Have you been charged with a white collar crime? At Castañeda Law, we represent clients charged with fraud, internet crimes, corruption and other white collar offenses.
Whether you are facing a corporate fraud charge, or you have been accused of identity theft, credit card fraud, embezzlement, or some other white collar crime, we can help. Law enforcement is focusing more and more on prosecutions for economic crimes. The resources of the government seem inexhaustible, but we can provide you with the legal guidance necessary during this difficult time.
Colorado White Collar Crimes
The scope of economic crimes is virtually unlimited. However, many of these offenses share certain characteristics that allow them to be characterized according to the general nature of the crime. Some of the more common white collar charges are:
- Computer Crime. Computer crime includes computer access without permission, using any computer or computer system or network for the purpose of committing fraud or theft, hacking or damaging any computer or software, and similar acts. Computer crimes are classified in some cases by the amount of damage caused, and in others by the particular conduct involved. They range from class 2 misdemeanors to class 3 felonies.
- Issuing a False Financial Statement. Providing a financial statement, with intent to defraud, which is false in some material way, and which is relied upon by another, is generally a class 2 misdemeanor. If the false financial statement is used to obtain a credit card, debit card, or similar “financial transaction device”, it is a class 1 misdemeanor. If it is used to obtain two or more credit cards, it is a class 6 felony.
- Insurance Fraud. Insurance fraud covers a number of different acts. If, with intent to defraud, you apply for the issuance or renewal of an insurance policy, or present a materially false insurance claim, stage an automobile accident to obtain an insurance payment, or back date a claim on a policy not in effect at the actual time the claim arose, you can be charged with insurance fraud. Insurance fraud also includes certain acts by an agent, including misappropriation of premiums, or issuing a false insurance certificate. Submitting a false application for a policy is a class 1 misdemeanor. The other forms of insurance fraud are class 5 felonies.
- Identity Theft. The crime of identity theft includes the knowing possession or use, without permission, of the personal or financial identifying information of another in order to obtain money, property, services, or anything of value. It also includes making or submitting a false financial statement, with fraudulent intent, using the personal or financial identifying information of another person; using the identifying information of another to obtain a government-issued document; or using the information to obtain a credit card or an extension of credit. Identity theft is a class 4 felony.
- Forgery is the making, altering or completion of any one of a variety of written documents, including stocks, deeds, public records, contracts, and others. In most cases, forgery is a class 5 felony, although, depending upon the nature of the document (including academic records), it can be charged as a class 1 misdemeanor.
- Fraudulent business practices. This topic includes using false weights and measures, selling mislabeled commodities, fraudulent land sales, “bait and switch” advertising, false circulation statements, and others. They range from petty offenses to felonies.
- Accepting or paying (or offering to pay) money or any other benefit in exchange for a violation a person’s duty as an employee, trustee, attorney, fiduciary, officer, partner, union or welfare fund agent, is a class 6 felony. Sports bribery is also a class 6 felony.
- Fraud by Check. Issuing a check knowing you have insufficient funds to cover it, with fraudulent intent, in payment of goods, services or anything of value, is a crime. The classification ranges from a class 1 petty offense to a felony, depending on the amount of the check and the number of checks drawn.
The subject of white collar crimes covers many different activities. The majority of them involve, in one way or another, the commission or attempted commission of fraud. The thrust of these offenses is that they are non-violent crimes, non-drug crimes, and that the goal of the activity is financial gain.
Have You Been Arrested for a White Collar Crime in Denver?
Unlike violent crimes and drug crimes, white collar crimes are generally not prosecuted on the basis of a testimony of a single eyewitness, or a classic crime scene. The evidence often consists of financial and accounting documents, computer hard drives, and related information. As a result, you should choose an attorney to represent you who is experienced in these matters.
At Castañeda Law, we will work hard and use our experience to provide you with the best defense possible. If you are facing a white collar charge, contact us to speak to a Denver white collar crimes lawyer.
Call (303) 386-7135 for a consultation