"White collar crime" is a defined term in Florida. Florida Statute 775.0844(3) lists what it covers: felony offenses under chapter 812 (theft and related crimes), chapter 815 (computer-related crimes), chapter 817 (fraudulent practices), chapter 825 (abuse and exploitation of elderly persons and disabled adults), chapter 831 (forgery and counterfeiting), chapter 832 (worthless checks), chapter 838 (bribery and misuse of public office), chapter 839 (offenses by public officers), chapter 895 (racketeering), chapter 896 (financial transactions) and chapter 560 (the Money Transmitters' Code), plus any felony committed with intent to defraud or to deprive someone of property.
Most white collar crimes are felonies, and a felony conviction reaches well past the sentence. Under Article VI, section 4 of the Florida Constitution and Florida Statute 98.0751, voting rights come back only after you complete every term of the sentence, including probation and full payment of the restitution, fines and fees the court ordered, and they do not come back automatically at all if the conviction was for murder or a felony sexual offense. Under Florida Statute 790.23, a convicted felon who owns or possesses a firearm or ammunition commits a second-degree felony.
There are also many social consequences associated with white collar crime convictions. Your reputation will be damaged, and you may experience relationship problems with family and friends. If you share custody of your children, your co-parent may try to use the charge against you in family court.
Do not wait to hire a white collar crime defense attorney. Partner Matt Shafran, who heads the Criminal Defense Division at Weinstein Legal Team, defends these cases. In practice that means early contact with the prosecutor, going through the financial records the state is relying on, and working on restitution exposure before sentencing rather than after.
What Is White Collar Crime?
There are many kinds of white collar crimes, ranging from misdemeanors to felonies. Examples of white collar crimes include money scams or financial fraud, computer and technology-related crimes, exploitation of the elderly, forgery or counterfeiting, check fraud, prescription or insurance fraud, bribery and misuse of public office, racketeering, insider trading, and more.
Florida Statute 775.0844, the White Collar Crime Victim Protection Act, is on the Florida Senate website. It does not list every offense and its penalty. It defines what counts as a white collar crime and adds an enhancement for repeated schemes.
Whether the charge is a misdemeanor or a felony usually turns on the dollar amount and the number of victims. Theft is the clearest example: under Florida Statute 812.014 the line between petit theft and grand theft is $750. Fraud and forgery charges grade the same way, and offenses involving public office or a conspiracy to defraud are charged as felonies.
Even a misdemeanor fraud conviction follows you. It shows up on background checks, and Florida Statute 943.0585 and Florida Statute 943.059 allow expunction or sealing only in limited circumstances and generally only once.
Many employers will not hire those who have been convicted of fraud charges regardless of whether or not they were deemed a felony. Do not leave your future in the hands of a judge and jury alone. Hire a white collar crime defense lawyer as soon as possible to start forming your defense.
Penalties for White Collar Crimes
Just as there are many kinds of white collar crimes, there are many different penalties you may face. The severity of the consequences depends on the specific charge, whether you have prior convictions, and who else was involved in the crime.
The ordinary fine ceilings are in Florida Statute 775.083(1): $5,000 for a third-degree felony, $10,000 for a first or second-degree felony, $15,000 for a life felony, and, under Florida Statute 775.083(1)(f), any higher amount equal to double the pecuniary gain to you or double the loss to the victim. The $500,000 figure people quote comes from Florida Statute 775.0844(7), and it applies only to an aggravated white collar crime: $500,000 or double the gain or loss, whichever is greater. Florida Statute 775.0844(8) adds restitution to every victim of the scheme, named in the charging document or not.
Aggravated white collar crime is defined in Florida Statute 775.0844(4) as at least two related white collar crimes that are not isolated incidents. Under Florida Statute 775.0844(5) it becomes a first-degree felony if the scheme victimized 10 or more elderly persons, 10 or more veterans, 20 or more people, or the State of Florida or one of its agencies or subdivisions for $50,000 or more. Florida Statute 775.0844(6) ranks it at offense severity level 9.
You may also be sentenced to jail or prison time, placed on probation, lose professional licenses, and more. For example, you may be disbarred from practicing as a lawyer or lose your medical license. These are not penalties that you want to chance incurring. You need a white collar crime lawyer to fight your case.
How a White Collar Crime Defense Team Can Help
White collar cases are built on documents, so most of the defense work is in the records. That means reconstructing the transactions, testing whether the state can prove an intent to defraud rather than a bad business decision, and pinning down the loss figure that drives both the sentencing score and the restitution order. A lawyer may be able to negotiate with the prosecutor to have a felony reduced to a misdemeanor, or to resolve the case on a lesser charge.
Additionally, a white collar crime lawyer may be able to have your charges dropped. They will form a strong defense that you are innocent of the crimes of which you are accused. Remember, you are innocent until proven guilty. The burden of proof is on the prosecutor's office, and they must prove that you are responsible for the alleged charges beyond a reasonable doubt in order for you to be convicted.
A conviction can also cost you a professional license. The Florida Bar, the Department of Health and the Department of Financial Services each run a discipline track that is separate from the criminal case and that acts on the conviction, so that is a second proceeding to plan for rather than an afterthought.
Hiring a White Collar Crime Lawyer
Do not simply hire any lawyer for your white collar crime defense. You need a criminal defense attorney who is experienced in defending individuals charged with white collar crimes. One who understands the many nuances associated with each charge.
For that reason, contact Weinstein Legal Team when selecting a white collar defense attorney in Florida. Matt Shafran has defended white collar charges in Florida state and federal court for years.
Do not wait to hire a white collar crime lawyer. Take action immediately so that a defense team can begin collecting evidence that is in your favor. The prosecution is already working on your case. Make sure that a defense team is working on yours as well.
