FAQS About Bankruptcy Fraud in Indiana

Posted on November 6, 2020 by admin

If you are planning to file bankruptcy in Indiana, be prepared to be investigated to a certain extent. That is because white collar crimes like fraud are all too common in bankruptcy filings, and must be prevented through comprehensive scrutiny. For this reason, bankruptcy petitioners are assigned a trustee who will look into their financial circumstances, including all assets, liens, loans, and more.

If you suspect that your recent bankruptcy filing might have been done incorrectly, and are now worried that you could be indicted for bankruptcy fraud, review these frequently asked questions to help clear up any confusion you might have.

Indiana Bankruptcy Fraud Attorney — A law book with a gavel – Bankruptcy law

What is Bankruptcy Fraud?

Bankruptcy fraud is a type of white collar crime that is penalized on a federal level, meaning it is a felony. Bankruptcy fraud occurs if a debtor A) hides their assets, B) lies or gives false information on their application, C) bribes a bankruptcy trustee, or D) is a habitual filer, and has filed many times in other counties. The most common action that leads filers to be charged with bankruptcy fraud is concealing, or transferring for the purpose of hiding, non-exempt assets from creditors or a trustee.

Will I Go to Jail if I Hide Assets During Bankruptcy Filing?

After a person is suspected by a trustee that they are hiding assets, or transferring them so they stay hidden, the trustee will begin to collect all evidence. From there, a civil lawsuit is filed against the person. Additionally, the person can lose their ability to file bankruptcy. In cases of more serious Bankruptcy Fraud, a person might be criminally charged by the U.S. Justice Department and the U.S. Attorney General’s office. If convicted, they can be ordered to pay up to $250,000 fines and spend up to 5 years in prison.

What Will Happen to Me if I Forgot to Include Something in My Bankruptcy Disclosure?

Because the process of filing bankruptcy is serious, it is important to do so with the help of a civil attorney. They will make sure all filings are done comprehensively and correctly. If you did yours on your own, but now fear that you forgot to add something, now would be the time to hire a civil lawyer for help with your application. They can set things straight for you in no time.

What Should I Do if I Am Charged With Bankruptcy Fraud in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana bankruptcy fraud charges, today. Whether charged with fraud crimes or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

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What is Bankruptcy Fraud?

Posted on August 26, 2020 by admin

Bankruptcy is a type of legal protection for those who have no other choice but to start fresh, financially. The objective of Chapter 7 bankruptcy is to liquidate non-exempt assets and sort out as much debt as possible. However, the process of filing for bankruptcy can be complex, especially for those who are not keen to legal jargon and procedure. For this reason, many people are simply afraid to file bankruptcy out of fear that they might make a mistake and be audited for fraud. In fact, professional bankers recommend hiring an attorney to file for bankruptcy for the sole purpose of avoiding devastating errors that can lead to legal troubles.

But not to worry; unintentional bankruptcy fraud is not even fraud. It’s common error that can be resolved. If you make a mistake during the filing process, you will simply be informed and redirected. However, deliberate bankruptcy fraud is another situation; one that comes with serious legal penalties.

Continue reading to learn what constitutes bankruptcy fraud, as well as, the standard penalties for being convicted in Indiana.

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Bankruptcy Fraud is a White Collar Crime

Bankruptcy fraud falls under white collar crimes, which entails federal-level offenses typically dealing with large amounts of money. When a person illegally drains the revenue and profits of a business or local economy, they have committed a white collar offense. Accordingly, a person commits bankruptcy fraud by knowingly and intentionally hiding or altering information for the purpose of gaining a financial advantage. More specifically, bankruptcy fraud occurs if an applicant purposefully hides assets, secretly transfers assets to conceal them, gives false information, bribes court-appointed trustees, files multiple times in different courts, or all a combination of the above.

Most Common Types of Bankruptcy Fraud Crimes in Indiana:

➧ Providing False Information on Documents

➧ Hiding Assets from Liquidation

➧ Attorney Filing Incorrect Paperwork on Behalf of Client

➧ Intentional Discrepancies on Bankruptcy Petition

➧ Transferring Real Estate, Money, or Assets to Family Members

➧ Filing Multiple Cases in Separate States

➧ Using Stolen Social Security Numbers

➧ Filing a False Claim

➧ Destroying or Concealing Financial Records

➧ Giving or Accepting a Bribe

➧ Foreclosure Scams

State and Federal Bankruptcy Fraud Laws

Because it is a federal offense, if you are charged with bankruptcy fraud, you will face some serious penalties if found guilty. The common consequences are denial of bankruptcy, large fines, and of course, a criminal record. Here in Indiana, bankruptcy fraud is charged as a Level 5 Felony, which is punishable by up to 6 years in prison and $10,000 in fines. More serious crimes can be punished by up to 20 years in prison and $250,000 in fines.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a federal crime in Indianapolis, or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing bankruptcy fraud charges or white collar crime charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Possible Penalties and Convictions for Making Counterfeit Money

Posted on July 29, 2020 by admin

When you are breaking the law, you usually know it. But what you can’t accurately imagine are the possible penalties for your crimes if ever caught and convicted. As for counterfeiting U.S. money, the scope of consequences and convictions are considerable. If you are currently producing fake United States currency, or have been recently indicted on counterfeiting charges, it is in your best interest to learn what might come of your arrest if convicted in the end.

Continue reading to learn more about counterfeit money offenses and possible penalties, including where to get the aggressive criminal defense you need to avoid a white collar conviction, or in the least, a jail sentence.

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White Collar Crimes

The offense of counterfeiting United States money falls under the category of white collar crimes. Such crimes are those that generally involve illegally draining the revenue and profits of a business or local economy. Common examples include extortion, money laundering, insider trading, and of course, counterfeiting. When it comes to counterfeiting white collar crimes, forgeries of currency are the most common, but it can also include other types of crimes, such as car parts, watches, handbags, electronics, clothing, pharmaceuticals, and more.

Penalties for Money Counterfeiting

The penalties and convictions for money counterfeiting crimes in the United States vary from state to state, and depend on several other factors, such as the severity of the crime and quantity of funds counterfeited. In all cases, counterfeiting money is a federal level offense, also known as a felony.

Here in Indiana, the possible level of offenses and penalties for forging U.S. currency are as follows:

? Forgery – Level 6 Felony – 2 to 9 Years in Prison – Up to $10,000 Fines

? Counterfeiting – Level 5 Felony – 6 Months to 3 Years in Jail – Up to $10,000 Fines

*Indiana Code Section 35-43-5-1 and 35-43-5-2 (Forgery/Counterfeiting)

Using Counterfeit Money

The act of producing and distributing forged U.S. currency is a Federal offense. So is the act of using counterfeit money; that is, if you are aware that it is fake. This is known as intentional fraud, which is a felony, the same as manufacturing counterfeit money. If you discover that you are in possession of forged currency, even if you unintentionally used some, notify authorities (a bank or police) immediately to avoid legal repercussions. A person can only be convicted of manufacturing or using fake money if it can be proven beyond a doubt they did so knowingly.

If federal agents suspect you of committing the crime of money currency, they will indict you on such charges, and then obtain a legal order to confiscate any and all personal belongings and equipment suspected of being used to commit the crime, including all electronics. Your first priority at the moment of being arrested or indicted on money counterfeiting charges is to remain silent and obtain legal counsel as soon as possible. A white collar lawyer in Indiana can build a strong defense and help you evade conviction or the maximum penalties.

Where to Find a Skilled Criminal Defense Lawyer in Indiana

If you do not already have a licensed Indianapolis criminal defense lawyer working on your Indiana white collar crime case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your Federal or Indiana criminal charges so that you have a chance at avoiding the maximum penalties for your alleged crimes. Our esteemed criminal defense law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Get started protecting your future, today.

Can I Get Arrested For Not Paying My Taxes?

Posted on April 10, 2020 by admin

Tax Day is soon approaching, whether you are ready for it or not. Fortunately, with the recent government extensions granted to United States citizens, you will likely be well-prepared to pay your dues. But what happens to those who do not? After all, the old saying, “the only two things promised in life are death and taxes” is an adage for a reason. There are various consequences for failing to pay state and federal taxes, and similarly, consequences for lying on tax documents.

Continue reading to learn the laws surrounding tax crimes, including what to do if you have legal questions regarding your tax situation.

State and Federal Tax Fraud in Indiana

Intentionally not paying or under-paying your taxes, whether state, federal, or both, is a white collar crime in Indiana. Referred to as tax fraud or tax evasion, it is generally charged as a Class A Misdemeanor or Level 6 Felony.

⏩ Class A Misdemeanor – Up to 1 year in jail, with no advisory sentence. Fines up to $5,000, not including court or lawyer fees.

⏩ Level 6 Felony – Six Months to 2.5 years in jail, with an average of 1 year. Fines up to $10,000, not including court or lawyer fees.

Made Some Mistakes on Your Tax Documents?

Do not worry if you unknowingly made some errors on your tax documents. Tax mistakes are not considered tax fraud unless they are egregious or intentional.

Lying on Tax Forms

Often referred to as “cooking the books” in old gangster movies, lying on tax forms for the purpose of evading dues, defrauding the state, or receiving pecuniary benefits, is a very serious white collar tax fraud crime. It is charged as a Level 6 Felony, which is penalized by six months to 2.5 years in jail, with an advisory sentence of 1 year, and fines up to $10,000, not including court or lawyer fees.

Restitution or Jail?

In minor cases, or cases of first time offenders, courts might agree to do away with jail time if a defendant pays back the money they owe, plus any fees tacked on for late payment. Paying back taxes is referred to as restitution, and it is a common plea deal awarded in court. In order to be given the option of restitution over jail time, you must have a skilled criminal defense lawyer working your case. Otherwise, you are subjected to being sentenced to the maximum penalties for your crime.

Trust an Experienced Indiana Fraud Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana fraud charges, today. Whether charged with fraud or some other type of white collar crime, our Indianapolis criminal defense law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your criminal charges by calling David E. Lewis, Attorney at Law, today!

Facts About Immunity in Criminal Cases

Posted on January 29, 2020 by admin

Our country’s Constitution gives every United States Citizen various liberties and freedoms. One of which that has to do with criminal charges is our 5^th amendment, which protects criminal suspects from self-incrimination. What does that mean for those facing criminal charges? Mostly, it means that you cannot be forced to reveal certain information that will a) directly incriminate you, or b) indirectly incriminate you by giving investigators information of incriminating evidence. In some cases, prosecutors can work their way around this amendment by offering immunity.

Continue reading to learn more about immunity in a criminal case, including the types of immunity, their potential restrictions, and who to trust for superior criminal defense advice near you.

Immunity Basics

In the case that a prosecutor suspects a person of criminal activity, but cannot get any usable information out of them as a result of their constitutional rights, they may instead offer them immunity in exchange for their testimony against another suspect or criminal group. This type of prosecution bargain is most common in cases that can lead investigators to stopping much larger, organized criminal operations, such as drug and sex trafficking, black market businesses, white collar crimes, and more.

Types of Immunity

There are two common types of immunity offered by prosecution in criminal cases: Total Immunity and Use and Derivative Use Immunity. Total immunity, also known as transactional immunity, refers to an arrangement that gives a suspect complete protection against being charged at any point in the future based on matters related to their testimony. Keep in mind that, under this arrangement, prosecution can still bring charges against an immunized suspect, so long as the charges are based on entirely independent matters unrelated to their testimony.

Use and derivative use immunity is a similar arrangement to total immunity, but with more restriction, which is why it is the more common type offered in criminal cases. A person who is granted this type of immunity will be protected against being charged by prosecution based on statements, or any evidence uncovered from their statements, given in their immunized testimony. Essentially, this situation renders the same result as a person invoking their 5^th amendment right.

Deciding on Immunity

Because there is more than one type of immunity, it is vital to your future and your freedom to fully understand the deal being offered to you before agreeing to it and signing any documents. In fact, it is strongly encouraged to have your Indiana criminal defense lawyer review such offers and help you make the best decisions for your case. Furthermore, there are several limitations to immunity, which can also confuse or mislead you. For instance, once you agree to an immunity, you must comply and go through with the deal. If you do not, you will face various penalties, including hefty fines and jail time.

Get Trusted Criminal Defense Advice in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a crime in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing criminal charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

Are Ponzi Schemes Illegal?

Posted on June 17, 2019 by admin

A Ponzi scheme is formally known as a “pyramid scheme” or “pyramid promotional scheme”, and it is a felony white collar crime here in Indiana. Continue reading to learn more about these crimes, including some common history facts, probable legal penalties, and what to do if you are charged with a similar fraud offense in Indiana.

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Indiana Pyramid Schemes

A pyramid scheme is any type of operation that recruits participants who give over $100 for the opportunity to make more money by getting others to also become participants. In Indiana, the law defines pyramid scheme promotion or involvement as “persuading one or more individuals to join the scheme”, or “helping another person promote the scheme.”

Pyramid Scheme History

The meaning behind the colloquial term, “Ponzi” dates back in recent history to a man named Charles A. Ponzi, an Italian-born American swindler who was infamous for paying out returns using other investor’s money during the early 20th century. Although he was eventually caught and prosecuted, the immoral practice still occurs to this very day.

In fact, one of the most notorious pyramid scheme scams happened right here in Indiana back in 2012 when a financier named Tim Durham was convicted of conning nearly 200 million dollars from elderly investors. Another Hoosier by the name of John Marcum was charged by the Securities and Exchange Commission (SEC) for developing a $6 million Ponzi scheme in 2013.

Pyramid Scheme Laws and Penalties

According to Indiana Code 24-5-0.5: Deceptive Consumer Sales Act, “A person who founds, operates, or publicizes a pyramid scheme (a program where a participant gives over $100 for the opportunity to be compensated for getting others to join the program) commits a deceptive act under the Deceptive Consumer Sales Act.”

The state law allows a person to sue a Ponzi scammer in civil court if they suffered more than $500 in damages. The court, however, has full discretion to award 3 times the actual damages, or $1,000, as well as, lawyer fees, court costs, and even punitive damages for particularly egregious scams. Additionally, the law allows victims to join together and file a class action lawsuit against the pyramid scheme offender.

Pyramid Scheme Charges

If a person is charged with a pyramid scheme offense in Indiana, they face being convicted of one or more types of white collar crimes, including theft, money laundering, securities fraud, conspiracy, and more. It all depends on the details and scope of their offense. The common penalties that come along with such convictions include jail time, large fines, community service, probation, parole, house arrest, and restitution.

Indiana White Collar Crime Legal Defense

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indiana white collar criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Frequently Asked Questions About White Collar Crimes

Posted on September 17, 2018 by admin

If someone you love is facing serious felony charges for a white collar crime, you may be scared and confused. It can help alleviate your stress and discomfort by learning a little more about white collar crimes and criminal defense.

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What is a White Collar Crime?

This is one of the most common questions people have about white collar crimes. FindLaw.com defines a white collar crime as “a crime committed through deceit and motivated by financial gain.” This definition is very basic, but also very realistic. There are several different types of white collar crimes that a person can commit, but out of all the possible offenses, fraud and theft tend to be the root of them all. And within the realm of fraud and theft, even more types of white collar crimes exist, such as embezzlement, tax evasion, money laundering, insider trading, Ponzi schemes, and more.

What are the Most Common White Collar Crimes?

The most common types of white collar offenses include theft, scams, and fraud. Common types of white collar fraud include bank, wiring, check, insurance, prescription, securities, and mortgage fraud. Bribery, forgery, employment theft, embezzlement, tax evasion, money laundering, insider trading, and Ponzi schemes are also very common white collar offenses.

What are the Most Serious White Collar Crimes?

The most serious types of white collar offenses are those with large sums of money or assets involved. The more money or financial gain that occurs as a result of the crime, that harsher the penalties will be. In fact, white collar crimes are usually prosecuted in federal court, not state court, since most are felony offenses, which are punishable by prison time and more.

Do I Need a Lawyer if I am Facing White Collar Criminal Charges?

Yes; you will absolutely require private, professional criminal defense to stand up to your white collar charges. White collar criminal investigations are usually tedious, complex, and intense. You are not in the best hands with a public defender because their case loads are just too big. Your future and your freedom depends on your defense, so be sure you hire an experienced Indianapolis criminal defense lawyer who will fight for your rights.

Indianapolis White Collar Crime Lawyer

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law at 317-636-7514 for white collar criminal defense you can trust. He uses every resource in his power to aggressively defend your rights and protect your freedoms so that you can avoid the maximum penalties for your charges. Call 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges, today.

Attorney David E. Lewis Provides Aggressive Defense for White Collar Crime Charges

Posted on April 23, 2018 by admin

If you are facing white collar criminal charges in Indiana, then you need a strong and impactful defense that protects your rights and preserves your freedoms. David E. Lewis, Attorney at Law, can help you fight your criminal charges and avoid jail time.

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When a person illegally exhausts the revenue and profits of a business or local economy, they have committed what is known as a “white collar” offense. The term, “white collar crimes” is an umbrella label for a widespread assortment of felony-level offenses that take place in business, corporate, or governmental settings. Common examples of such crimes include money laundering, counterfeiting, extortion, and insider trading.

White collar crimes can be charged on a federal, state, or county level, and come with extremely harsh penalties, such as long prison sentences, enormous fines, and a life-long felony record. Even for first-time offenders can be subjected to this level of penalization. Federal-level white collar crimes are normally investigated by federal organizations like the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the International Revenue Service (IRS).

Most Common White Collar Crimes:

☑ INVESTMENT (PONZI) SCHEMES
☑ LABOR RACKETEERING
☑ FORGERY
☑ FRAUD
☑ BRIBERY
☑ COUNTERFEITING
☑ EMBEZZLEMENT
☑ EMPLOYEE THEFT
☑ MONEY LAUNDERING
☑ TAX EVASION
☑ IDENTITY THEFT
☑ EXTORTION
☑ BLACKMAIL
☑ PUBLIC CORRUPTION
☑ COPYRIGHT INFRINGEMENT
☑ PRICE FIXING
☑ WEIGHTS AND MEASURES
☑ INSIDER TRADING

Facing Embezzlement Charges?

Embezzlement is any unlawful act of misappropriating funds, and can also be charged as grand larceny, employee theft, fraud, and more. Since embezzlement is often times more than one type of felony crime, the charges against them are more severe. Attorney David E. Lewis has successfully represented several white collar crime cases in Indianapolis and will instantly start building you a custom defense powerful enough to reduce or dismiss your embezzlement charges.

Facing Bribery Charges?

Bribery is a public corruption crime that is committed when a person attempts to buy influence from a public official, or anyone else in an official public position, with the intention to control their professional decisions or performance. If you are under investigation for bribery in Indiana, count on David E. Lewis, Attorney at Law, to fight your bribery charges and obtain the most favorable resolution possible for your case!

Facing Forgery Charges?

Forgery is committed when a person fills out an official or formal document with false information, in an attempt to defraud another person or entity. This includes matters of bank fraud, check fraud, identity theft, and several other types of theft crimes. If you have been charged with the crime of forgery, trust Attorney David E. Lewis to fight get started on your defense and for your rights.

You Have a Fighting Chance!

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.