White Collar Crimes in Florida: Fraud, Embezzlement, and More

Introduction

White collar crimes are non-violent financial offenses that often involve fraud, deception, or misrepresentation for financial gain. While these crimes may not involve physical harm, they carry serious penalties, including prison time, hefty fines, and long-term damage to your reputation.

This guide explains the different types of white collar crimes in Florida, potential penalties, and possible defenses against these charges.

Common Types of White Collar Crimes in Florida

White collar crimes can take many forms, but some of the most commonly prosecuted offenses include:

Fraud

Fraud occurs when someone intentionally deceives another person or entity for financial gain. Examples include:

• Insurance fraud
• Mortgage fraud
• Healthcare fraud
• Credit card fraud
• Identity theft

Embezzlement

Embezzlement is the act of misappropriating or stealing money or assets that were entrusted to you. This is common in workplace settings where an employee has access to company funds.

Money Laundering

Money laundering involves concealing the origins of illegally obtained money by funneling it through legal businesses or financial transactions.

Bribery and Corruption

Bribery occurs when someone offers, gives, receives, or solicits something of value in exchange for influence or action by a public official.

Forgery

Forgery involves falsifying documents, signatures, or financial records with the intent to deceive. Common examples include fake checks and fraudulent contracts.

Tax Evasion

Tax evasion is the intentional failure to report income, underreport earnings, or misrepresent financial informationto avoid paying taxes.

Penalties for White Collar Crimes in Florida

White collar crimes can be charged as misdemeanors or felonies, depending on the amount of financial loss and the severity of the offense.

Misdemeanor White Collar Crimes

• Typically involve financial losses under $750
• Punishable by up to one year in jail and fines

Felony White Collar Crimes

• Often involve financial losses over $750
• Third-degree felony: Up to five years in prison
• Second-degree felony: Up to 15 years in prison
• First-degree felony: Up to 30 years in prison

In addition to prison time, those convicted of white collar crimes may face:

• Restitution (repayment of stolen funds)
• Permanent criminal records
• Asset forfeiture
• Loss of professional licenses

Florida’s “White Collar Crime Protection Act”

Under Florida law, individuals who engage in a pattern of white collar criminal activity may face enhanced penalties under the White Collar Crime Protection Act (Florida Statutes § 775.0844).

A person may face additional charges if they commit at least two white collar crimes with the intent to:

• Defraud ten or more victims
• Defraud the government or a financial institution
• Obtain $50,000 or more in illegal proceeds

Convictions under this act can lead to lengthy prison sentences and significant financial penalties.

Defenses to White Collar Crime Charges

Defending against white collar crime allegations requires a thorough legal strategy. Some common defenses include:

Lack of Intent

Many white collar crimes require proof of intent to defraud or deceive. If the prosecution cannot prove intent, the charges may be dismissed.

Insufficient Evidence

White collar crime cases often rely on financial records, emails, and testimony. If the evidence is weak, a defense attorney may challenge its credibility.

Mistaken Identity

Many white collar crimes involve complex financial transactions. If the wrong person is accused due to mistaken identity, the case may be dismissed.

Illegal Search and Seizure

If law enforcement illegally obtained evidence without a warrant, the defense may argue that the evidence should be excluded from court.

What to Do If You Are Accused of a White Collar Crime

If you are under investigation or have been charged with a white collar crime, take these steps immediately:

• Do not speak to law enforcement without an attorney
• Avoid discussing the case with co-workers, family, or on social media
• Gather financial records, emails, and other evidence that could support your defense
• Contact a criminal defense attorney as soon as possible

White collar crime cases are often highly complex, involving forensic accountants, financial analysts, and government investigators. The earlier you involve an attorney, the better your chances of building a strong defense.

How a White Collar Crime Defense Attorney Can Help

An experienced white collar crime attorney can:

• Analyze financial records to find weaknesses in the prosecution’s case
• Negotiate with prosecutors to reduce or dismiss charges
• Challenge improperly obtained evidence
• Represent you in court and protect your rights

At Bonderud Law, we have successfully defended clients facing white collar crime charges. If you are under investigation or have been arrested, contact us today for a consultation.

Conclusion

White collar crimes carry serious legal and financial consequences, but there are effective defense strategies that may lead to reduced charges or case dismissal. If you are facing white collar crime allegations in Florida, consulting with an experienced defense attorney is critical to protecting your future.

If you or a loved one is under investigation for fraud, embezzlement, or another financial crime, seek legal representation as soon as possible.