Gulfport White Collar Criminal Defense Lawyer

There is a lot at stake for an individual facing a criminal charge. In the area of white collar crimes, most of those offenses are classified as felonies. That carries larger fines and the potential for prison.

That is why the accused party must get out in front of those charges as soon as possible. It requires working with an experienced Gulfport white collar criminal defense lawyer.

At Owen, Owen & Smith, PLLC, we have years of trial experience defending clients accused of white collar crimes. We want to hear from you if you are facing these kinds of charges. After an initial consultation, we can advise you about your options and the best way to move forward.

While white collar crimes aren’t as sensational as crimes associated with assault or murder, they can still attract a lot of attention. Before we agree to represent an individual, it is important to understand the type of offense that they might be charged with. The following are examples of common white collar crimes:

Embezzlement

Embezzlement involves an individual charged with fraudulently concealing or converting goods or money for their own purposes. The source of those goods or money comes from a place of employment. In other words, the accused steals property they had lawful access to.

The Mississippi courts have set the following parameters for embezzlement:

• Embezzling property worth less than $1,000 is considered a misdemeanor punishable by up to six months in jail and a fine of up to $1,000.
• Embezzlement of property worth more than $1,000 but more than $5,000 is considered a felony punishable by up to five years in prison and a fine of up to $5,000.
• Embezzlement of property worth more than $5,000 but more than $25,000 is considered a felony punishable by up to ten years in prison and a fine of up to $25,000.
• Embezzling property worth more than $25,000 is considered a felony punishable by up to twenty years in prison and a fine of up to $25,000.

Computer Fraud

For all the support computers provide, they also create a temptation to commit fraud. The state defines computer fraud as:

• “Accessing or causing to be accessed any computer, computer system, computer network, or any part thereof with the intent to:
• Defraud
• Obtain money, property, or services by using false or fraudulent conduct, practices, or representations; or through false or fraudulent alteration, deletion, or insertion of programs or data.
• Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system or computer network.”

An incident involving theft of more than $1,000 but less than $5,000 can result in five years in jail.

Identity Theft

Using someone else’s identity to obtain a credit card or purchase any item is considered identity theft. That category also includes using someone else’s identity to get a job, access personal records, or commit any illegal act.

Additional white collar crimes include the following:

• Tax evasion
• Stock fraud
• Insider trading
• Securities fraud
• Insurance fraud
• Public corruption/bribery
• Blackmail
• Extortion

In addition to the fines and jail time, these crimes are also part of the public record. Once a person is arrested, that will appear on any background check. That can impact future employment, apartment rentals, and the ability to obtain loans or credit. That is why you want a fast resolution to any charge.

Many people think of white collar crimes as victimless and not on the same level as drug or armed robbery crimes. The truth is that white collar crimes are a breach of trust. The penalties can be severe, especially in a jury trial where a prosecutor can create a story of ruthlessness and uncaring on the part of the defendant. That is why any individual accused of this type of crime can face the harshest penalties.

It is also why anyone charged with these crimes needs to put up a strong defense with the help of a skilled Gulfport white collar criminal defense lawyer. Here are some of the viable defenses that could be presented at trial:

Lack of Intent

For the prosecution to prevail in a case involving a white collar charge, there needs to be a clear intent. A defendant can assert that they had no intention of engaging in an unlawful act.

Entrapment

When there is a suspicion of fraud or another type of white collar crime, law enforcement agencies might attempt to set up a “sting operation” to catch a person of interest in the act. The courts allow some leniency with law enforcement for this method, but there are restraints. An individual cannot be coerced into committing a crime by law enforcement. That would be considered entrapment.

Duress

There might be a scenario where a defendant committed an act of fraud because they were forced to by another person. Those threats can be in the form of coercion from a supervisor at work or a general threat of bodily harm or death.

Incapacity

A defense attorney can argue that their client lacked the mental capacity to understand the criminal nature of their actions. That might be effective in simpler cases, but it would be hard to prove with more complicated instances involving computers, banking accounts, and an attempt to cover up.