Criminal activity generally involves two components. Prosecutors who take cases to trial typically need evidence both that someone violated the law and that they intended to do so. Criminal intent can be very easy to establish in some cases. Someone who commits a...
White Collar Offenses
How can checks and balances protect small businesses?
Small business owners have to do what they can to protect their company’s assets. Implementing internal checks and balances is one way they can work toward achieving this aim. The goal is to ensure that any internal illegal activity that occurs doesn’t continue...
How intent for white collar crime is determined
In the complex world of white-collar crimes, intent plays a pivotal role in legal proceedings. It’s the determining factor that can separate an innocent business decision from a fraudulent act. Proving intent beyond a reasonable doubt is essential for securing...
Avoid these 4 mistakes during a white-collar crime investigation
White collar crime allegations, such as those pertaining to fraud and embezzlement, can lead to devastation if you’re not careful. The allegations themselves can lead to lost employment and damage to your reputation, but a conviction can result in years behind bars, a...
Mail fraud penalties and potential defenses
Mail fraud is a serious offense and if a person is charged with this federal crime, it can be hard to know what to do next. Mail fraud occurs when a person uses the U.S. Postal Service or other similar mail services for fraudulent purposes. Mail fraud can include...
Checks and balances for small businesses
In our modern society, with regular reports of victims of financial theft, security of financial assets is more important than ever. Businesses have an obligation to safeguard their financial assets by compartmentalizing access to funds to ensure that proper oversight...
Understanding embezzlement
There are many forms of theft under Tennessee law, including shoplifting, robbery, electronic theft and more. One specialized form of theft is embezzlement. Generally, those charged with embezzlement are people who have positions within companies and organizations. It...
Medicare fraud case transferred to federal district court
In the legal sense, the term “fraud” connotes deceit and an underhanded act or scheme. When applied to specific areas of law, the elements change but reflect the general principle. In cases of Medicare fraud, a federal statute entitled the False Claims Act (FCA)...
Lack of intent as a defense in your fraud case
A federal fraud charge can leave you feeling scared and hopeless. Federal laws are complex and with a federal prosecutor on the other side looking for a conviction, it is easy to give up and assume that you have no defense. The reality is that you can be charged or...
Can executive thinking lead to white-collar crimes?
People often think of crimes as things that bad people only commit, but this isn’t necessarily the case. A researcher took the time to examine the psychology behind white-collar crimes. He interviewed people who were convicted of white-collar crimes. The conclusion he...