uparow

Michigan White-Collar Crimes Lawyer

Home /  Michigan White-Collar Crimes Lawyer

Michigan White-Collar Crimes Lawyer

What is White-Collar Crime?

White-collar crimes are typically defined as nonviolent crimes of a financially motivated nature. Government officials, organizations, and individuals can be charged with committing white-collar crimes. Examples of white-collar crimes include:

  • Fraud crimes such as credit card, insurance, healthcare, tax, and securities fraud are severely penalized on both the state and federal levels. Defendants of fraud crimes are usually accused of withholding critical information or using false information to profit financially at the expense of other individuals or organizations.
  • Embezzlement requires using funds or property for unauthorized reasons. Funds or property embezzled may be under the jurisdiction of an entrusted individual who breaches a contract by misusing the funds. A common example of embezzlement is the misuse of public funds, where assets are transferred to a person or group for private financial gain.
  • If an individual receives, gives, or asks for money or something of financial value to influence an authority figure’s behavior, that is a bribery crime. Bribery can involve individuals in corporate management, employees, and government officials.
  • Forgery crimes can involve tampering or falsifying legal official files, checks, identity papers, and other types of documentation.
  • Money laundering. Money laundering involves seeking money that was illegally obtained and trying to move it through different economic avenues to make the funds appear to be earned legally. Money laundering crimes may be associated with criminal activities, such as terrorist funding or drug trafficking.
  • Ponzi schemes. Ponzi scheme crimes involve the payment of original investor dividends or earnings with investment funds from new investors. Ponzi schemes constantly require new investors and have the potential to be volatile and collapse, financially harming the investors involved.
  • Insider trading. When a person bases a securities or stocks trade on confidential information that is not readily available to the public, this is known as insider trading. Insider trading practices can threaten the integrity of financial markets.
  • Identity theft. Identity theft involves taking another individual’s personal information, such as their Social Security card or credit card information, to commit criminal acts. An example of identity theft is opening a bank account or credit card using another person’s personal information.

If you have been charged with a white-collar crime in Michigan, it is critical to get experienced and compassionate legal support as soon as possible so that you can fight back against your charges. A white-collar crime defense lawyer can ensure your rights are protected throughout the defense process, deeply investigating your case and designing and implementing an optimal defense strategy.

Michigan White-Collar Crime Defense Strategies

A variety of defense strategies can be employed to fight back against white-collar crime charges. An experienced white-collar crime lawyer can work closely with you to understand the details of your case, creating a defense strategy tailored to your situation and preferences. Common defense strategies against white-collar crime charges include:

  • Statute of limitations. If the prosecution does not submit charges within the appropriate time period, otherwise known as the statute of limitations, an attorney can file a motion requesting that the charges be dropped.
  • Lack of intent. Most fraud crimes require that an individual knowingly and intentionally commit the crime. Sufficient evidence can be gathered and presented to show the accused did not intentionally mean to mislead or defraud.
  • Mistake of fact. Claiming a mistake of fact can be effective if the defendant believed they acted lawfully based on incorrect information or a misunderstanding of the facts.
  • Actions of good faith. In some white-collar cases, it is beneficial to argue that the accused genuinely believed they were operating within the confines of the law based on information they received or professional advice. This criminal defense strategy is commonly used in complex financial fraud cases.
  • Violations of constitutional rights. If evidence was illegally obtained through the search and seizure process, or if an individual was coerced into making statements that incriminate themselves, the evidence collected unlawfully can be suppressed.
  • The accused can argue that they committed a crime only because they were physically forced to do so. If the individual had their life or well-being threatened, this is a legal justification to get white-collar crime charges dropped or reduced.
  • Accepted practices. Expert witness testimony from professionals who are highly experienced in the field related to the crime can testify and explain typical processes in the business area. They can justify the actions of the accused, working to prove that the individual was behaving in compliance.
  • Questioning the prosecution’s evidence. An experienced attorney can thoroughly examine the evidence brought forward by the prosecution, calling into question whether it is reliable or valid. Furthermore, they may be able to argue that the evidence available is not sufficient to justify that the crime was committed.

At SBBL Law, our experienced team of former federal prosecutors, former Army JAGs, and former FBI Special Agents understands common strategies used by Michigan state and federal investigators and prosecutors in white-collar criminal cases. We will leverage our extensive experience working on both sides of these cases to analyze every aspect of the investigation and all possible defenses.

Team Leader

Matthew Borgula

Criminal Defense Attorney, Partner
616-458-5500

Team Leader

Gary K. Springstead

Criminal Defense Attorney, Partner
231-924-8700

Embezzlement

Michigan Compiled Laws (MCL) 750.174 defines the criminal penalties for embezzlement. Misdemeanor embezzlement crimes have a sentencing period of less than one year. Individuals found guilty of embezzlement of a financial amount worth less than $200 may have to serve up to 93 days in jail. Those guilty of embezzling between $200 and $1,000 can be sentenced to a maximum of one year in jail.

Felony embezzlement is the embezzlement of financial assets worth more than $1,000. Individuals found guilty of embezzling capital between $1,000 to $20,000 can face a maximum of five years in prison. They can also be fined up to $10,000 or three times the amount invested, whichever amount is greater.

Individuals found guilty of embezzling $20,000 to $50,000 can spend up to 10 years in prison, with a maximum fine of $15,000 or three times the embezzlement amount, whichever amount is greater. Those found guilty of embezzling assets worth between $50,000 and $100,000 can face up to 15 years in prison, with a possibility of paying a maximum fine of $25,000 or triple the amount of capital embezzled.

Those convicted of embezzling $100,000 or more can spend up to 20 years in prison. They may also have to pay a maximum fine of $50,000 or triple the amount embezzled, whichever amount is greater. Embezzlement crimes in Michigan have greater penalties if the victim is elderly, of a vulnerable status, or a non-profit organization.

Fraud

Fraud crimes are called “false pretenses with intent to defraud” under Michigan Compiled Laws. False pretenses are defined as false documents, representations, or statements the accused knew were fraudulent. Those found guilty of committing fraud of less than $200 may spend a maximum of 93 days in jail. Individuals found guilty of committing fraud of $200 to $1,000 may have to spend up to one year in jail.

Fraud crimes involving values greater than $1,000 are felonies in Michigan. Defendants convicted of fraud crimes involving $1,000 to $20,000 can face a $10,000 fine or triple the amount of the value defrauded. They can also face a maximum sentence of five years in prison. Those convicted for defrauding amounts between $20,000 and $50,000 can face fines of up to $15,000, or three times the amount defrauded, as well as a maximum prison sentence of 15 years.

Defendants convicted of fraud crimes involving $50,000 to $100,000 can face a $25,000 fine or three times the amount defrauded, in addition to a maximum of 15 years in prison. Those found guilty of defrauding amounts greater than $100,000 can face a maximum fine of $35,000 or triple the amount defrauded and a maximum sentence of 20 years. Defendants with a criminal history involving fraud crimes face enhanced sentencing, varying based on offense.

Identity Theft

Identity theft is defined as “concealing, withholding, or misrepresenting identity” or “using personal information with the intent to defraud.”

Convictions for felony identity theft can lead to fines of up to $25,000 and a prison sentence of five years. Individuals found guilty of a second violation of identity theft crimes can face up to 10 years in prison and fines of up to $50,000. If an individual is found guilty of a third violation of identity theft crime, they may be imprisoned for up to 15 years and be fined up to $75,000.

As identity theft crimes are highly criminalized in the state, it is critical to work with an experienced white-collar defense lawyer who can help defend your case.

Federal Investigations for White-Collar Crimes

If you believe you may be under investigation by a federal agency for a white-collar crime, it is crucial to consult with experienced legal counsel immediately. Federal investigations are complex and involve multiple agencies and organizations. Agencies that may be involved in your investigation include the Securities and Exchange Commission (SEC), the Federal Bureau of Investigation (FBI), and the Internal Revenue Service (IRS).

An investigation can be triggered by proactive monitoring mandates, such as audits, whistleblowers, and reports from an accuser. Federal agencies employ a variety of techniques to carry out an investigation. Methods used include search warrants at corporate offices, forensic accounting, and financial document analysis. During the investigation process, individuals may receive subpoenas to produce particular documents or testify before a grand jury.

If you have received a subpoena to submit certain documents or appear as a witness, it is critical to work with an experienced white-collar crime attorney. They can review the validity and legal foundation of the subpoena and determine whether the terms can be challenged or quashed.

Federal investigations commonly involve a grand jury process, in which a grand jury reviews the evidence presented to determine whether federal charges can be pursued. An experienced lawyer can advise you on how to defend your case through the grand jury process. Furthermore, they can protect your rights, such as the right to avoid self-incrimination, and mitigate negative consequences.

Reach Out to a Michigan White-Collar Crimes Lawyer at SBBL Law Today

An empathetic and experienced white-collar crimes lawyer from our law firm can work closely with you to respond to a government investigation, subpoena, or criminal charge. If you are facing state white-collar crime charges in Michigan or federal white-collar crime charges anywhere in the United States, you are likely feeling overwhelmed and unsure about which steps to take next. Contact SBBL Law to discuss your case with an experienced white-collar defense attorney. Together, we will develop a comprehensive and robust defense strategy to fight back against the accusations you are facing. Contact us today.

Where We Practice

Our criminal lawyers represent clients in nationwide federal criminal cases and Title IX investigations, and we regularly appear in courts throughout Michigan:

  • U.S. District Court for the Western District of Michigan (federal court in Grand Rapids, Kalamazoo, Lansing, Marquette)
  • U.S. District Court for the Eastern District of Michigan (federal court in Detroit, Ann Arbor, Bay City, Flint, Port Huron)
  • Kent County (Greater Grand Rapids, Walker, Wyoming, Kentwood, Grandville)
  • Newaygo County (White Cloud)
  • Ottawa County (Hudsonville, Holland, Grand Haven)
  • Allegan County
  • Barry County (Hastings)
  • Muskegon County
  • Oceana County (Hart)
  • Mecosta County (Big Rapids)
  • Ionia County
  • Montcalm County (Stanton)
  • Clinton County (St. Johns)
  • Gratiot County (Ithaca)
  • Eaton County (Charlotte)
  • Ingham County (Lansing, East Lansing, Mason)
  • Jackson County
  • Calhoun County (Battle Creek)
  • Kalamazoo County
  • Van Buren County (Paw Paw, South Haven)
  • Mason County (Ludington)
  • Lake County (Baldwin)
  • Osceola County
  • Berrien County (St. Joseph)
  • Washtenaw County (Ypsilanti, Ann Arbor)
  • and elsewhere throughout Michigan.

If you or someone you know is looking for a criminal defense attorney, call now for a free consultation (616) 458-5500 or (231) 924-8700 or connect with us online.

WA or id wy ut az nm co nd sd ne mn wi il in ky tn nc sc ga fl al oh wv va de md pa nj ny me vt nh ma ri ct mi ia mo ar la ms ak hi ks ok tx ca nv mt Mason Lake Oceana Newaygo Montcalm Muskegon Ottawa Allegan Kalamazoo Barry Kent Lona Mecosta State & Federal Federal

Kalamazoo

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Allegan

TYPES OF CASES

  • Domestic Violence
  • Violent Felonies
  • Firearms Offenses
  • Major Cases
  • Murder-for-Hire

Barry

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Lona

TYPES OF CASES

  • Domestic Violence
  • Violent Felonies
  • Firearms Offenses
  • Major Cases
  • Murder-for-Hire

Kent

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Ottawa

TYPES OF CASES

  • Domestic Violence
  • Violent Felonies
  • Firearms Offenses
  • Major Cases
  • Murder-for-Hire

Muskegon

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Mecosta

TYPES OF CASES

  • Domestic Violence
  • Violent Felonies
  • Firearms Offenses
  • Major Cases
  • Murder-for-Hire

Montcalm

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Newaygo

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Lake

TYPES OF CASES

  • Domestic Violence
  • Violent Felonies
  • Firearms Offenses
  • Major Cases
  • Murder-for-Hire

Mason

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Leelanau

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Benzie

Grand Traverse

Manistee

Kalkask

Crawford

Oscoda

Alcona

Oceana

TYPES OF CASES

  • White Collar Crimes
  • Tax Crimes
  • Other Financial Crimes
  • Environmental Crimes

Wexford

Missaukee

Roscommon

Ogemaw

Iosco

Osceola

Clare

Isabella

Ionia

Clinton

Eaton

Ingham

Van Buren

Calhoun

Jackson

Berrien

Cass

St. Joseph

Branch

Gladwin

Arenac

Midland

Bay

Huron

Gratiot

Saginaw

Tuscola

Sanilac

Shiawassee

Genesee

Lapeer

St. Clair

Livingston

Oakland

Macomb

Hillsdale

Washtenaw

Wayne

Lenawee

Monroe

Antrim

Otsego

Montmorency

Alpena

Presque Isle

Charlevoix

Emmet

Cheboygan

Our Locations

616-458-5500
Grand Rapids

60 MONROE CENTER ST NW #500
GRAND RAPIDS, MI 49503

Fremont

28 W. MAIN STREET
FREMONT, MI 49412