Essex County is home to the City of Newark, which is home to a high concentration of office buildings housing some of the largest businesses in the state. Accordingly, Essex County has experienced its share of white collar crime. White collar crime refers to non-violent offenses usually involving financial fraud or other wrongdoing. Often, these cases involve individuals who do not fit the traditional profile of a criminal. These defendants are typically well-educated and frequently have high-paying jobs. However, sometimes due to extraordinary circumstances, they are caught up in a white collar crime investigation.
If you or a family member has been charged with or is being investigated for a white-collar crime in Essex County or elsewhere in New Jersey, call the Lento Law Firm Criminal Defense Team. Our team has experience defending those 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.
What Is White Collar Crime?
White collar crime is a very broad term that can encompass many different offenses. The severity and punishment for white collar crimes sometimes depend on the amount of money that is involved and/or the sophistication of the activity. Most white collar crimes can be prosecuted at either the state or federal level, with the more serious crimes being generally pursued by federal prosecutors. In some rare cases, the same criminal activity can be the grounds for both state and federal charges.
Any charges in state court relating to Essex County will be brought by the Essex County Prosecutor's 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 following are some examples of New Jersey white collar crimes:
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 or assuming a false identity, or pretending to be a representative of another organization for the purpose of obtaining money or defrauding another person.
Insurance Fraud
A person is guilty of the crime of insurance fraud if he or she knowingly makes a false, fictitious, fraudulent, or misleading statement in connection with a claim for payment, reimbursement, or other benefit pursuant to an insurance policy. Cases of insurance fraud are common and are often begun after a referral by an insurance company to the prosecutor's office based on suspicious circumstances.
Forgery
Forgery is another crime that can be prosecuted at 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.
Credit Card Fraud
Another fairly common crime that occurs in New Jersey is credit card fraud. Credit card fraud occurs either when a person uses a false statement to obtain a credit card or steals a credit card or credit card information from another person to purchase goods or services. There are a myriad of ways that credit card information can be stolen, and technology is frequently being used to obtain this information. This crime is often prosecuted along with the crime of identity theft when it involves obtaining a credit card in another person's name.
The following are some examples of federal white collar crimes:
Wire Fraud
Due to the broad language under federal law, one of the most common prosecutions at the federal level is that of wire fraud. The elements of the crime consist of a person intentionally using a scheme to obtain money or property by means of false or fraudulent pretenses, or causing to be transmitted by means of wire, radio, or television communication any communications for the purpose of executing such scheme.
Mail Fraud
Similar to the wire fraud law, mail fraud is defined as intentionally utilizing a scheme to obtain money or property using the U.S. Postal Service by means of false or fraudulent pretenses. Although the usage of this statute has diminished due to the use of the internet and other technology to commit crimes, mail fraud charges are still relatively common.
Securities Fraud
Securities fraud is one category of white collar crime that is prosecuted almost exclusively at the federal level due to its complexity and the uniqueness of the federal securities laws. A person is guilty of securities fraud if he or she intentionally obtains, by means of false or fraudulent pretenses, any money or property in connection with the purchase or sale of any commodity or security of an issuer that is registered under the federal securities laws.
Embezzlement
The federal crime of embezzlement occurs when a person embezzles, steals, or knowingly converts to his use, or sells, conveys, or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof. Essentially, this crime involves the theft of money or property from the federal government.
Bank Fraud
A person is guilty of bank fraud if he or she defrauds a financial institution or obtains any money, funds, credits, assets, securities, or other property owned by a financial institution by means of false or fraudulent pretenses, representations, or promises.
Why Are Some Crimes Prosecuted by the State and Some Are Prosecuted by the Federal Government?
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.
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. That is not to say that state prosecutions cannot involve severe penalties. While the conviction rate in New Jersey 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.
Recent Prosecutions
Some recent examples of white collar cases involving either the Essex County Superior Court or the U.S. District Court include:
- A financial advisor was prosecuted for theft under state law for stealing approximately $75,000 from an elderly woman, which was intended to be used for her care
- A Newark man was charged under the federal wire fraud statute for stealing over $4 million in federal funds, including unemployment benefits, using fraudulent means
- A federal prosecution for credit card fraud for conspiring with a U.S. Postal Service employee to steal credit card information
- A state prosecution for extortion involving a correctional employee smuggling contraband into an Essex County correctional facility
- A state prosecution for insurance fraud and theft by deception in the case where an Essex County man submitted fraudulent applications to insurance companies to obtain commissions
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.
The Lento Law Firm will make every effort to reduce or even eliminate charges prior to going to trial. We will conduct a thorough investigation, and we can be especially effective where:
- There is weak evidence
- The government has made a mistake in a legal requirement, such as a search warrant or subpoena
- The government is amenable to discussions and negotiations due to case backlogs
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 you. Call 888-535-3686 or fill out our confidential online form.
