White-Collar Crime Lawyer in MI

Top White-Collar Crime Attorneys in Detroit


Bajoka Law — Top Federal Criminal Defenders for White Collar Crime


WHAT IS WHITE-COLLAR CRIME?


White-collar crime is the type of crime that is typically financially motivated and non-violent. It is also the type of crime that is committed by professionals or people in business. These crimes are committed in an effort to gain money, avoid losing money, to gain a personal advantage and other related goals. Most white-collar crimes are of the type committed within an organization or are the result of using illegal information to profit from another organization. White-collar crime in America accounts for $300 billion each year. The FBI and SEC (Securities and Exchange Commission) are two of the main government agents who investigate and prosecute white-collar crimes. If you are being investigated for a white-collar crime it is important to know that the federal government is not taking these cases lightly. Expect the full force of the federal government in investigating and prosecuting white-collar crimes.


WHAT ARE THE POSSIBLE PUNISHMENTS FOR FEDERAL WHITE-COLLAR CRIME?


  • Prison: Embezzling money owned by the federal government for less than $1,000 can lead to a year in jail. Embezzling over $1,000 from the federal government can lead to up to 10 years in prison. A conviction for a single count of tax evasion can lead to five years in prison. Each additional conviction can add another five years. Other white-collar crimes have potentially severe prison penalties as well. As you can see, all the options are on the table in terms of potential prison sentences for a white-collar crime.
  • Probation: Probation is an alternative to jail that a judge can sentence someone for a white-collar crime conviction. As part of the probation, the offender will have to follow certain guidelines, may have to submit for drug or alcohol screening, and will have an assigned probation agent that they will need to stay in close contact with. Violations of probation can result in lengthy prison sentences.
  • Restitution: A judge can order an offender to pay back the money improperly obtained due to their illegal activity. This number can easily end up in the millions of dollars.
  • Fines: Anyone convicted of a white-collar criminal offense is subject to hefty fines. A conviction for tax evasion can result in up to a $250,000 fine per offense. Tax evasion by organizations can result in up to a $500,000 fine per offense. Again, it is easy to see how these fines can easily end up in the millions of dollars.
  • Other: A white-collar criminal conviction can result in the suspension or revocation of your professional license (i.e. medical, law, accounting).


WHAT ARE SOME EXAMPLES OF WHITE-COLLAR CRIME?


Common examples of white-collar crime include:


  • Falsifying financial information
  • Self-dealing
  • Ponzi schemes
  • Stealing money from company
  • Paying for political favors
  • Signing false documents
  • Attempting to hide illegally obtained money


The different activities that could be present during the commission of white-collar crimes can lead to various criminal charges. The specific charges under the umbrella of federal white-collar crime are:


  • Money Laundering (18 U.S.C. § 1956)
  • Embezzlement (18 U.S.C. Chap. 31)
  • Tax Evasion (26 U.S.C. § 7201)
  • Bribery (18 U.S.C. § 201)
  • Insider Trading (Securities Exchange Act of 1934)
  • Forgery (18 U.S.C. § 495)
  • Other White-Collar Crimes


WHAT ARE THE POSSIBLE DEFENSES?


A white-collar crime requires a criminal intent to unjustly enrich oneself through the use of some sort of false or illegal claim or activity. It is the United States Attorney’s burden to prove that you had a criminal intent to commit a white-collar crime. A common possible defense is that of mistake. In order to prove a criminal intent, it must be proven that the act was intentional, with the intent to defraud the United States government. What about other defenses? Were there constitutional violations? Is there even enough evidence? Does proper forensic accounting show fraudulent activity? These are just a few of the defenses and questions a seasoned federal health care fraud attorney will ask while building a proper defense for a white-collar crime case.


ANY FURTHER QUESTIONS?


If you or a loved one is being investigated for a federal white-collar crime or have already been indicted, you might be asking yourself, what do I do now? Finding a website such as this can be a great resource, but it is not a substitute for the advice of an experienced attorney.


EXPERIENCE MATTERS


Most attorneys have never stepped foot in a federal courthouse, much less have actually been a part of a federal jury trial. Do you really want your case to be the first your attorney has actually defended in federal court? While the answer to that question might be easy, choosing the right attorney might not be as simple. The right attorney for a federal white-collar crime case is not someone looking to sign up every person that walks through their door. The right attorney for a white-collar crime case is one that has the proper experience, time, and resources to put into defending your case against the power of the government. The United States government has unlimited resources when it comes to investigating and building cases. Your first step towards leveling the playing field is hiring an attorney who brings years of successful federal criminal defense experience to the table. At Bajoka Law in Detroit, we lean on this past experience to help bring future success.

Read more on White-Collar Crime

09 Mar, 2022
If you are being investigated for alleged illicit transactions or money laundering using cryptocurrency, contact the experienced white collar crime attorneys at Bajoka Law in Detroit today. Michigan’s leading law firm for money laundering charges with cryptocurrency.
By E. Bajoka 05 Jan, 2022
Pandemic Fraud Convictions Mount Across United States FEDERAL PANDEMIC RELIEF PROGRAMS The COVID-19 pandemic led to an economic crisis that was felt strongly by most Americans. In an effort to help keep the economy afloat during the early stages of the pandemic, Congress authorized various forms of financial assistance that went directly to people and businesses across the country. In addition to stimulus payments that many Americans received, Congress authorized money for small businesses to help pay for expenses such as rent, payroll, and other overhead. The main source of financial assistance is found within the CARES Act (Coronavirus Aid, Relief, and Economic Security Act. Nearly $3 trillion dollars was set aside for individuals and small businesses in the form of forgivable loans through the Small Business Administration (SBA). The Paycheck Protection Program (PPP) within the CARES Act served to cover payroll expenses while other expenses could be covered through the Economic Injury Disaster Loan (EDIL) or the Unemployment Insurance (UI) programs. Unfortunately, many people saw these federal funds as an opportunity to defraud the government into giving out free money for nonexistent businesses and expenses. Many individuals have faced federal prosecution for defrauding the government through the submission of fake payroll statements, fake business documents, and other forms of dishonest behavior. If you are facing prosecution for allegedly defrauding a federal pandemic relief fund, then it is important to get in touch with an experienced federal criminal defense attorney immediately, as both the Department of Justice (DOJ) and federal judges are in favor of harsh sentences for individuals that are convicted. EXAMPLES OF HARSH PRISON SENTENCES FOR PANDEMIC FRAUD CONVICTIONS Federal prosecutors across the country are asking federal judges for harsh prison sentences for defrauding the CARES Act, and many federal judges are imposing them. Two examples of cases that resulted in harsh prison sentences include: A man from Texas was convicted of several forms of white-collar crime including wire fraud and money laundering for his actions defrauding the CARES Act through the submission of fraudulent PPP loan applications. He admitted to submitting applications to two different lenders for three non-existent businesses. In these applications, he made untrue statements about his employee and payroll expenses and even submitted false tax returns to obtain relief money. He allegedly received $1.6 million through his efforts, which led to a nine-year prison sentence by a federal judge. A California family of three was convicted of conspiracy to commit bank fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, several counts of wire fraud, and several counts of bank fraud for their actions in defrauding the PPP and EIDL program. Two of the family members were also convicted of aggravated identity theft. The family allegedly received more than $20 million for their efforts, which led to each member being sentenced to up to 17 years in federal prison by a federal judge. These are just two examples of many that involve harsh sentencing by federal judges for cases that involve defrauding the CARES Act. There are many other examples just like this with the increased focus and attention that the Department of Justice and Federal Bureau of Investigation (FBI) are putting into investigating and prosecuting these cases. It is expected that these cases will continue to be investigated and prosecuted for the foreseeable future. FEDERAL FOCUS ON PANDEMIC FRAUD ENFORCEMENT The FBI and federal prosecutors have directed many resources towards the investigation and prosecution of those who they suspect of defrauding and federal pandemic relief programs. It is important to understand that federal judges are not viewing these cases in the same lens as most typical federal fraud or other white-collar crime cases. Judges are taking an increasingly harsh stance against those who are accused of violating the trust of the U.S. government during the pandemic and defrauding a pandemic financial relief fund. Make sure you have the legal help you need so you don’t face unnecessary prosecution and punishment. If you are being investigated or have already been charged with an offense related to defrauding the CARES Act, then call us at Bajoka Law so we can help!
By E.Bajoka 19 May, 2021
WHAT IS A SERVICE DEPOSIT ADDRESS ON A CRYPTOCURRENCY NETWORK? A deposit address is found on a cryptocurrency network to link deposits to user wallets. When someone wants to send cryptocurrency from one wallet to another, they do so by depositing the money through a deposit address. The deposit addresses found on cryptocurrency networks are not actually owned by the users but work to link deposits to specific users. Users can have multiple service deposit addresses and can generate new ones through their cryptocurrency network. These addresses can be used to conduct all types of business, as they are simply where crypto money can be deposited. Service providers use deposit addresses so people they are doing business with have a place to deposit their cryptocurrency. If you have legal questions related to cryptocurrency, then it is important to speak to an experienced attorney who can best help you. HOW IS A SERVICE DEPOSIT ADDRESS USED FOR MONEY LAUNDERING? Money laundering is a major part of any criminal activity that is financed by cryptocurrency. Those who use cryptocurrency to finance criminal activity do so because of its anonymity and would like to be able to convert the money to cash or other legal, usable funds. To help make this happen, cybercriminals use service providers to help them launder their money. Service providers that help cybercriminals launder money do so by using services like high-risk cryptocurrency exchange portals, online gambling, cryptocurrency mixing services, and financial entities that operate in high-risk areas. Users then transfer their laundered cryptocurrency to cash that can be used for legitimate activities or simply deposited into regular bank accounts since the money is now “clean.” IMPORTANT 2020 CRYPTOCURRENCY MONEY LAUNDERING STATISTICS In 2020, 270 service deposit addresses accounted for an estimated 55% of the cryptocurrency laundered, at an estimated value of $1.3 billion. A wider view looking at the top 1,867 service deposit addresses related to cryptocurrency money laundering in 2020 shows that these service deposit addresses accounted for 75% of cryptocurrency laundering in 2020, with an estimated value of $1.7 billion. Many of these deposit addresses are operated by third-party service providers who use “nested services” to help launder money. Nested services operate within larger financial exchanges, using over-the-counter brokers and other services to help cybercriminals launder their money through multiple exchanges. Illicit cryptocurrency funds that are laundered come from crimes such as ransomware, darknet markets, scams, child abuse material, terrorist financing, and stolen funds. The top countries that are estimated to receive illicit funds include the United States, Russia, the United Kingdom, Ukraine, Vietnam, Turkey, South Africa, South Korea, and China. Russia dominates the darknet markets by share through Hydra, the world’s largest online darknet market. Interestingly, Hydra only serves Russia and other Eastern European countries that speak Russian. These are just some of the statistics that stood out from the Chainalysis annual cryptocurrency crime report .  WHY IS THIS IMPORTANT? Cryptocurrency analysts including Chainalysis believe that this concentration of cryptocurrency money laundering service providers puts those involved at a greater risk for takedown by authorities. Analysts believe there is a greater concentration of users to few service provider addresses in 2020 due to reliance on a small group of money laundering brokers. A few major crypto money laundering takedowns could cripple the industry (at least temporarily) and force those remaining to look towards other means, potentially away from cryptocurrency altogether. If you have legal questions about cryptocurrency-related fraud or have questions about your own case, then give us a call at Bajoka Law so we can help.
By E. Bajoka 10 Mar, 2021
AN ALL-TIME LOW IN WHITE-COLLAR CRIME PROSECUTIONS UNDER PRESIDENT TRUMP During Trump’s presidency, we have witnessed all-time lows in the prosecution of white-collar crimes. Intending to be viewed as a business-friendly president, the prosecution of white-collar crimes such as securities fraud and anti-trust violations decreased dramatically under President Trump. When compared to the enforcement of white-collar crimes under President Obama, prosecutions for white-collar crimes during Trump’s presidency dropped by about 30% on average. In 2011, the Obama administration oversaw the prosecution of over 10,000 white-collar cases. In 2020, that number dropped to just over 5,000 cases under President Trump. In the first 20 months of the Trump administration, corporate fines dropped an astonishing 76% when compared to the Obama administration. Corporate penalties also saw a significant decline, dropping from $14.15 billion in penalties during the last 20 months of Obama’s presidency to just $3.4 billion in corporate penalties handed out during Trump’s first 20 months. During Trump’s presidency, he pushed the Department of Justice to target immigrants, political opponents, and activists more so than he did with respect to those suspected of committing white-collar crime. This approach is expected to change under President Biden as he implements his policies going forward. The only real question that remains is how far President Biden will go in his fight against white-collar crime. WHITE-COLLAR CRIME INDICTMENTS EXPECTED TO RISE UNDER PRESIDENT BIDEN As President Trump’s policies have turned a blind eye to many types of white-collar crime, President Biden’s administration is expected to make up for it with enforcement and regulation. An expected focus of federal prosecutors will be on crimes such as tax evasion, bribery, and Paycheck Protection Program (PPP) fraud. The PPP gave out more than $525 billion to people across the country through the use of thousands of banks. Cases alleging health care fraud, stock scams, and insider trading expect to also rise under President Biden. The money and resources that were allocated to be used to target immigrants, for instance, will be reallocated towards the investigation and prosecution of white-collar crimes. While some specific white-collar crimes are expected to be more heavily scrutinized than others; it is expected that investigation and enforcement of white-collar crimes will increase significantly across the board, regardless of type. Businesses should be on high alert to make sure that any ethics and compliance programs are being properly and effectively implemented across their companies. Any failures in the implementation of ethics and compliance programs within a business can have disastrous consequences to anyone involved. If your business is operating under an outdated ethics or compliance program or operating under a current one that is not being followed, then you are at risk for prosecution if any issues are uncovered. HOW DOES THIS AFFECT ME? With an expected rise in enforcement and prosecution of any type of crime, the appropriate level of extra care must be exercised to ensure that you are not falsely accused. Since white-collar crime indictments are expected to increase in the coming months, businesses should be more careful about their business practices to make sure that they are not doing anything that appears illegal or raises the attention of any federal authorities. It may be beneficial to conduct a company-wide audit to see what issues are brought forward, and how they can be corrected. If you have questions about your current business practices or are being investigated for a white-collar crime, then it is important that you speak to an experienced white-collar crime attorney as soon as possible; call us at Bajoka Law so we can help.
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