White Collar Criminal Defense

What Are White Collar Crimes?

White collar crimes generally refer to those types of crimes involving financial fraud, misrepresentation, or scams. Both state and federal statutes list a wide range of white collar crimes, and they all carry serious consequences. White collar criminal defense is a complex area, and virtually impossible to fight on your own. North Star Criminal Defense has white collar crime lawyers well-versed in defending these charges. If you have been accused of a white collar crime, you need aggressive and sophisticated representation to fight these charges and clear your name. Your liberty and professional reputation are at stake. Contact us as soon as possible.

What Types of White Collar Crimes Can Be Charged in Minnesota?

White collar crimes include fraud in the following areas:

• Bankruptcy: attempts to defraud creditors or the court
• Corporate actions: executive decisions affecting stock value and shareholders, including self-dealing
• Bank and financial institutions: misrepresenting asset risk and return of specific investment classes
• Insurance: obtaining insurance claims through deception
• Securities and commodities: insider trading, unfair dealing, breach of fiduciary duty to clients
• Money management and investment: Ponzi schemes and management of false investment portfolios
• Money laundering: channeling illegally obtained funds through legitimate businesses
• Health care fraud
• Tax evasion and fraud
• Computer crimes: computer hacking and other allegations of fraud perpetrated through a computer
• Financial transaction card fraud: allegations involving credit cards, debit cards, banking cards, EBT cards, or similar cards

What Other Theft Offenses Are Treated Like White Collar Crimes?

Other types of white collar theft offenses are:

• Theft of intellectual property
• Embezzlement of entrusted funds
• Extortion and bribery
• Forgery
• Identity theft
• Wage theft or other allegations involving business records, payroll, or employee compensation

What Minnesota Laws Often Apply to White Collar Charges?

Many white collar cases are charged under Minnesota’s theft statute, Minn. Stat. § 609.52. That statute covers more than ordinary theft; it includes obtaining property or services by false representation, swindling, converting trade secrets, certain corporate diversions, and wage theft. In fraud-based theft cases, the State generally must prove intent to defraud, not just sloppy recordkeeping, a bad business decision, or an honest mistake.

Other common statutes include Minn. Stat. § 609.611 for insurance fraud, Minn. Stat. § 609.63 for forgery, and Minn. Stat. § 609.821 for financial transaction card fraud. These charges can overlap with theft, identity theft, computer crimes, or federal investigations depending on the facts.

What Are the Potential Penalties for White Collar Crimes in Minnesota?

The penalties depend on the specific charge, the amount involved, the number of transactions, and whether the State can aggregate losses. Under Minnesota’s theft statute, the most serious fraud-related theft offenses can carry up to 20 years in prison and a fine of up to $100,000 when the value is more than $35,000 and the conviction is for certain fraud, swindling, corporate-diversion, or wage-theft offenses. Theft over $5,000 can carry up to 10 years in prison and a fine of up to $20,000, while theft over $1,000 but not more than $5,000 can carry up to five years and a fine of up to $10,000.

Insurance fraud is sentenced under the theft statute based on the greater of the value wrongfully obtained or attempted to be obtained, or the aggregate economic loss suffered by any person as a result of the violation. A person convicted of insurance fraud must also be ordered to pay restitution to persons aggrieved by the violation. Financial transaction card fraud has its own penalty structure, including potential felony penalties when the value obtained or attempted, or the aggregate transactions, exceed statutory thresholds.

How Do You Defend a White Collar Crime?

If you have been accused of a white collar crime, the most important element is whether you acted intentionally or simply were negligent or careless. Crimes of fraud require that you were planning to deceive others for financial or professional gain, and that can be difficult to prove in some cases. At North Star Criminal Defense, we are prepared to be your advocate and defend you against all charges. Our methods of defense include:

• Conducting our own investigation into the allegations and supporting evidence, including the direct actions that form the basis for the charge
• Using modern forensic accounting techniques to refute allegations of fraud
• Evaluating the actions of law enforcement and prosecution in their methods of obtaining evidence, statements, or other information
• Raising any defenses or motions based on violations of your due process rights and other constitutional protections
• Demonstrating that you lacked the intent to commit fraud or deception, and were only negligent or made unintentional mistakes
• Assessing the role and involvement of superiors or others who were directing your actions and carry ultimate responsibility

All of these methods may be available if we can begin your defense from the early stages, and before sensitive information is gathered without our oversight. In many cases, documents and records must be subpoenaed and there are specific legal standards that must be met. For this reason, you need a white collar lawyer who understands the intricacies of criminal investigation and can protect your rights.

Why Do These Cases Require a Different Kind of Defense?

White collar crimes are complex charges and require sophisticated representation. Few criminal defense firms are truly qualified to handle these charges. With over 45 years of combined experience, the white collar crime lawyers at North Star Criminal Defense are the criminal defense team you need fighting for you.

We know that accusations of a white collar crime can be devastating to your personal and professional life, and we understand how critical it is to present a diligent and aggressive defense on your behalf. Often, managers, partners and employees are drawn into a white collar prosecution simply due to their presence on-site or conducting normal work activities. Prosecutors may attempt to name as many defendants as possible to bring pressure on innocent participants to testify against their superiors.

As your attorney, we will resist these tactics and insist that prosecution support the charges against you with verifiable evidence. North Star Criminal Defense is your ally against unfounded charges or accusations, and we will work to clear your name and reputation.