White Collar Crime
White Collar criminal lawyers: Hacking Crimes, Fraud, Embezzlement, Bribery, Criminal Defense

• Antitrust Violations. Antitrust violations involve conspiracies among competitors that fix prices, rig bids, or allocate markets or customers. Persons found in violation of certain aspects of the Sherman Antitrust Act -- the primary antitrust law -- can be fined or jailed. The antitrust laws affect most industries and apply to every phase of business including manufacturing, transportation, service, distribution, and marketing.
  
• Bankruptcy Fraud. Bankruptcy filings rose to a record high of approximately 1.4 million filings in 1997. Some sources estimate that at least 10 percent of bankruptcy filings involve fraud. Bankruptcy fraud includes schemes such as the concealment of assets, petition mills, multiple filings, false statements, trustee fraud, attorney fraud, forged filings, embezzlement, credit card fraud, and bust-outs.
  
• Computer Crime. The definition of computer crime is constantly evolving as technology advances. However, computer crimes may include:
  • Hacking (also known as Cracking): Knowingly accessing a computer without authorization or exceeding authorization of a government computer or intentionally accessing a computer without authorization or exceeding authorization to acquire financial information of a bank, business or consumer.
  • Theft of Technology. Knowingly accessing a computer without the intent to access or acquire technological information or secrets
  • Fraud. Knowingly, and with intent to defraud, accessing a federal interest computer without authorization or exceeding authorization to further a fraud or obtain anything of value.
  • Online Child Pornography. Knowingly accessing, possessing or making available pornographic material involving minors.

  Computer crime is also specifically addressed as part of Minnesota's and Wisconsin's criminal statutes including:

  • MSA 609.89 Computer Theft. Computer theft is defined as intentionally and without authorization or claim of right accessing or causing to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property; or intentionally and without claim of right, and with intent to deprive the owner of use or possession, taking, transferring, concealing or retaining possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer network. The penalties include:
    • Imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $2,500; or
    • Imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500 but not more than $2,500; or
    • In all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both.
  • MSA 609.88 Computer damage. Computer damage includes transmitting computer viruses and is defined as intentionally and without authorization damaging or destroying any computer, computer system, computer network, computer software; or intentionally and without authorization or with intent to injure or defraud altering any computer, computer system, computer network, computer software, or any other property; or distributing a destructive computer program, without authorization and with intent to damage or destroy any computer, computer system, computer network, computer software. The penalties include:
    • Imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the damage, destruction or alteration results in a loss in excess of $2,500, to the owner, or the owner's agent, or lessee;
    • Imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the damage, destruction or alteration results in a loss of more than $500, but not more than $2,500 to the owner, or the owner's agent or lessee; or
    • In all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both.
  • MSA 609.891 Unauthorized Computer Access. unauthorized computer access may be a misdemeanor, gross misdemeanor or a felony depending on the risk that the access poses to the public A person is guilty of unauthorized computer access if the person intentionally and without authority attempts to or does penetrate a computer security system. It is a felony if the access creates a grave risk of causing death which may result in imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. A person who is convicted of a second or subsequent gross misdemeanor violation is also guilty of a felony. It is a gross misdemeanor if the access creates a risk to public health and safety and may result in imprisonment for a term of not more than one year or to payment of a fine of not more than $3,000, or both.
  
  
• Environmental crimes. Crimes regarding the environment include unauthorized disposal of hazardous waste. The FBI and the Environmental Protection Agency Criminal Investigative Division have formed a local task force consisting of various local, state, and federal agencies, to address environmental crimes in the state of Minnesota.
  
• Financial Institution Fraud. The federal government estimates that more than $3 billion in losses occur annually due to fraud committed against federally insured financial institutions. Fraud may include loan fraud including drafting and passing fraudulent negotiable instruments such as checks, money orders, currency, and debit and credit cards. Bank embezzlement may also fall under this category. Embezzlement means taking another's person or party's money and/or property through abuse of a job or position of trust.
  
• Government Fraud. The General Accounting Office estimates that as much as $19 billion is lost to fraud in the federal government's procurement and contracting process. A number of federal statutes also prohibit bribery and extortion. Bribery statutes make it unlawful to seek improper preferential treatment from public officials. They also prevent government officials including elected officials and agency heads from providing preferential treatment for personal gain. Both an official accepting a bribe and the person offering the bribe may be charged with a criminal act. Even aiding or allowing a fraud to be committed may subject a person to prosecution.

• Health Care Fraud. In 1997, over $1 trillion were spent on Health Care in the U.S. The federal government conservatively estimates that 10 percent is lost to fraud, which translates to $100 billion a year. This highly prioritized crime problem affects private insurance companies, as well as government-sponsored programs such as Medicare and Medicaid. The FBI remains proactive in its identification and investigation of unscrupulous health care providers who are national in scope, as well as those groups who are organized for the sole purpose of defrauding the Nation's health care system. The FBI investigates fraud schemes relating to suppliers of durable medical equipment, independently owned laboratories, home health agencies, and medical transport companies, to name just a few. The Health Care Fraud problem in Minnesota is being addressed by the Minnesota Health Care Fraud Task Force. Each investigative and prosecuting agency working Health Care Fraud matters meet quarterly to discuss and coordinate Health Care Fraud investigations. The FBI is a member of this task force.

• Insurance Fraud. The insurance industry is one of the largest industries in the U.S., consisting of over 5,000 companies with $1.8 trillion in assets. According to industry sources, losses due to insurance fraud amount to approximately $28 billion annually. Schemes include frauds perpetrated by third parties, such as false claim filings and fraudulent asset schemes utilizing offshore corporations. Frauds perpetrated by insiders include premium diversion schemes, as well as misrepresentations by officers and employees designed to prevent regulatory agencies from taking enforcement actions. The FBI works in concert with the insurance industry and various insurance associations to enhance investigative efforts.

Call (612) 240-8005

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