A white-collar crime is any illegal act in which a person uses deception or fraud for personal gain. Generally, these crimes are committed by a person in a position of power. White-collar criminal offenses are notoriously associated with individuals in corporate positions and with politicians. While the offense may be non-violent, individuals’ savings and financial security are at stake, leading to these crimes being prosecuted harshly under the law.
Seeking competent representation is essential to successfully defending these charges. Suppose you or a loved one has been accused of a white-collar crime. In that case, the criminal defense lawyers in Greenville, SC, at Eppes & Plumblee, are available to represent your interests.
Money Laundering
Money laundering is the act of making illegally earned funds appear “clean.” There are various ways to accomplish this, with many offenders placing illicit funds in offshore bank accounts or executing a series of transactions to obscure the funds’ lawful source. Perpetrators of money laundering schemes may derive their proceeds through healthcare fraud, narcotics trafficking, and other complex financial crimes.
South Carolina’s Anti-Money Laundering Act imposes a 10-year sentence for laundered funds of $20,000 to $100,000, and a 20-year sentence for funds exceeding $100,000. When interstate commerce is involved, or you use a federally insured bank, you will face federal charges.
Securities and Commodities Fraud
Unlawful activity that involves deceiving investors into buying stocks or purchasing commodities is known as securities and commodities fraud. In recent years, the increase in investment has led to an uptick in securities and commodities fraud. While securities and commodities fraud is often prosecuted under federal law, it is possible to be tried in state court.
Under the South Carolina Uniform Securities Act of 2005, if the amount lost by the investor is more than $1,000 but less than $20,000, you will be subject to five years in prison, fined, or potentially both. If more than $20,000 is involved, you may be imprisoned for 10 years and fined $50,000.
False Pretenses
South Carolina defines the taking of property through pretenses as obtaining a signature, money, or property through misrepresenting facts or lying to another. The offender does so with the intent to cheat and defraud the other person. In other jurisdictions, this crime is typically referred to as larceny. Under SC Code §16-13-240, if the value of the property involved exceeds $10,000, then you may be fined up to $500 and imprisoned for a maximum of ten years. If the value of the property is $2,000 or less, then you may be fined $1,000 or imprisoned for up to 30 days.
Intellectual Property Theft
Robbing people of their ideas, inventions, or branding for your financial benefit is known as intellectual property theft. Common examples include copyright infringement, patent infringement, trademark counterfeiting, and the unauthorized use and exploitation of trade secrets. Theft of intellectual property is most often prosecuted under federal law (with specific circumstances determining which federal statute applies).
For example, copyright infringement (the reproduction or distribution of books, poems, musical compositions, movies, television shows, etc.) is a violation of Title 17 of the United States Code §506, subject to a five-year sentence for even a first-time offense. Alternatively, trademark infringement (the unauthorized use of a logo, phrase, or service mark that identifies a product) is typically a violation of the Lanham Act (Title 15 of the United States Code).
However, the prosecution must show that the counterfeit is capable of causing confusion between products. Under the Lanham Act, only civil penalties will apply, with individuals potentially being fined up to $2 million. However, criminal penalties may be imposed under 18 U.S.C. §2320, potentially resulting in a 10-year prison sentence.
Forgery
Creating a false document, altering an existing document, or signing someone’s name without authorization are all examples of forgery. The amount of the forgery will determine your punishment. Under South Carolina law, if the amount is $10,000 or more, then you can be sentenced to a maximum of ten years in jail. If the amount is less than $10,000, then the maximum prison sentence is reduced to five years. Federal statutes impose more significant sentences, with enhanced penalties if the forgery was committed in connection with another crime.
A White-Collar Criminal Charge Can Have Collateral Consequences
Do not assume that once you serve your prison sentence and pay any fines owed to the court, you will be off the hook. White-collar crimes (and any criminal charge for that matter) can cause collateral damage. This can impact your ability to find a well-paying job, rent an apartment, or purchase a home. Employers are less likely to hire a former convict, and landlords are less inclined to rent to them. That’s why getting ahead of a white-collar charge is critical to protecting your prospects. From the moment you learn that you are under investigation, you should seek legal representation.
Speak with Our Greenville Criminal Defense Attorneys Today
A white-collar crime can lead to a lengthy prison sentence, only made worse by the fact that a conviction will remain indefinitely on your criminal record. Given the complexity of such a crime, a criminal investigation can last several months. During this time, any assets that are believed to be connected to the crime may be seized. Sitting back and waiting for the matter to resolve is never the answer, as it only allows the government to gain momentum.
A criminal charge can be terrifying, especially if you did nothing wrong. If you or a family member is facing white-collar criminal charges, look no further than the team of legal professionals at Eppes & Plumblee to schedule your confidential consultation with one of our Greenville criminal defense lawyers. Contact us online or by phone at (864) 581-3450.