White Collar Crime

In the past, white collar crimes have sometimes been considered as crimes that were perpetrated by so-called white collar workers. Today, they are more broadly considered to be crimes that are committed without violence and usually involve some type of fraud related to money, property, and intellectual property, with penalties based on the value of the stolen property. Regardless of the value or amount of the property in question, Birdsall Law Offices' experienced criminal defense team can protect you, your rights, and your reputation if you've been accused of any "white collar" type crime. Please contact us by calling or or emailing us today for a free consultation.

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Fraud (In General)

Fraud is the act of knowing something to be false or fraudulent and using that false or fraudulent item in order to obtain financial or other type of gain. There are many forms of fraud, but the essential elements remain the same. The penalties for committing fraud will depend greatly on two things specifically: 1) the amount of money or other goods that you were able to obtain through the fraud, and 2) the complexity and/or duration of the fraud. Other factors may be taken into consideration, but these two are primary in the court's calculation of your punishment.

Insurance fraud

Insurance fraud has the same elements as fraud. In addition to those elements, the state must prove that the fraud was carried out on an insurance company in an effort to make a false claim.

Bribery of a Public Official

The state must prove 4 elements:

That you had the intent to influence a public official
That you intended to influence that official regarding an affair that is pending or would be before that official
That through that influence you intended to have the official violate his duties
That you transferred property or other goods to achieve the influence

Bribery of a public official is a serious crime. It does not matter the extent of the bribery, nor the amount of money/property offered. It is treated the same way no matter what. Bribery is a Class H Felony.

> Wisconsin penalty for Bribery of a Public Official:

3 years in prison.

Mail/Wire fraud

Mail/Wire fraud is the act of using the mail and/or wire (i.e. internet, telephone) to perpetuate a fraud. This is a very broad charge that is mainly used by federal prosecutors. The major element of this charge is the fraud. The mail element is what specifically allows the federal prosecutors to get involved in the case.

Embezzlement

The State must prove 4 elements:

That you had possession of money belonging to another because of your employment.
That you intentionally used the money without the owner's consent and contrary to your authority. The term "intentionally" means that you must have had the mental purpose to use the money without the owner's consent and contrary to your authority.
That you knew that the use of the money was without the owner's consent and contrary to your authority.
That you intended to convert the money to your own use, or the use of any other person.

The same penalties apply as with regular theft, but with the added condition that the money is taken in the context of employment, especially for those who have control over company funds such as bookkeepers, accountants and officers of a corporation. Employees who steal physical items are generally just charged with theft. Typically, being accused (and/or convicted) of embezzlement makes it extremely difficult to find future employment.