Due to its proximity to New York City and wealthy bedroom communities, Bergen County is not a stranger to white-collar crime. White-collar crime refers to non-violent offenses, usually involving financial fraud or other wrongdoing. Often, these cases involve individuals who have become indebted or are in a precarious financial situation and commit financial crimes as a last resort. Many times, these crimes are committed with the intent to pay back what they have stolen at a later date.
If you or a family member have been charged with a white-collar crime in New Jersey, the Lento Law Firm Criminal Defense Team can help you. Our team has experience in defending those who have been accused of a wide range of white-collar crimes and other offenses. To find out how we can help you, call 888-535-3686 or fill out our confidential online contact form today.
White Collar Crime Varies in Complexity and Severity
There are a multitude of crimes that are categorized as white-collar offenses. While new technology and the internet have led to increasingly sophisticated schemes, many of the most effective crimes are relatively simple. Laws criminalizing white-collar crime exist on both the state and federal levels, with the more serious crimes being generally pursued by federal prosecutors.
Some examples of white-collar crimes include the following:
Theft by Deception
Theft by deception is a crime that involves the theft of property of another person by an intentional act or omission designed to deceive that person. This is a “catch-all” law that can apply to a broad range of criminal behavior. An example of this crime is when someone collects money or donations for a charitable purpose, but no such charity exists. Under New Jersey law, in order to prove theft by deception, the government must prove that the defendant obtained property by intentionally deceiving another person.
Impersonation; Identity Theft
With the advent of social media, it has become easier and easier to impersonate another person with the intent to defraud them or others. AI technology has also allowed individuals to easily create false identities. This crime involves impersonating another person, assuming a false identity, or pretending to be a representative of another organization for the purpose of obtaining money or defrauding another person. This crime can be prosecuted at either the state or federal level. If the crime involves using a false state or federal ID in order to commit a crime or a person is involved in producing false IDs, the crime will often be prosecuted on the federal level.
Money Laundering
Although the crime of money laundering is commonly associated with large criminal drug enterprises, the law is written broadly to encompass many types of criminal activities. The New Jersey law states that any person who possesses stolen money or property that a reasonable person would believe is derived from criminal activity is guilty of money laundering. Federal money laundering charges can result if the criminal activity involves crossing state lines or into a foreign country or is part of a larger criminal enterprise.
Forgery
Forgery is another crime that can be prosecuted on either the state or federal level. Under New Jersey law, a person is guilty of forgery if he or she creates or alters a document with the intent to defraud another person. The statute is very broadly defined to encompass any type of deceptive activity conducted electronically or otherwise. The federal forgery laws generally target the counterfeiting of money, securities, postage stamps, coins, and other financial instruments.
Tax Fraud and Other Tax Crimes
Both New Jersey and the United States will prosecute persons who have engaged in tax crimes. These crimes range from failing to file a tax return, failure to pay taxes, or filing a fraudulent tax return. Penalties for tax evasion schemes can be severe if large amounts of money are involved or if the activity takes place over many years.
The Difference Between State and Federal Prosecutions
Most white-collar crimes can be prosecuted at either the state or federal level or, in some rare cases, both. Any charges in state court relating to Bergen County will be brought by the Bergen County Prosecutors Office in New Jersey Superior Court. Federal charges will be brought by the U.S. Attorney's Office for the District Court of New Jersey. Cases will typically be brought by federal prosecutors in the U.S. Courthouse in Newark, New Jersey.
The question of whether a white-collar crime will be brought in state or federal court is a complicated one. Generally, if the matter involves larger amounts, interstate criminal activities, federal property, or is a complex criminal scheme, it will be brought in federal and not state court. However, there are some white-collar crimes, such as securities fraud, that are prosecuted under specific federal laws and thus are always brought in federal court.
Generally speaking, a prosecution in federal court subjects a defendant to much larger potential fines and penalties. In addition, the rate of successful prosecution by federal prosecutors is very high. In 2023, 85% of federal prosecutions resulted in a plea. Of the 15% of cases that went to trial, 80% of the defendants were ultimately convicted. Sentencing for federal convictions is also generally more severe, and federal judges are constrained by strict sentencing guidelines.
That is not to say that state prosecutions cannot involve severe penalties. While the conviction rate in NJ is lower than in federal cases, the vast majority of white-collar cases result in a plea bargain, and sentences can be more severe than other crimes, primarily because the amounts involved in white-collar crimes are large.
In both federal and state prosecutions, a conviction for a white-collar crime can result in many years in prison, community service, fines, and restitution. In addition, having a criminal conviction on your record can do great damage to your reputation and ability to obtain future employment.
Recent Prosecutions
Some recent examples of white-collar cases involving either the Bergen County Superior Court or the U.S. District Court include:
- A state law prosecution for theft by deception and impersonation for the theft of $900,000 from acquaintances
- A federal prosecution for money laundering of proceeds of an elder law and computer fraud scheme
- A federal prosecution for tax fraud and filing a false tax return
- A state prosecution for theft by deception and forgery in connection with the preparation of documents for a fraudulent investment scheme
- A state prosecution for a check kiting scheme that resulted in theft by deception and money laundering charges
The Lento Law Firm Can Help You Defend Yourself
The Lento Law Firm has experience in both state and federal court defending individuals being investigated or prosecuted for white-collar crimes. While the general public sometimes believes that white-collar convictions result in lenient punishments, this is rarely the case. Conviction of a white-collar crime can land you a lengthy prison sentence and potentially tens or hundreds of thousands of dollars in fines and restitution. Some criminal defendants convicted of a white-collar crime are saddled with restitution and fines that they will never be able to pay off.
Our Criminal Defense Team understands the stress and fear that comes with criminal prosecution, in particular those for white-collar crimes. Due to the complex nature of the crimes, a criminal trial is often very expensive and may require additional resources such as forensic accountants and other experts. Going to trial can also involve a “trial tax” if found guilty, which could result in more severe penalties than if a plea bargain is reached with prosecutors.
The Lento Law Firm will make every effort to reduce or even eliminate charges prior to going to trial. In some cases, even federal charges can be mitigated:
- Where there is weak evidence. We will thoroughly investigate your charges and the government's evidence against you. If there are discrepancies in the evidence, we will bring those to the prosecutor's attention and negotiate lesser charges or even, in rare cases, a dismissal of the charges
- For legal technicalities. Many white-collar crime investigations involve obtaining information through warrants or subpoenas. Sometimes, interviews with defendants can also produce incriminating evidence. Law enforcement is required to follow certain rules and technicalities when gathering evidence. If they fail to follow those rules, the evidence may be suppressed and not admissible at trial
- Due to discussions and negotiations. Except in the most egregious of circumstances, the government does not want to expend the time and resources necessary to bring a case to trial. This is especially true if you are a first-time offender and the case is not strong. The Lento Law Firm will point out potential flaws in the government's case against you with the hope of obtaining a more favorable plea offer.
The conviction of a white crime can be devastating to you and your family. Your professional and personal reputation can be severely damaged by a criminal conviction, and it may be extremely difficult to obtain future employment. The Lento Law Firm Criminal Defense Team has the experience you need to defend yourself. Call 888-535-3686 or fill out our confidential online form.
