead to jail time, fines, and restitution.

If you are accused of engaging in certain types of fraud, you may also be liable for federal charges. Penalties in these cases are higher than in state-prosecuted cases.

Within the wide scope of fraud crimes, there are many different “levels”, depending on the amounts of money involved, who was defrauded, the position of trust held by the fraudster, the number of victims involved, and the location(s) of the crime. Past criminal history is also a major factor in determining the severity of the penalty.

For a conviction for federal fraud, you could face the following penalties:
  • From six months in jail to up to 30 years in federal prison
  • Fines from $2,500 to $25,000 per violation
  • Payment of restitution to victims of the fraudulent activity
With state-level convictions, there is also a wide variety of possible sentences open to the Tennessee justice system, depending on the level of fraud. The U.S. Sentencing Guidelines may be used to determine the penalty.

If the amount involved is under $1,000, this is generally prosecuted as a Class A fraud misdemeanor, which can mean a sentence of 11 months and 29 days or less in jail and total fines of no more than $2,500. Probation is possible for state-level offenses.

Other white-collar crimes in Tennessee may be charged as felonies. For instance,
  • A Class E felony for $1,000-$2,500: a prison term of one to six years and a $3,000 fine
  • A Class B felony for $60,000 or more: a prison sentence of 8-30 years and a fine of up to $25,000
  • Restitution may also be payable to the victims of such crimes.
As always, the skills and persuasive powers of your lawyer will be important for making sentencing options available to you if you are convicted.
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Looking For A White-collar Crime Lawyer In Chattanooga, TN?

If you’ve been charged with any number of white-collar or fraud crimes, it is in your best interest to consult with an experienced attorney immediately.


Call (423) 267-6715 or request a free case evaluation today.

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White-collar Crimes We Can Assist With In Tennessee

The majority of cases that our white-collar crime defense lawyers handle fall into one of four categories:
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1. Racketeering

Racketeering is not just a term from gangster movies. It happens in Tennessee and involves a pattern of coercive, fraudulent, extortionary, or otherwise illegal actions to collect money or other profit over a period of time.


It is often connected to organized crime and is clamped down on very harshly in Tennessee.


Under the Tennessee Code:

“It is unlawful for any person who has, with criminal intent, received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest…”

Racketeering activity may involve controlled substances violations, trafficking for commercial sex purposes, prostitution, and so on.

Penalties

Criminal racketeering incurs harsh penalties – often more severe because it is connected to organized crime or gangs.


The precise penalties depend on the specific circumstances of the case and the criminal history of the defendant, but usually mean jail time, fines, and forfeiture of assets.

2. Tax Fraud And Tax Evasion

Under Tennessee law, it is a Class C misdemeanor to:

 

  • Fail to file a tax return
  • Violate tax regulations

 

For corporations, it is also a class C misdemeanor to fail to provide the Department of Revenue with a list of dividends paid to stockholders.


Making a false return with the intent to avoid a tax is more serious and is considered a Class E felony.


Fraudulent non-payment of taxes typically leads to the requirement to pay back both the taxes and the costs of investigating and prosecuting the fraud.

Penalties

The sentencing for the above tax fraud and tax evasion crimes in Tennessee range from 30 days in jail and a $50 fine (Class C misdemeanor) to 1-6 years in prison and up to $3,000 in fines (Class E felony).

3. Bank fraud

Under Tennessee Code Section 39-14-118, it is illegal to:

 

  • “Knowingly possess a credit or debit card without the consent of the owner;
  • Use or allow another to use a credit or debit card, with fraudulent intent, to buy anything of value (property, services, credit) knowing that it is forged, stolen, revoked, cancelled, or expired.”

 

Offenses such as the unauthorized use of a credit or debit card are a type of bank fraud and it is severely punished. The most serious punishments are reserved for crimes involving $60,000 or more of fraudulent use, which is a Class B felony.


For amounts between $10,000 and $60,000, it is a Class C felony. Amounts between $1,000 and $10,000 are charged as Class D felonies. Amounts between $500 and $1,000 are Class E felonies and amounts under $500 are Class A misdemeanors.

Penalties

Sample penalties for these crimes prosecuted at the state level are as follows:

 

  • Class A fraud misdemeanor: 11 months and 29 days or less in jail plus fines of up to $2,500
  • Class E felony: a prison sentence of one to six years and a $3,000 fine
  • Class B felony: a prison sentence of eight to 30 years plus a fine of up to $25,000

 

In addition to these penalties, you may need to pay restitution to those who suffered injury due to your fraudulent actions.

4. Counterfeiting

Counterfeiting is another word for “forgery”. You can be charged with this offense if you deliberately forge any written item with the intent to defraud or harm another person.


Some examples of counterfeiting we see in Tennessee are:

 

  • Signing another person’s name on a check
  • Fraudulently altering the amount on a check
  • Altering a financial document, deed or real estate document
  • Fraudulently creating financial documents
  • Cashing a forged check at a bank
  • Using a forged document to obtain or transfer property/money

 

These offenses can be charged as felonies or misdemeanors, depending on circumstances (mainly the value of the goods taken).

Penalties

Examples of the penalties for counterfeiting crimes prosecuted at the state level are as follows:

 

  • Class A fraud misdemeanor ($500 or less): a jail sentence of 11 months and 29 days or less plus a fine of up to $2,500
  • Class E felony ($500 -$1,000): a prison sentence of one to six years and a $3,000 fine
  • Class B felony ($60,000 – $250,000): a prison sentence of eight to 30 years plus a fine of up to $25,000

 

Is It Possible To Receive Criminal And Civil Charges For The Same White-collar Crime?

White-collar criminal activity is usually prosecuted in the state or federal criminal courts.

However, following the criminal case (even if the defendant is found not guilty), a civil case for fraud or blackmail may follow.

What Are The Consequences Of A Fraud Conviction?

Call a lawyer at our Chattanooga office today at 423-267-6715 or contact us online. We would be happy to answer your questions. Our firm serves eastern Tennessee and northern Georgia.

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