Common White Collar Crimes in Florida and Associated Penalties

Common White Collar Crimes in Florida and Associated Penalties

White collar crime is a broad term that refers to non-violent crimes involving deception or financial gain. These types of crimes are usually committed by business professionals or public officials, but anyone can be charged. Some of the most common white collar offenses in Florida include:

Embezzlement

Embezzlement involves stealing money or property that has been entrusted to your care. For example, an accountant who secretly transfers funds from a company account into their personal account. Embezzlement charges depend on the value of what was stolen:

• Less than $300 – second-degree misdemeanor, up to 60 days in jail and $500 fine
• $300 to $20,000 – third-degree felony, up to 5 years in prison and $5,000 fine
• More than $20,000 – first-degree felony, up to 30 years in prison and $10,000 fine

Defense strategies often focus on lack of criminal intent or claiming the funds were borrowed with intent to repay.

Fraud

Fraud involves intentionally deceiving someone for financial or personal gain. This includes things like identity theft, forgery, mortgage fraud, insurance fraud, and more. Like embezzlement, penalties vary by value:

• Less than $300 – second-degree misdemeanor
• $300 to $20,000 – third-degree felony
• More than $50,000 – first-degree felony (up to 30 years prison)

Defenses against fraud charges may argue the defendant was unaware their actions were illegal or they lacked criminal intent.

Money Laundering

Money laundering hides the source of illegally obtained money by funneling it through legitimate businesses. Charges include:

• $300+ but less than $20K – third-degree felony
• $20K-$100K – second-degree felony
• More than $100K – first-degree felony

Typical defenses dispute knowledge of the money’s criminal origins.

Tax Evasion

Willfully attempting to avoid paying taxes by deception or fraud. Charges vary by the amount of tax liability evaded:

• Less than $300 – second-degree misdemeanor
• $300 to $20K – third-degree felony
• More than $100K – first-degree felony

Defendants may claim simple accounting errors rather than intentional deception.

Racketeering

Racketeering involves participating in a pattern of illegal activity by an organized criminal enterprise. Charges range from first to second-degree felonies. The Florida RICO Act also allows for forfeiture of all assets linked to racketeering activity.
Defenses aim to dispute involvement with any criminal organization.

Bribery

Offering or accepting anything of value in exchange for influencing an official decision or action. Bribery charges range from third-degree felonies to capital felonies. Defenses may claim there was no “quid pro quo” exchanged for the bribe.

Extortion

Using coercion, intimidation, or threats to obtain money, property, or services from someone. Charges range from second to first-degree felonies depending on use of a weapon and value obtained. Defenses argue extortion requires an unlawful threat, which was not made.

Sentencing Considerations

While maximum penalties for white collar convictions seem harsh, sentences often end up much lower based on:

• Lack of criminal history – no prior arrests or convictions
• Cooperation with authorities – aids prosecution of others involved
• Restitution paid to victims
• Limits on incarceration – age, health issues, caretaking responsibilities
• Judicial discretion – judges aren’t required to impose maximums

Probation or house arrest may be ordered instead of prison. Fines and restitution can sometimes substitute jail time.

Defense Strategies

Effective legal defenses depend on the specific charges and evidence involved, but common methods include:

• Attack credibility of prosecution witnesses
• Suppress evidence improperly obtained
• Argue defendant’s actions were legal
• Dispute accounting irregularities were intentional
• Claim defendant was entrapped by authorities
• Prove actions did not cause alleged harm or losses
• Negotiate plea bargain for reduced charges/penalties

An experienced white collar crimes attorney can carefully assess the available defenses and build the strongest case possible. Don’t hesitate to consult legal counsel if you are under investigation or facing charges.

Hope this overview gives some insight into typical white collar cases in Florida. Let me know if you have any other questions!

Citations

What are White Collar Crimes in the State of Florida?
Florida Statutes 775.0844
White Collar Crimes | Orlando Criminal Defense Lawyers Adams & Luka
White Collar Crime Penalties – Gregg Lerman
What Are the Penalties for White Collar Crimes?