Decoding Embezzlement Charges: Legal Jargon Explained

Posted on March 22, 2024 by admin

A financial crime that regularly makes headlines, embezzlement is a form of larceny that involves the unlawful misappropriation of funds by someone trusted with their safekeeping. The offense – which can range from the misdirection of small amounts from company petty cash to the criminal diversion of significant corporate assets – carries serious legal ramifications. For anyone who has been implicated in or is concerned about potential embezzlement charges, navigating the complex legal landscape is critical.

This in-depth blog post is designed to demystify embezzlement charges, outline the intricate web of laws surrounding this offense, and offer key guidance on legal defenses and next steps for both individuals and businesses.

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Understanding Embezzlement Laws

The Definition of Embezzlement

In its simplest form, embezzlement is the act of wrongfully taking money or property entrusted to one’s care and control, often through a position of employment or fiduciary duty. What sets embezzlement apart from other forms of theft is the existence of a relationship of trust between the accused and the alleged victim, typically a business entity. However, proving embezzlement requires more than just the improper use of funds; it necessitates the ability to demonstrate the accused’s legal relationship with the assets and their subsequent fraudulent appropriation.

Types of Embezzlement Charges

The nature and severity of embezzlement charges can vary. Commonly, they are viewed as white-collar crimes, but the scale can range from small-scale theft to grand-scale financial scandals. Charges are often categorized by the amount misappropriated — so they can be charged as a misdemeanor or felony.

Indiana recognizes various types of embezzlement, with each carrying distinct legal nuances and consequences. Some common embezzlement charges include:

Employee Theft: When an employee appropriates funds or property for personal gain, they may be charged with employee theft, a form of embezzlement.
Financial Misconduct: This charge encompasses a broad range of financial crimes, including fraudulent use of company credit cards, forging checks, or siphoning off funds through deceptive practices.
Public Corruption: In cases involving public funds, the charge may escalate to public corruption, a high-profile and politically significant form of embezzlement.

Understanding the specifics of each embezzlement type is essential for both defendants and legal professionals aiming to mount an effective defense or prosecute the accused.

Legal Consequences for Embezzlement

In Indiana, the penalties for an embezzlement conviction vary significantly based on the value of the property or money embezzled and can range from misdemeanor to felony charges. For an amount under $750, it’s generally considered a misdemeanor, potentially resulting in up to a year in jail and fines. For amounts over $750, embezzlement is classified as a felony, with penalties increasing with the value of the embezzled property. The most severe cases, involving embezzlement of over $50,000, could lead to a Level 5 felony charge, punishable by up to six years in prison and hefty fines exceeding $10,000.

Potential Fines

Additionally, individuals convicted of embezzlement may also be ordered to pay restitution to the victims, compensating them for their financial losses. Fines associated with embezzlement cases serve not only as punitive measures but also as a means by which the misappropriated funds can be restored to the rightful owner. The actual extent of fines can vary widely depending on the jurisdiction, the specific circumstances of the case, and the defendant’s criminal history. Substantial fines are not uncommon for embezzlement convictions, underscoring the courts’ commitment to deterring and penalizing such acts.

Impact on Businesses and Individuals

Businesses

Corporate embezzlement can significantly harm a company’s reputation, its financial health, and the trust of its stakeholders. The discovery of such actions may lead to internal investigations, audits, and even legal action against the business itself. Beyond the immediate financial implications, organizations can also face the more intangible, yet equally damaging, effects such as reduced employee morale and a tarnished brand image.

Individuals

For individuals accused of embezzlement, the toll can be similarly devastating. The ordeal can lead to loss of employment, severe reputational damage, and financial loss stemming from legal fees, fines, and restitution payments. In some cases, the impacts can extend beyond personal and professional spheres, leading to a breakdown in personal relationships and psychological distress.

Steps to Take When Facing Embezzlement Allegations

The first steps to take when dealing with embezzlement allegations involve remaining calm and collecting all relevant documents and evidence. It’s crucial to exercise your right to remain silent and seek legal counsel immediately. Your attorney can then assist in communicating with law enforcement, reviewing the evidence, and crafting the best possible defense strategy for your specific circumstances.

Importance of Criminal Defense Representation

Given the serious nature of embezzlement charges, legal representation is not just advisable – it’s essential. A skilled criminal defense attorney can assess the strengths and weaknesses of your case, guide you through the legal process, and provide critical support as you face potentially life-altering accusations. Their expertise is particularly important in navigating the intricacies of embezzlement laws, which often require a deep understanding of financial transactions and corporate operations.

Common Defenses in Embezzlement Cases

There are several legal defenses that can be employed in embezzlement cases, including lack of intent, truthful explanation of financial discrepancies, no fiduciary relationship, and mistaken identity. Each defense strategy requires a thorough examination of the facts and circumstances of the alleged embezzlement. An experienced criminal defense lawyer can help you determine which, if any, defenses are appropriate for your case.

Legal Strategies to Combat Charges

Beyond specific defenses, there are strategies to combat embezzlement charges more broadly. These can include cooperating fully with law enforcement and the prosecution to demonstrate innocence or a willingness to make restitution. In some cases, pre-trial diversion programs or plea bargains can also lead to more favorable outcomes, particularly for first-time offenders. Your attorney can help you evaluate these options and pursue the one most likely to result in the best resolution for your situation.

Conclusion

Facing embezzlement charges is undoubtedly a daunting experience. The stakes are high, and the road ahead is fraught with legal complexities. Whether you are a corporate victim seeking to understand your legal rights or an individual navigating the treacherous waters of an embezzlement allegation, seeking professional advice and representation is critical. By understanding the laws, potential penalties, and available defense strategies, you can begin to decipher the complex jargon and plot a course toward a more favorable outcome.

Remember, the information in this post serves as a general guide. For personalized advice and guidance tailored to your specific situation, it is paramount to consult with a qualified legal professional. Do not hesitate to reach out to a criminal defense lawyer with experience in white-collar crimes if you are facing embezzlement charges or if you seek counsel as a victim of this offense. Legal experts can provide the nuanced advice you need to respond effectively and protect your rights.

Are you a business owner or entrepreneur facing embezzlement charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to book an appointment with an experienced embezzlement defense attorney in Indianapolis, Indiana. We will get the best possible outcome for your criminal case!

Insider Trading Arrest in Indiana: Legal Implications and Financial Impact

Posted on March 5, 2024 by admin

In the landscape of white-collar crime, few infractions carry the weight and implication of insider trading. It is an offense that does not just shake investor confidence but has the potential to rattle the financial structures that underpin our economy. This particular crime is not limited to a specific region; it finds its way into the financial centers of the largest cities and even the heart of the Hoosier State. Indiana, known for its contribution to manufacturing and technology, has witnessed its share of high-stakes financial drama.

This post is a response to such an episode, dissecting the legal framework, financial impact, and the values to be reinstated in the aftermath of an insider trading arrest in Indiana.

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Insider Trading Explained

Insider trading is a term often tossed around in financial news cycles, but what does it really mean, and, more importantly, what are the consequences?

Definition and Legal Framework

The act of trading a public company’s stock or other securities by individuals who have access to non-public, material information about the company is known as insider trading. Federal securities laws define these offenses and many others, but generally, the elements necessary to prove an insider trading violation include the trader’s access to material, non-public information, and the breach of a duty not to disclose or use the information for personal gain.

The legal framework for prosecuting insider trading consists of multiple layers, including the Securities and Exchange Commission (SEC) enforcing civil penalties for insider trading and the Department of Justice (DOJ) prosecuting criminal cases.

Consequences of Insider Trading

The repercussions for those found guilty of insider trading can be severe. They may include hefty fines, potentially resulting in the forfeiture of illegal profits, and prison sentences. Additionally, there could be civil penalties where the offender is barred from serving as an officer or director of a public company. It’s important to remember that the consequences of insider trading extend beyond the individual traders involved. The companies and the market itself can suffer adverse effects, including lowered investor confidence, increased market volatility, and reputational damage.

Financial Impact and Consequences

The arrest in Indiana did not occur in a vacuum. Indeed, its repercussions rippled across the market with unmistakable effects.

Effects on the Stock Market

In the immediate aftermath of insider trading revelations, the stock associated with the illegal transactions experienced significant and sometimes volatile price movements. These market effects echo the decreased confidence investors have when the integrity of the financial system is called into question.

Investor Reactions and Market Volatility

Investors, particularly institutional ones, are quick to withdraw from any market segment linked to insider trading. There is a palpable aversion to risk and a corresponding flight to quality, leaving the affected companies to contend with an increasingly volatile investment landscape. The market volatility that follows such an event serves as a sobering reminder that trust is a currency in the financial world, one that can be easily devalued through actions like insider trading.

Lessons to Learn from an Insider Trading Criminal Case

The Indiana insider trading arrest offers a range of lessons, not just for the defendant but for the broader financial community.

Importance of Compliance and Ethical Practices

It underscores the vital importance of cultivating a corporate culture that emphasizes compliance and ethical trading. Companies must do more than pay lip service to regulations; they must actively promote and enforce policies that prevent illegal insider trading. The implementation of robust compliance programs, training, and regular audits can serve as a bulwark against the kind of misconduct that leads to regulatory scrutiny, legal entanglements, and the erosion of public trust.

Impact on Reputation and Career in Finance

The arrest serves as a stark example of how swiftly and irrevocably an individual’s reputation and career can be damaged by involvement in insider trading. For those in the finance industry, the case reinforces the understanding that personal and professional conduct can have profound, lifelong consequences. Those in positions of financial responsibility must act with the knowledge that their actions, both within and outside the workplace, are subject to scrutiny, and that the costs of unethical behavior can be staggering.

Conclusion

In conclusion, the insider trading case in Indiana serves as a macrocosm of the financial world’s reliance on trust, transparency, and ethical conduct. Market participants, regardless of their role or location, must be vigilant in upholding these principles. The legal and financial implications of insider trading are far-reaching, and their impact can permanently alter the trajectory of both individual careers and the broader economic landscape. By understanding the gravity of insider trading and the events that follow illegal activity, we can all move closer to a market environment that is characterized by integrity and fairness.

For those directly affected by an insider trading arrest, the path forward will be arduous. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense charge defense lawyer who can skillfully fight your insider trading charges in Indianapolis, Indiana. Act now while there is still ample time to build your defense and secure your freedoms.

From Insider Trading to Embezzlement: Exploring Common Types of White Collar Crimes

Posted on December 8, 2023 by admin

White collar crimes, often characterized by deceit, concealment, or a breach of trust, are typically committed by individuals in the business world. While these offenses may not involve physical harm or violence, their impact on businesses, individuals, and economies can be devastating.

This blog post aims to explore the different types of white collar crimes, providing detailed examples and explaining how a white collar crime attorney can provide legal assistance in such complex cases. From insider trading to embezzlement, we will delve into the intricate world of these non-violent yet profoundly damaging crimes. Stay with us as we unravel the complexities of white collar crimes.

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Common Types of White Collar Crimes in the U.S.

Insider Trading

Insider trading is a type of white collar crime wherein individuals use non-public information to make stock trades for their own financial gain. This could involve company executives using confidential information about their organization’s financial performance to buy or sell stocks, resulting in personal profits. Such actions are illegal as they give insiders an unfair advantage over other investors and can harm the market’s integrity. Notable examples of insider trading include the infamous case of Martha Stewart, who was convicted and served time in prison for selling her shares in a stock shortly before its value dropped significantly due to negative news, all while being aware of the upcoming decline.

Embezzlement

Another form of white collar crime is embezzlement, which occurs when an individual entrusted with someone else’s money or property illegally takes it for personal use. This could involve a company employee embezzling funds from their employer, or a financial advisor misappropriating clients’ investments. Embezzlement can have severe consequences for both businesses and individuals, resulting in significant financial losses and trust issues. A famous example of embezzlement is the case of Bernard Madoff, who was convicted of several embezzlement charges and sentenced to 150 years in prison for running a massive Ponzi scheme that defrauded investors of billions of dollars.

Fraud

Fraud is another type of white collar crime that encompasses various offenses, including tax fraud, wire fraud, bank fraud, and securities fraud. In general terms, fraud involves dishonesty or deceit with the intention to gain something of value. For instance, tax fraud can involve misrepresenting income or expenses on tax returns to reduce taxes owed, while securities fraud involves providing false information to investors to manipulate stock prices for personal gain. While some forms of fraud may seem minor, like identity theft, they can have significant consequences and result in severe penalties if convicted.

Cybercrime

With the rise of technology and the internet, cybercrime has become a prevalent form of white collar crime. This type of offense involves using computers or other electronic devices to commit fraud, identity theft, or other illegal activities. Cybercriminals can steal sensitive information, such as credit card details or personal data, for financial gain or to carry out malicious acts. Examples of cybercrime include phishing scams, ransomware attacks, and identity theft. Due to the constantly evolving nature of technology, cybercrime is difficult to track and prosecute, making it a significant challenge for law enforcement agencies.

Hire a White Collar Crime Attorney

White collar crime charges are often complex and require extensive knowledge of both financial systems and legal procedures. This is where a white collar crime attorney comes in – a specialized lawyer who can provide guidance and representation in cases involving white collar crimes. These attorneys have a deep understanding of financial laws and regulations and are well-equipped to defend their clients against charges such as embezzlement, fraud, or insider trading.

Final Thoughts

White collar crimes may not involve violence or physical harm, but their impact on businesses, economies, and individuals can be devastating. From insider trading to cybercrime, these offenses come in various forms and can result in significant financial losses and tarnished reputations. If you ever find yourself facing white collar crime charges, it is essential to seek the help of a qualified white collar crime attorney who can provide expert legal assistance. Stay informed and stay safe from such crimes by staying vigilant and always seeking professional advice when necessary.

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned white collar crime lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

What to Expect When Facing Embezzlement Charges

Posted on November 29, 2023 by admin

Facing embezzlement charges can be an overwhelming experience, often fraught with uncertainty and fear. This white-collar crime, typically characterized by the misappropriation of funds entrusted to someone in a position of authority, carries severe consequences and can leave a lasting impact.

Throughout this blog post, we will explore a multitude of real-world embezzlement examples, such as employee theft, to give you a clearer understanding of the complexity of these cases. We’ll also discuss the crucial role an embezzlement attorney plays in navigating these legal hurdles and provide you with insight into the process surrounding embezzlement charges. Our aim is to shed light on this often misunderstood area of law, providing clarity and guidance to those who find themselves facing such charges.

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Embezzlement Examples

Embezzlement is a crime that can occur in a variety of settings, from large corporations to small businesses, and even in personal relationships. One common example of embezzlement is employee theft, which involves an employee abusing their position of trust within a company by siphoning off funds for their personal benefit. This could be through the manipulation of financial records or the direct theft of cash or assets. Other instances may involve a person in a position of authority, such as an accountant or bookkeeper, misappropriating funds from their clients. There have also been cases where family members have embezzled money from their elderly relatives’ accounts.

The Role of an Embezzlement Attorney

If you are facing embezzlement charges, it is crucial to seek the guidance of an experienced criminal defense embezzlement attorney. These legal professionals specialize in defending individuals accused of white-collar crimes and have a deep understanding of the complexities surrounding these cases. They will work diligently to investigate the evidence against you and build a strong defense on your behalf. With their knowledge and expertise, they can negotiate with prosecutors and potentially reduce the severity of the charges or have them dropped altogether.

What to Expect if Charged With Embezzlement or Employee Theft

Embezzlement cases can be lengthy, with multiple court appearances and a possible trial. As such, it’s essential to prepare yourself for what lies ahead. Your embezzlement attorney will advise you on how to present yourself in court and may even suggest seeking counseling or therapy to address any underlying issues that may have led to the alleged crime. It’s also important to understand that embezzlement charges can not only result in criminal penalties but also civil lawsuits from the affected parties seeking restitution. Your attorney will help you navigate these potential legal ramifications and work towards a favorable outcome for all parties involved.

Penalties for an Embezzlement Conviction in Indiana

In the state of Indiana, embezzlement charges are classified as either a misdemeanor or a felony, depending on the value of the property involved. If convicted of a misdemeanor, penalties can include up to one year in jail and fines of up to $5,000. Felony convictions carry much harsher consequences, including prison time and substantial fines. Additionally, those convicted of embezzlement may face loss of employment, damage to their reputation, and difficulty finding future employment opportunities.

Wrapping Up

In conclusion, facing embezzlement charges can be a daunting and complex experience. However, with the support of an experienced embezzlement attorney, you can navigate these challenges and work toward a resolution. It’s also crucial to understand the gravity of these charges and their potential consequences, both criminally and civilly. We hope this blog has provided you with valuable information on what to expect when facing embezzlement charges and the essential role an embezzlement attorney plays in these cases.

If you or someone you know is facing such charges, seek legal counsel immediately to protect your rights and best interests. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned embezzlement attorney in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

What are the Legal Repercussions of Check Fraud?

Posted on October 13, 2022 by admin

According to the Federal Bureau of Investigation, white collar crime “is a term that generally refers to nonviolent crimes committed by business and government professionals.” These crimes are typically motivated by financial gain, and can include embezzlement, fraud, money laundering, and bribery. In the United States, white collar crime costs businesses and taxpayers billions of dollars each year. While white collar crime is often thought of as victimless, the reality is that it can have devastating consequences for both individuals and businesses. Victims of white collar crime can suffer financial ruin, and the loss of their reputation and livelihood. Businesses can be forced to close their doors, and innocent employees can lose their jobs.

One of the most prevalent types of white collar offenses committed in the United States is check fraud. Check fraud is a type of fraud that occurs when someone uses a counterfeit, altered, or otherwise unauthorized check to pay for goods or services. Check fraud can also occur when someone writes a check without having sufficient funds in their account to cover the amount of the check, which is known as “bouncing” a check.

If you believe you are someone you love is guilty of writing, cashing, or receiving fraudulent checks, it is important to educate yourself on how the law penalizes those accused and convicted. Continue below to learn some helpful facts about check fraud, including the common legal repercussions that come along with the crime itself.

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Facts About Check Fraud

Check fraud is a type of financial crime that involves the use of fraudulent checks to illegally obtain funds from a bank or other financial institution. Check fraud can be perpetrated in a number of ways, including using stolen checks, forging signatures, altering check amounts, and using counterfeit checks. check fraud is a serious problem for both businesses and individuals, as it can lead to significant financial losses.

Penalties for Check Fraud

Check fraud is a serious crime that can result in significant fines and even jail time. The lowest level of check fraud is a Class A misdemeanor, which can lead to imprisonment for up to 1 year and a fine of $5,000. If the amount on the check was between $750 and $50,000 however, you will instead be charged with a Level 6 felony. The potential sentence for this is 6 months to 2.5 years in jail as well as up to a $10,000 fine.

If you have been charged with check fraud, it is important to consult with an experienced Indiana criminal d efense attorney who can help you understand the fraud charges against you and mount a strong defense.

How to Prevent Check Fraud

There are a number of ways to prevent check fraud, including using security features on checks, such as watermarks and microprinting, and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

Check fraud is a serious problem that can lead to significant financial losses. There are a number of ways to prevent check fraud, including using security features on checks and keeping track of checks to ensure that they are not stolen or altered. businesses can also institute policies to verify the identity of individuals who attempt to cash checks, and to require that checks be signed in the presence of a company representative. individuals can take steps to protect themselves from check fraud by keeping track of their checks and being aware of the signs of fraudulent activity.

To learn everything that you need to know about your current check fraud or bank fraud charges and how they might affect your future, contact an experienced criminal defense law firm in Indianapolis. Call the Law Office of David E. Lewis at 317-636-7514 to speak with an aggressive and experienced white collar crime charge lawyer in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at her Indianapolis office.

Top 4 Ways to Avoid Bankruptcy Fraud

Posted on January 7, 2022 by admin

Most criminals know they are committing a crime or participating in illegal activity, but there are others who unintentionally or inadvertently break the law. Bankruptcy fraud is one of the most common types of crimes that are committed unbeknownst to the one filing. If you are preparing to file for bankruptcy or see bankruptcy as a potential in your financial future, it is important to ensure that you are following all guidelines and meeting all legal expectations during the process.

Continue reading to learn the top four ways to avoid bankruptcy fraud and who to call if you are currently facing such charges or similar white-collar criminal charges in Indiana.

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Bankruptcy Fraud is a Federal Offense

In all states, bankruptcy fraud is categorized as a white-collar crime. White-collar crimes are felony offenses that tend to render more serious convictions and harsher penalties, including jail time and heavy fines. If convicted of bankruptcy fraud, one will face up to five years in jail and up to $250,000 in fines.

To mitigate such fraud, case trustees are appointed by the court to confirm the veracity of the filer’s bankruptcy. If you are filing for bankruptcy, a bankruptcy trustee will inquire about your case by reviewing your assets, asking you questions about your financial history, and more.

Bankruptcy trustees are put through a concentrated training program, giving them the acute acumen and skills to identify inconsistencies and suspicious activities among one’s bankruptcy filings. For this reason, it is important to protect yourself from mistakenly committing bankruptcy fraud by doing your research.

Although it’s not expected of you to understand all of the complexities of such legal processes, as someone filing for bankruptcy, the law holds you responsible for any egregious mistakes you might make. Therefore, it is important to uphold your duty by educating yourself on how to file for bankruptcy correctly and within legal guidelines.

How to Prevent Bankruptcy Fraud

Fortunately, there are plenty of ways you can prevent committing the crime of bankruptcy fraud. Hiring a bankruptcy attorney is a great way to ensure that all of your paperwork in filings are correct. For now, start with these top four tips on how to avoid bankruptcy mistakes that can lead to white-collar criminal charges:

❶ DO NOT PROVIDE FALSE INFORMATION ON YOUR BANKRUPTCY FORMS

When filling out your bankruptcy filing forms, be sure you are being 100% honest. Providing misleading or untrue information on your bankruptcy forms can lead to case trustees to believe you are attempting to commit fraud. If you accidentally forget to include something in your disclosure, your best recourse is to contact the trustee or your bankruptcy attorney right away to amend the error. This will show your case trustee that you are not attempting to mislead the court.

❷ DO NOT HIDE ASSETS

You will be subjected to an asset investigation when filing for bankruptcy. If you attempt to hide nonexempt assets from your case trustee or relevant creditors, you could be denied bankruptcy or even charged with fraud. This includes transferring assets around to friends and family to keep them concealed. Examples of such assets include watercrafts, vehicles, properties, land, stock, IRA accounts, overseas bank accounts, and similar holdings that can be liquidated to cash.

❸ DO NOT FILE FOR BANKRUPTCY NUMEROUS TIMES IN OTHER STATES

A person who files for bankruptcy multiple times in different places can be arrested and charged with bankruptcy fraud. Because a person or business should not have to file for bankruptcy more than once within a long period of time, multiple filings tend to be a red flag among court-appointed bankruptcy trustees.

❹ NEVER ATTEMPT TO BRIBE A BANKRUPTCY TRUSTEE

Just like bribing a police officer or magistrate of the court, bribing a bankruptcy or court-appointed case trustee is considered bad practice, and may lead to charges of bankruptcy fraud upon further investigation. Bribery is taken very seriously by the courts.

Are you currently facing criminal charges for bankruptcy fraud in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for white-collar criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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.

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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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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.