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Westfield NJ Criminal Defense Law Blog

White-collar crimes: an overview

Some crimes by their very names can conjure images of the type of person who commits them. Crimes such as assault, strong-arm robbery, or burglary may bring to mind a rough sort of individual. Another type of crime, though, may produce a different kind of mental image: "white-collar crime."

When we hear the term white-collar crime, we may think of a business executive wearing a business suit planning some sort of arcane scheme involving complex and little understood corporate financial matters, like money laundering or insider-trading. But is this understanding entirely accurate? While these examples do indeed represent types of white-collar crime, the term itself includes many different kinds of the illegal activity.

Federal court reinstates lawsuit against prosecutor's office

In most cases involving police detectives and prosecutors against alleged mobsters, those accused as mobsters are the defendants. A recent decision by a New Jersey federal appeals court has effectively reversed this presumption by allowing the estate of a deceased alleged mobster to proceed with its lawsuit against the prosecutor's office in Bergen County as well as its chief of detectives.

The lawsuit by the estate originated out of a criminal prosecution dating back to 2004, during which the plaintiff estate alleged that law enforcement officials in the Bergen County prosecutor's office leaked the name of the now-deceased alleged mobster as an informant. He was later murdered in what has been described as an execution-style killing. The estate's lawsuit claims that the alleged leak amounted to a danger created by the state which violated the civil rights of the decedent.

Tax fraud charges can be fought

Allegations of tax fraud are very serious and it can be difficult to develop a criminal defense. Ultimately, you may find yourself faced with a prison sentence or heavy fine, not to mention the damage to your professional career and reputation.

FBI and state investigations of tax fraud or involvement from the IRS could mean that you will have tax fraud charges or other felony charges filed against you for which you will need to attend a hearing or go to court. It is important to find an experienced lawyer or legal team to represent you.

Different levels of government prosecute fraud

With the economic recession that began in 2008 came an attitude in New Jersey and throughout the country that was very hostile towards executives in large companies and people working within the financial industry. They were seen as reckless gamblers or greedy thieves that blatantly stole money from ordinary, honest people. The prevailing mood was that these financiers should be prosecuted and punished.

It is dangerous to allow hysteria to take the reins away from common sense and rational judgment. When that occurs, the risk is that innocent people will be accused and harmed in the process.

What is insider trading?

Everyone who trades stocks ordinarily does so based on a combination of luck, speculation, and knowledge about a company. To keep the playing field level, the government is increasingly regulating what is known as "insider trading."

Insider trading centers around the idea of "inside information;" there are two criteria that an element of information must meet to be considered inside information. First, it is information that is not public. Second, it is information that could change the price of a stock if the public found out.

Man convicted of child molestation faces new federal charges

A man who had already been convicted on charges in another state of child molestation is now facing federal charges in connection with the same incident, based on his taking the child into the state of New Jersey.

The state law conviction resulted in a sentence based on a plea bargain of only two years imprisonment. The plea deal was arrived at apparently over the objections of the local district attorney. This relatively short sentence may have also sparked the interest of federal prosecutors in exploring the possibility of trying the accused under federal law.

What is the crime of embezzlement?

Sometimes people may complain that the legal profession uses too much “legalese” in describing things like crimes. Popular television shows and movies have helped to remove the mystery or confusion from some legal terms, but it can still be the case that the general public is not always able to discern the specific behavior or action that constitutes a crime even if they are casually aware of what it represents.

Embezzlement is one of those terms that many people have heard in different contexts but are still possibly a little unsure about exactly it means or what the illegal act it refers to is. Basically, embezzlement is the theft of money or property by a person who has been placed in a position of trust to hold the money or property for safekeeping. 

Internet crime legislation continues to evolve over time

It is difficult to imagine these days what life would be like without the benefit of the Internet. There is now a growing segment of the population that has never known life without the Internet.

We've all become experts or perceived experts on any given subject because of the access many of us have through our personal computers and smartphones to an endless amount of information and knowledge.

Legal support often critical in cases of white collar crime

Employees have become considerably more apprehensive in recent years with the steady rise of convictions related to business theft and embezzlement. White collar crimes continue to be prosecuted across America, including New Jersey, where guilty offenders are receiving harsh punishments like jail time and heavy fines. An embezzlement defense is important to develop as soon as possible.

The investigations in these cases are often handled on a state or federal level, where authorities are particularly hard on the accused. In fact, the government often assigns organizations like the FBI, IRS and Secret Service to handle these matters, and puts white collar crimes in a similar category to drug and violent offenders. Charges may range from business, health care and tax fraud, to money laundering, embezzlement, theft and falsifying documents.

A former federal prosecutor is your best ally in a tax fraud case

A humorous television commercial that ran years ago featured a man for whom the day had gone very badly. One thing after another went wrong for him; at the end, his young son came to him and said, "Telephone for you, Daddy! What does it mean, IRS?"

In the real world, of course, hearing from the IRS is seldom an occasion for amusement; especially when the subject of its communication with you is to accuse you of tax fraud.