OFF SITE/EVENING & WEEKEND APPOINTMENTS AVAILABLE
TELEPHONES ANSWERED 24 HOURS A DAY

FREE CONSULTATION

312-629-0669

Subscribe to this list via RSS Blog posts tagged in white collar crime

Chicago IL federal crime defense attorneyNot all crimes that take place are crimes of violence. Some crimes can be just as destructive without directly causing any physical harm to people. Many of these crimes are related to finance or technology and are broadly referred to as white collar crimes. Now, more than ever, white collar crimes are easier to commit as technology advances further, and in the United States, a variety of task forces and federal agencies investigate and prosecute them. One type of white collar crime that is commonly associated with both low-level and high-profile crime is called money laundering.

What is Money Laundering?

In general, money laundering occurs when large amounts of money that are obtained through criminal activity are handled in a way that makes the money look as if it came from a legal source. In other words, money laundering takes “dirty” money and makes it “clean.” Many times, money laundering is a result of other criminal activity, such as drug trafficking or manufacturing. Most of these illegal businesses operate with cash, but keeping thousands and sometimes millions of dollars on hand is inefficient. Money laundering allows criminals to deposit that money into a legitimate financial institution without it looking suspicious.

How Does Money Laundering Take Place?

Many small-scale money laundering operations take place throughout the United States. For example, a criminal drug organization may own a restaurant or barbershop that they use to funnel money through. The company may report more than what they actually bring in each night at the restaurant or barbershop so they can include some of the “dirty” or criminal money in the bank deposit for the legitimate business. Once all of the money has been deposited, the criminals are free to withdraw the money at any time, without fear of it being traced back as illegal cash.

...

Illinois federal criminal defense lawyerHomebuyers in the United States have had a difficult time navigating the housing market lately, due to financial constraints related to the COVID-19 pandemic and increased competition driven by low interest rates. While homeownership is a dream for many people, it can be difficult to achieve, especially at a time like now. Some people may be tempted to obtain a mortgage through underhanded means, or prey on those who are struggling, but it is important to know that mortgage fraud is a serious crime that is typically prosecuted at the federal level and that can carry significant penalties.

Understanding Types of Mortgage Fraud

According to the Federal Bureau of Investigation (FBI), mortgage fraud is a type of financial institution fraud that involves some sort of misstatement, omission, or misrepresentation on a mortgage loan application or agreement for the purposes of misleading a bank or lender. Mortgage fraud can include actions taken by borrowers to obtain a place of residence or by lenders to make money. Common types of mortgage fraud include:

  • Foreclosure rescue or loan modification schemes: In some mortgage fraud cases, the perpetrator preys on homeowners who are close to foreclosure or who are already in the foreclosure process by either offering to save their home by transferring the deed to an investor while the homeowner’s finances improve, or by offering to renegotiate loan terms for the homeowner. Instead of helping, the perpetrator pockets the money that they make off of selling the home to the investor, or by collecting fees or other costs from the homeowner for allegedly negotiating new loan terms.

    ...

Illionois defense attorney,  Illinois criminal defense lawyerThe crime of mail fraud was first addressed by the federal government in the mid-1800s after evidence surfaced that people were using the U.S. mail system to conduct various scams. The interstate nature of the mail (and eventually wire service) effectively required the matter to be one of federal interest. As a result, in 1872, it became a federal crime for a person to use mail services—and now the internet—to willingly and knowingly deprive another person of their money, property, and/or services.

It is important to keep in mind that in order for an act or scheme to constitute mail or wire fraud, it must intend to defraud another party by means of wire communication or the mail. This means that an advertisement for a legitimate product or service—even one that is deceptive or misleading—is not generally considered fraudulent. The intent of the accused is the key to the case. The suspect must have intended to obtain something for nothing in order for the act to constitute fraud.

State and Federal Charges

In Illinois and some other states, wire and mail fraud are also prosecutable at the state level. If you are charged with both state-level mail fraud and federal mail fraud, your cases will likely be pushed up to federal court. The elements of such cases are similar at both levels.

...

Illionois defense attorney,  Illinois criminal defense lawyerFederal offenses are often misunderstood, mainly because people are more familiar with state crimes that are prosecuted at the state level. Federal crimes are those that violate federal law and, although state law often mirrors this law, there are times when the crime has certain elements that make it a federal offense. A drug crime, for example, violates state law but if the crime involves a border crossing, it becomes a federal crime. Drug offenses are one of the most common federal crimes, as are weapons crimes and white-collar crimes.

Drug Crimes

Any offense that violates the federal Controlled Substances Act is considered a federal crime. Drug crimes are some of the most common offenses at the state level too, but there are some significant differences between the two. For example, while many states have legalized marijuana use, even in these states it is illegal to consume the drug on federal property. If someone was found consuming marijuana on federal property, they could face federal charges, although it would be unlikely.

...

Posted by on in Fraud

Illionois defense attorney,  Illinois criminal defense lawyerWhen most people think of tax fraud, they typically think of a person that tries to avoid paying the proper taxes they owe and then get charged with tax evasion. While that is certainly one type of criminal offense involving taxes, there are others as well. These offenses fall under the umbrella term of tax fraud and many people can be charged with these crimes, including accountants, without even realizing that they engaged in criminal activity.

What Is Tax Fraud?

Tax fraud, in its simplest terms, occurs when a person makes intentional misrepresentations, or false statements, on a tax return, or a person falsifies tax documents. Tax evasion, on the other hand, refers to using illegal means to avoid paying taxes. Tax fraud is governed under 26 U.S.C. 7206 (1) and under this statute, a person may face charges of tax fraud if they:

...
Back to Top