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Understanding White Collar Crime Charges in New Jersey
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Understanding White Collar Crime Charges in New Jersey
White collar crime refers to non-violent, financially motivated crimes committed by business professionals and government officials. These crimes usually involve some kind of deception or breach of trust, and are committed to obtain money or business advantages. Common examples include fraud, embezzlement, bribery, money laundering, identity theft, insider trading, and more.In New Jersey, white collar crimes are typically prosecuted under state laws contained in Title 2C, Chapter 20 of the New Jersey Code of Criminal Justice. However, serious or complex cases may also involve federal charges. The penalties for white collar crime in NJ can be severe, including hefty fines, asset forfeiture, restitution payments, and years in prison.
Common White Collar Crimes in New Jersey
Some of the most common white collar offenses charged in New Jersey include:
Fraud
- Insurance Fraud: Filing false insurance claims or providing false information to obtain insurance payments. This could mean staging car crashes or faking injuries.
- Healthcare Fraud: Overbilling Medicaid/Medicare, charging for unnecessary services, paying kickbacks for patient referrals, etc. Healthcare fraud costs taxpayers billions per year.
- Mortgage Fraud: Providing false information on mortgage applications, concealing debts or other obligations, inflating home values, etc. This was rampant during the 2008 housing crisis.
- Investment Fraud: Running Ponzi schemes, pyramid schemes, advance fee frauds, and other scams that prey on investors. Examples include Bernie Madoff’s $65 billion Ponzi scheme.
Theft/Embezzlement Crimes
- Embezzlement: When an employee or fiduciary steals money they’ve been entrusted with. For example, stealing from a company expense account or client trust fund.
- Money Laundering: Attempting to conceal the source of illegally obtained funds by running it through legitimate businesses. Common in drug trafficking and organized crime.
- Identity Theft: Stealing someone’s personal information to access funds, open credit cards, or commit tax fraud in their name.
Business Crimes
- Tax Evasion: Illegally avoiding paying taxes, either by deliberately underreporting income, overstating deductions, hiding money offshore, etc.
- Securities Fraud: Making false or misleading statements related to buying/selling stocks, bonds or other investments. For example, overstating a company’s earnings potential during an IPO.
- Government Contract Fraud: Bribing officials to obtain government contracts or grants, or overbilling on existing contracts by charging for work that wasn’t performed.
Penalties for White Collar Crime in New Jersey
The specific penalties for white collar crime depend on the charges and circumstances of the case, but can potentially include:
- Prison Time: White collar crime sentences in NJ often range from 1-10+ years in state prison depending on severity. Certain frauds over $75k or committed against vulnerable victims can be punished more harshly.
- Fines: Most fraud-related felonies carry fines up to $150k. Healthcare fraud fines start at $250k per fraudulent claim. Other white collar crimes have fines up to $500k.
- Asset Forfeiture: Assets purchased with proceeds of illegal activity (homes, cars, bank accounts, etc.) may be seized and forfeited to the government.
- Restitution: Courts can order defendants to pay back victims for their losses as part of sentencing. For large fraud schemes this can easily be millions.
- Civil Liability: On top of criminal penalties, victims can sue in civil court to recover additional damages.
- Employment Consequences: White collar convictions often lead to job loss and destroy future career prospects, especially for licensed professionals.
Defenses to White Collar Charges
Fighting white collar crime charges in New Jersey requires expert defense attorneys to analyze complex financial records and transactions. Some possible defenses include:
- Lack of Criminal Intent – Claiming there was no intention to deceive or knowledge that statements/actions were illegal. Difficult to prove in fraud cases.
- Statute of Limitations – Charges filed too late after alleged crime occurred may be dismissed. Time limits vary by crime.
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- Improper Government Conduct – Evidence obtained via illegal wiretaps, searches lacking probable cause or other government misconduct may be suppressed.
- Mistake of Fact – Believing something to be true that turns out false. Used when accused reasonably relied on expertise of others in business.
- Cooperation and Restitution – Providing substantial assistance to prosecutors or making efforts to pay back victims may lead to reduced charges/penalties.
Finding the Right White Collar Crime Lawyer
Facing white collar charges in New Jersey can be an overwhelming and terrifying experience given the complexity of these cases and severity of potential penalties. It is critical to have an experienced criminal defense attorney on your side.When researching defense lawyers, be sure to ask about their specific experience with white collar cases similar to yours. An attorney who mainly handles simple drug possession charges likely lacks the financial investigative skills needed for a complex fraud or embezzlement case.Also understand there are differences between state and federal prosecutions in approach, sentencing guidelines and other key areas. Retaining a lawyer familiar with both court systems is ideal.The right white collar crime lawyer will thoroughly examine the prosecution’s evidence and build an aggressive defense to attack flaws in the state’s case. In some instances charges can be reduced or avoided entirely through effective representation.
Conclusion
White collar crime encompasses a wide variety of non-violent, financially-motivated offenses committed by professionals and business people. While sometimes glamorized in movies, the real-life consequences of convictions are extremely serious. Beyond prison time, those found guilty often face financial ruin through massive fines, lawsuit judgements and career destruction.If you believe you are being investigated or have already been charged with white collar offenses in New Jersey, contacting a defense lawyer immediately is critical. An experienced attorney can advise you on the process ahead and protect your rights. With skilled legal guidance, some charges may be reduced or avoided completely.