Don't let a bad business deal or a paperwork error become a federal felony.
Understanding Federal White-Collar Charges
Federal prosecutors often use "catch-all" statutes to build their cases. Understanding exactly what you are being accused of is the first step in your defense.
1. Wire Fraud (18 U.S.C. § 1343)
Wire fraud is the "Swiss Army Knife" of federal prosecutors. If you used a phone, sent an email, or made a bank transfer as part of an alleged "scheme to defraud," the government can charge you with wire fraud.
2. Healthcare Fraud (18 U.S.C. § 1347)
This applies to anyone in the medical field, from doctors and pharmacists to office managers. It involves allegedly defrauding a healthcare benefit program (like Medicare, Medicaid, TriCare, or private health insurance).
3. Bank Fraud (18 U.S.C. § 1344)
Bank fraud is charged when the government alleges you knowingly executed a scheme to defraud a financial institution or to obtain money owned by a bank through false pretenses.
Money laundering isn't just for "cartels." In the federal system, if you take money from a "specified unlawful activity" (like the frauds mentioned above) and conduct a financial transaction to hide its origin or "promote" the activity, or if you buy something with or transfer $10,000 or more in "dirty" money, you can be charged.
What Determines the Sentence in a White-Collar Case
The federal government doesn't just want a conviction; they want to maximize your "Offense Level" under the Federal Sentencing Guidelines by trying to prove an inflated "Loss Amount." The higher the Loss Amount they can prove, the longer the sentencing range and the more likely a prison term will be in play. That's why you need a lawyer who will fight every aspect of the case.
Call me at (423) 255-7642.
Federal prosecutors often use "catch-all" statutes to build their cases. Understanding exactly what you are being accused of is the first step in your defense.
1. Wire Fraud (18 U.S.C. § 1343)
Wire fraud is the "Swiss Army Knife" of federal prosecutors. If you used a phone, sent an email, or made a bank transfer as part of an alleged "scheme to defraud," the government can charge you with wire fraud.
- The Stakes: Up to 20 years in federal prison per count (30 years if a presidentially declared major disaster or emergency was involved or a financial institution was affected).
- The Defense: I often focus on Lack of Intent. If there was no specific intent to deceive—perhaps a business deal simply failed or there was a misunderstanding—it is not wire fraud.
2. Healthcare Fraud (18 U.S.C. § 1347)
This applies to anyone in the medical field, from doctors and pharmacists to office managers. It involves allegedly defrauding a healthcare benefit program (like Medicare, Medicaid, TriCare, or private health insurance).
- Common Allegations: "Upcoding" services, billing for services not rendered, or receiving kickbacks for referrals.
- The Defense: Federal regulations are incredibly complex. What the government calls "fraud" is often just a billing error or a compliance oversight.
3. Bank Fraud (18 U.S.C. § 1344)
Bank fraud is charged when the government alleges you knowingly executed a scheme to defraud a financial institution or to obtain money owned by a bank through false pretenses.
- Common Allegations: Providing false information on a loan application, "check kiting," or using stolen identities to open credit lines.
- The Stakes: This is one of the most serious white-collar charges, carrying a maximum penalty of 30 years in federal prison and fines up to $1,000,000.
- The Defense: A Good Faith error is not a lie. If you provided information you believed to be true at the time, or if the "fraud" was actually a complex banking error, the government may not be able to prove the required intent.
Money laundering isn't just for "cartels." In the federal system, if you take money from a "specified unlawful activity" (like the frauds mentioned above) and conduct a financial transaction to hide its origin or "promote" the activity, or if you buy something with or transfer $10,000 or more in "dirty" money, you can be charged.
- The Danger: This charge is often "tacked on" to fraud cases to increase potential prison time and allow the government to seize your assets.
- The Defense: We can challenge the Tracing. If the government cannot prove a direct link between "dirty" money and the specific transaction, the charge may not stick.
What Determines the Sentence in a White-Collar Case
The federal government doesn't just want a conviction; they want to maximize your "Offense Level" under the Federal Sentencing Guidelines by trying to prove an inflated "Loss Amount." The higher the Loss Amount they can prove, the longer the sentencing range and the more likely a prison term will be in play. That's why you need a lawyer who will fight every aspect of the case.
Call me at (423) 255-7642.