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white collar crimes Archives

Computer-based criminal charges are serious legal matters

It may seem impossible for readers of this Cincinnati-based criminal defense legal blog to imagine living in the world without access to the Internet. Through their computers, smart phones and even sometimes their televisions, individuals can gain access to a wealth of information with just a few clicks. However, this ubiquity of technology has brought with it a host of problems, in addition to the many benefits its connectivity offers to users. In some cases, the laws that govern how individuals may use technology, and the interconnectedness of the World Wide Web may make seemingly innocuous behaviors criminal.

Types of identity theft

Identity theft is a form of fraud that is becoming increasingly more common, which may be one of the reasons it is being dealt with harshly in the courts. According to the Identity Fraud Study of 2017, identity thieves have stolen over $107 billion in the last six years.

Income tax fraud or carelessness?

The laws surrounding taxation are so complex in the country that one cannot fault Ohio residents for getting confused when going through the relevant paperwork. Many end up making a mistake while trying to comply with the law and the question that comes up then is: is it income tax fraud or negligence?

Fraud allegations levied against defunct online school

Allegations of fraud continue to plague what used to be Ohio's largest online charter school, as Ohio's auditor claims the school inflated student participation numbers to collect millions in taxpayer money. He is now handing over what he considered proof to the authorities.

What constitutes bribery?

There is often a thin line between staying within the confines of the law and breaking it. If one is not sure where the line is, it can be quite easy to commit a crime that one was not even aware. For example, getting favorable treatment from someone is not a crime unless that treatment was the result of an award or payment. Bribery, as it is known, are actions that are intended to influence or alter the actions of someone else. It differs from extortion in that bribery offers a positive reward whereas extortion revolves around negative acts for compliance.

What is the required intent for computer crimes?

Simply charging someone with a crime does not automatically mean they will eventually be found guilty in a criminal trial. The prosecution must prove their case, which means they must prove all the charged elements. For internet crimes, this includes proving the mental intent to prove the crime in question.

Are corporate crimes and white collar crimes the same?

The terms "corporate crime" and "white collar crimes" are both used interchangeably as they are both non-violent crimes related to some financial activity. Additionally, the type of charges are often similar, including but not limited to, embezzlement, fraud, bribery and money laundering. There are some key differences between the two that revolve around who benefits from the crime and who pays for it. These differences are very important to understand for Ohio residents facing criminal charges.

What's the time limit for white collar criminal charges?

When one has been charged with committing a white collar crime, it is the prosecutor's job to prove every element of the case and rebut the defenses the accused puts forth. This also means it is their duty to ensure that the statute of limitations has not run on the case.

What must be shown to prove money-laundering?

When a prosecutor is charging an individual with committing a white-collar crime, they must prove all the elements of the crime were committed by the person being accused of it. Different crimes have different intent requirements that must be fulfilled and, if they are not, the crime cannot be proven. For example, a string of judgments in 2008 clarified the requirements of the federal crime of money laundering.

What is computer fraud?

Ohio residents, like their counterparts across the country, use their computers for practically every thing, from running their business to ordering their groceries. With so much information out there on the Internet and the use so rampant, it is inevitable that crimes related to computers also pop-up. But not all computer crimes are the same and when someone finds themselves facing white-collar criminal charges related to computer fraud, it is important to understand what the charges are so one can defend themselves accordingly.

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