When you think of crime, you might conjure images of dramatic car chases or burglaries. But what about crimes that occur quietly behind desks, through phone calls, or with the click of a keyboard? White-collar crimes are some of the most damaging offenses, often involving deception, theft, and massive financial losses. If you’re facing allegations of a white-collar crime in Illinois, you may feel overwhelmed but remember: you don’t have to face this alone. Andrew M. Weisberg can advocate for you, guide you through the process, and protect your rights every step of the way.

What Are White-Collar Crimes?

White-collar crimes are non-violent offenses committed for financial gain, typically involving deception, fraud, or manipulation. These crimes are often associated with professionals, business owners, and corporate executives but can affect anyone involved in financial transactions. Common Examples of White-Collar Crimes:

• Fraud: Includes healthcare fraud, wire fraud, securities fraud, and mortgage fraud.
• Embezzlement: Misappropriating funds entrusted to you by an employer or client.
• Money Laundering: Concealing the origins of illegally obtained money.
• Insider Trading: Using non-public information to gain an unfair advantage in stock trading.
• Tax Evasion: Falsifying or underreporting income to avoid paying taxes.

What Laws Govern White-Collar Crimes in Illinois?

White-collar crimes can fall under both state and federal law, depending on the nature of the offense and its scope. For example:

• Illinois Statutes: State laws govern crimes like forgery, theft by deception, and certain types of fraud. These offenses are often categorized based on the amount of financial damage caused.
• Federal Laws: When a crime crosses state lines, affects a government agency, or involves federal funds, federal authorities may intervene. Federal white-collar crimes are prosecuted under laws like the Securities Exchange Act or the Racketeer Influenced and Corrupt Organizations (RICO) Act.

Understanding whether your charges fall under state or federal jurisdiction is critical because federal crimes often come with harsher penalties and more complex proceedings.

What Are Common Types of White-Collar Crimes in Illinois?

White-collar crimes can take many forms. Below are some of the most common examples seen in Illinois:

• Healthcare Fraud: Falsifying medical claims to insurance companies.
• Mortgage Fraud: Misrepresenting information to obtain a loan.
• Wire Fraud: Using electronic communications to commit fraud.

What Are the Penalties for White Collar Crimes in Illinois?

The penalties for white-collar crimes depend on several factors, including the financial loss involved, the intent of the accused, and whether the offense involved aggravating factors like organized crime.

Potential consequences include:

• Fines: White-collar crimes often result in hefty fines, ranging from thousands to millions of dollars, depending on the severity of the offense.
• Restitution: Courts may order the defendant to repay victims for their financial losses.
• Imprisonment: While some white-collar crimes are misdemeanors with lighter sentences, others are classified as felonies and can lead to years—or even decades—in prison.
• Loss of Professional Licenses: Certain convictions can result in losing licenses to practice in fields like law, accounting, or finance.

Can White Collar Crimes Be Charged as Felonies?

Yes, white-collar crimes can be charged as felonies in Illinois, particularly when the financial losses exceed certain thresholds. For instance:

• Crimes involving losses of $500 or more are often classified as felonies.
• Large-scale schemes or repeated offenses can escalate charges, even if individual incidents involve smaller amounts.

What Are Common Defenses Against White Collar Crime Charges?

No two cases are alike, but there are several defenses that may apply to white-collar crime allegations. Our attorneys will carefully evaluate your situation to determine the most effective strategy. Potential defenses include:

• Lack of Intent: Many white-collar crimes require proof that you acted intentionally or knowingly. If we can demonstrate that you made an honest mistake, it could lead to a dismissal or reduced charges.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. We’ll examine the evidence for gaps, inconsistencies, or procedural errors.
• Entrapment: If you were coerced into committing a crime by law enforcement, this may be a valid defense.

Seek Legal Help from Chicago, IL Criminal Defense Attorneys

Being accused of a white-collar crime can turn your life upside down, impacting your reputation, career, and future. The stakes are high, and having a skilled criminal defense attorney on your side can make all the difference.

Andrew M. Weisberg, an experienced Chicago criminal defense lawyer and former Cook County felony prosecutor, has a proven track record of fighting for his clients with dedication and tenacity. His in-depth knowledge of Illinois law and courtroom strategies allows him to craft a strong defense tailored to your unique situation. Don’t face these charges alone—contact The Law Offices of Andrew Weisberg at (773) 908-9811 for a consultation or connect with us online.

In the realm of combating organized crime and corruption, the Racketeer Influenced and Corrupt Organizations (RICO) Act stands as a formidable legal instrument. Originally enacted in 1970, this federal statute has been pivotal in targeting various criminal enterprises, including white-collar crimes.

In Chicago, a city with a complex socioeconomic landscape, understanding the implications of the RICO Act on white-collar crime cases is crucial. Let’s delve into the intricacies of this legislation, its application, potential penalties, defense strategies, and the significance of retaining proficient legal counsel.

Understanding the RICO Act

The RICO Act was designed to dismantle criminal organizations by targeting not only their illegal activities but also their structure and assets.

It provides law enforcement agencies and prosecutors with powerful tools to combat a wide array of criminal behavior, including fraud, bribery, money laundering, and extortion. Under RICO, individuals involved in an enterprise engaged in a pattern of racketeering activity can be prosecuted, along with the enterprise itself.

Application to White Collar Crime Cases in Chicago

In Chicago, a city renowned for its financial institutions and diverse business landscape, white-collar crimes pose significant challenges to law enforcement agencies.

The RICO Act has been instrumental in addressing these challenges by enabling prosecutors to pursue charges against individuals and entities involved in sophisticated criminal schemes. From insider trading to embezzlement and corporate fraud, RICO offers a comprehensive framework to hold perpetrators accountable.

Potential Penalties

The penalties for RICO violations can be severe, reflecting the gravity of the offenses and their impact on society. Individuals convicted under the RICO Act may face lengthy prison sentences, substantial fines, forfeiture of assets, and restitution payments to victims. Moreover, RICO allows for the forfeiture of ill-gotten gains acquired through racketeering activities, further depriving offenders of their financial resources.

Defense Strategies

Mounting a defense against RICO charges requires a nuanced approach and thorough understanding of both criminal law and procedural rules. Defense strategies may vary depending on the circumstances of the case, but common approaches include challenging the prosecution’s evidence, disputing the existence of a criminal enterprise, asserting affirmative defenses, and negotiating plea bargains.

Given the complexity of RICO cases, it is essential for defendants to seek representation from experienced criminal defense attorneys with a track record of success in federal court.

Building a Strong Defense

The importance of building a strong defense cannot be overstated in RICO cases, especially in a city like Chicago where the stakes are high. A skilled defense attorney can meticulously examine the prosecution’s case, identify weaknesses, and craft a strategic defense tailored to the client’s specific circumstances.

Whether challenging the admissibility of evidence, conducting independent investigations, or presenting mitigating factors during sentencing, a competent lawyer can significantly influence the outcome of the case.

The Role of Legal Counsel

Navigating the complexities of the legal system requires expertise and insight that only seasoned attorneys can provide. In RICO cases, where the government often wields considerable resources and prosecutorial power, having a knowledgeable advocate on your side is essential.

A competent defense attorney can safeguard your rights, provide invaluable guidance throughout the legal process, and vigorously defend your interests in court.

Defending Against Chicago White Collar Crime Accusations

The RICO Act serves as a formidable weapon in the fight against organized crime and corruption, including white-collar offenses, in Chicago and beyond. Its broad scope and stringent penalties underscore the gravity of racketeering activities and the importance of holding perpetrators accountable.

However, mounting a successful defense against RICO charges necessitates expertise, diligence, and strategic acumen. By enlisting the services of a proficient criminal defense lawyer, defendants can level the playing field and strive for a favorable resolution. In a city where the pursuit of justice is paramount, arming oneself with competent legal counsel is not just advisable—it’s imperative.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, you can face some stiff charges if accused of embezzlement. One of the most common forms of white-collar crime, embezzlement often makes headlines when it happens.

A great example is the recent indictment of several defendants who are alleged to have participated in embezzlement at a Chicago bank. These defendants, one of whom was the bank’s former Vice President, were accused of embezzling over $23 million. While an indictment is not a guilty verdict, it does point to some serious crimes that may have been perpetrated.

What is embezzlement, and what happens if you’re charged and found guilty in Illinois? Read on to find out.

White-Collar Crime: What Is It?

The FBI defines white-collar crime as crime committed for financial gain. Common elements are violation of trust, deceit, or concealment. White collar criminals are generally motivated by the desire to gain or retain money, services, or property. Likewise, the motive could be securing an unethical upper hand in business or personal matters.

Some of the most common white-collar crimes include fraud, money laundering – and embezzlement.

What Is Embezzlement?

Illinois law defines embezzlement as a type of property theft. It can be charged as a state or federal crime, but it depends on the facts of the case.

The state charges embezzlement under theft statutes. It’s committed when a person exerts or obtains authority over property that is not authorized, and they intend to permanently deprive the owner of the benefit or use of that property. Embezzlement often occurs in concealed deception.

What makes embezzlement different from theft is access to the property. In embezzlement cases, defendants do have legal access to the property, but they do not own it. Instead, they fraudulently appropriate property with which they’ve been entrusted.

It’s a very serious charge. When confronted with embezzlement charges, it’s in your best interest to secure a lawyer as quickly as possible.

The Penalties for Embezzlement in Illinois

The penalties in Illinois are based on the value of the property that was embezzled. It should be noted that penalties are enhanced if the embezzlement involved a place of worship, school, or government property.

Value Less Than $500

This is a Class A misdemeanor, punishable by up to 12 months in prison and fines of $2,500.

Between $500 and $1000

A Class 3 felony, the punishment for this level risks five years behind bars and fines in the amount of $25,000.

$10,000 to $100,000

A Class 2 felony, this is punishable by up to seven years in prison and fines for $25,000.

$100,000 to $500,000

As a Class 1 felony, anyone convicted for this level of embezzlement can be sentenced to 15 years behind bars and fined $25,000.

$500,000 to $1 Million

A Class 1 felony that isn’t eligible for probation, you can face up to 15 years in prison and be responsible for fines as high as $25,000.

More Than $1 Million

This is a Class X felony, which is grave in Illinois. You may be sentenced to 30 years in prison and be required to pay fines of $25,000.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Have you been charged with bribery in Illinois? Are you under investigation? Do you just want to understand how the law works to make sure you’re abiding by it?

In this post, we’re going to detail laws and associated penalties, and cover what you can do to fight back if you do find yourself getting unwanted attention from law enforcement.

How Illinois Bribery Laws Work

How big of a deal is bribery here? It’s one of the most serious white collar crimes on the books – so much so that our state has three different statutes that cover it:

720 ILCS 5/33-1. Bribery

720 ILCS 5/29-1. Offering a bribe

720 ILCS 5/29A‑1. Commercial bribery

In all cases, bribery involves illegally offering something to influence another’s conduct.

How do they differ?

720 ILCS 5/33-1. This type of bribery makes it illegal to attempt to influence a public officer, employee, juror, or witness.

Charge: Class 2 felony.

720 ILCS 5/29-1. This statute is about bribery in sports (pro, amateur, and college), as well as any “interscholastic competition.”

Charge: depending on the circumstances, could be a Class A misdemeanor or Class 4 felony.

720 ILCS 5/29A‑1. Commercial bribery, in essence, is about bribing someone else’s employee to alter their conduct in relation to their employer’s affairs.

Charge: depending on the circumstances, could be a Class A misdemeanor or Class 3 felony.

The nuances of each law can get a bit complicated, and your best bet if you are charged is to consult with a knowledgeable Chicago criminal lawyer as soon as possible.

To give you a better sense of this, though, let’s dive a bit further into the nuts and bolts of 720 ILCS 5/33-1. Where this statute is concerned, someone can be charged for:

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage.

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage and who is believed to be a public

officer, public employee, juror or witness.

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage, which causes another person to influence the official actions or functions of a public officer, public employee, juror or witness.

• Unlawfully agreeing to accept, receive or retain any personal advantage or property while knowing that it was promised or given with the intent to influence the official actions or functions of a public officer, public employee, juror or witness.

• Unlawfully agreeing to accept, receive or retain any personal advantage or property with an understanding that the recipient is expected to influence the official actions or functions of a public officer, public employee, juror or witness.

Examples of Bribery in Illinois

It may be easier to understand bribery charges by looking at a few specific examples.

Here are several to consider.

• Paying for a public employee’s vacation so that she will modify official documents for you.

• Giving a judge’s family member tickets to a premiere sports event so the judge will rule favorably in your civil case.

• Paying a prosecutor to get criminal charges dismissed.

• Offering a big discount on a car at your lot if a rival team’s star athlete sits out the game against your alma mater.

In short, bribery charges are a big deal. Not only can the criminal penalties be incredibly severe, it carries with it a social stigma that can follow you around for the rest of your life, and may derail many business and career opportunities.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you have been arrested for a white collar crime in Illinois, you might be feeling a lot of different emotions. Though white collar crimes aren’t violent in nature, the law takes these offenses very seriously. Offenders often face heavy fines and years behind bars for what may have started as a little white lie – or even an accounting mistake.

You may feel the urge to take drastic action to save your skin. You may just want to go about your normal life.

However, during this time, you have to be very cautious of what you do and say. A simple conversation can come back to bite you in court (and be the key to throwing you in jail).

Don’t make these mistakes when you are being investigated for a white collar crime:

Talking About the Case

The only person you should talk to about your case is your Chicago defense attorney. Period. Don’t talk to your friends, colleagues, neighbors, pet sitters, teammates, favorite store clerk – no one but your lawyer.

Remember, anything you say can and will be used against you. If somehow word spreads or someone eavesdrops on your conversation, you could hear your words repeated back to you in court.

Shredding the Evidence

As you’re walking around your office or your house, you might see some incriminating memos. Prosecutors could get a lot of use out of this evidence, and it would be convenient if it just… disappeared…

Don’t think that you can shred or alter evidence without consequences. Prosecutors know what they are doing, and they will find the documents in question (or at least evidence that they existed, which can potentially be even more incriminating). If you are worried about a piece of evidence, take it to your lawyer.

Hiding Things from Your Illinois Criminal Attorney

Your defense lawyer needs to see all the evidence so they know how to fight it. Show your lawyer the good, the bad, and the ugly. Don’t think you can hide anything from them. Everything will come out.

The worst place for your lawyer to discover incriminating information is the courtroom.

Don’t let the prosecutors pull the carpet out from underneath your attorney. Tell them everything they need to know ahead of time. Your lawyer has a duty to keep the information you tell them confidential, so there should be nothing stopping you from laying out the whole truth.

Agreeing to a Plea Deal Without Consulting Your Lawyer

A majority of cases end with a plea negotiation. Prosecutors offer the defendant a reduced sentence in exchange for a guilty plea. Three years for a white collar crime doesn’t seem too bad when you’re facing a 20-year sentence. Despite this, don’t hop onto a plea deal without talking to your lawyer first.

Remember, you are innocent until proven guilty. You have the chance to fight white collar crime charges and walk away from court without a conviction. Even if your lawyer does not think you have enough evidence to walk free, he or she will likely be able to get you a better deal than you are able to secure on your own.

Consenting to Unlawful Search and Seizure

Defendants are not the only people who make errors. Law enforcement can also make the mistake of searching for evidence without a warrant. This is one of the reasons why defendants should consider taking their case to court. If you do not consent to a search and seizure and law enforcement officials do have a warrant to conduct the search, then they cannot gather the evidence they need to arrest or incriminate you.

How do you know when law enforcement officials can and can’t search your person or property? Reach out to your lawyer. They will help you every step of the way and can give more information on how to behave during the investigation.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Just because a crime doesn’t involve violence, that doesn’t mean the penalties will be any less severe.

If you commit a white collar crime – a nonviolent, financially motivated crime such as fraud, embezzlement, bribery, money laundering, forgery, and others – you could be punished with a number of consequences, including:

• Expensive fines as high as $1 million for certain offenses such as bank fraud
• Lengthy prison sentences
• Restitution – paying back the money you appropriated for yourself to the rightful owner
• Asset forfeiture – giving up the stolen money or property
• House arrest
• Supervised probation or release

With such serious penalties, it’s important to hire an experienced Illinois white collar crimes attorney to have the best chance at defending your charges.

White collar crime investigations tend to be detailed and complex, often involving different law enforcement agencies. For this reason, it’s necessary to have a qualified lawyer by your side who not only understands the particulars of these specialized crimes but also knows the best strategies to utilize to defend them.

If you discover that you are under investigation for a white collar crime, make it a point not to disclose any information to anyone, including your spouse and other family members. If you did something wrong and you told another person, that information could later be used against you. Instead, find yourself a skilled lawyer whom you can trust, and then tell them everything you know.

Armed with this information and knowledge of the law, your lawyer will be able to defend you by potentially using one of these common white collar crime defense strategies.

Strategies a Skilled Criminal Lawyer May Be Able Use to Defend against White Collar Charges

Lack of intent. One of the cornerstones of white collar crimes is that the alleged offender’s actions were intentional. In other words, the offender knew what he or she was doing and it was not accidental.

It is the prosecution’s job to prove that you intended to deceive someone for financial gain. If your lawyer can prevent the prosecution from proving intent, then you can’t be found guilty of your offense.

Lack of knowledge. This defense strategy is similar to showing lack of intent. If you didn’t have knowledge that what you were doing was a criminal act, then you couldn’t have intended to commit the crime you are being accused of. Also, because white collar crimes might involve numerous parties and levels of deception, you might have been completely unaware of your part in any unlawful activities.

Entrapment. Entrapment is when a law enforcement official induces someone to commit a crime they otherwise would not have committed. For an entrapment defense to stick, along with an officer inducing the crime, the defendant had to lack the predisposition to engage in criminal conduct to begin with.

Duress. If you committed an unlawful act because you were under duress, you might be able to use that to your advantage. To successfully use a duress defense, you have to show four elements:

• There was a threat of serious bodily harm or death;
• The threat was imminent or immediate;
• The threat created reasonable fear in the defendant; and
• There weren’t reasonable means for the defendant to escape the threat except by committing the crime.

Only a Knowledgeable White Collar Crimes Attorney Can Help You Craft the Strongest Possible Defense

As mentioned above, white collar crimes can be complicated, which means defending them can also be complicated. Reach out to a knowledgeable Illinois white collar crimes attorney today to make defending your charges a little easier.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you live around Chicago’s Chinatown, you may have heard about the scandal involving the area’s famed chef, Tony Hu.

Before the FBI searched his restaurant and found evidence of him laundering money and cooking the books to avoid millions of dollars in taxes, Hu’s story was the classic tale of the American Dream. His recent sentencing, however, added an orange jumpsuit to his rags-to-riches story.

Who Really Is Tony Hu?

Hu grew up on a farm in the Sichuan Province of China with his family. He left in shame and came to America over 30 years ago after he didn’t do so well on a college entrance exam.

Since then, Hu has worked hard to build up a restaurant business that annually brings in over $40 million in sales and includes 11 restaurants in the greater Chicago area, one in Milford, Connecticut, and one in Las Vegas.

In November 2014, however, everything changed for Hu. FBI agents obtained search warrants for his restaurants and discovered that he had altered over $10 million worth of cash receipts to avoid paying high taxes.

Since 2009, investigators believe he committed tax evasion to the tune of over $1 million. The cash receipts and concealed fraud were hidden in over 100 garbage bags seized by investigators.

Hu was charged in May 2016 for wire fraud and money laundering. He pled guilty. Prosecutors asked that Hu be sentenced to over four years in prison, but his defense lawyer asked only for probation.

At Hu’s sentencing trial in mid-November, he received one year and one day in prison. (The one extra day allows him to qualify for good behavior time later.) He must also pay $100,000 in fines, and even more in court-ordered restitution. His jail sentence will begin in February.

Is Hu’s Money Laundering Sentence a Typical One in Illinois?

There are a few years difference in the amount of jail time the prosecution asked for and what Hu ultimately received. Is this typical for money laundering charges?

First, let’s talk about what it means to say someone is laundering money. Money laundering is the act of concealing any form of money to hide its original source. It is a white collar crime that consists not only of committing fraudulent acts or having fraudulent intentions, but also taking the time and effort to cover up this wrongdoing.

In Hu’s case, he committed money laundering when he began changing cash receipts and storing them in tucked-away boxes or trash bags.

When white collar crimes involve hiding money or taxes from the federal government, there is a very good chance that you will undergo a federal investigation and face federal charges. If this is the case, the evidence against you will be extensive, and the charges and penalties are incredibly serious.

Felony money laundering calls for over a year in prison and up to $500,000 in fines. That makes it seem like Hu’s deal is right in line with the average sentence. However, remember that he also pled guilty to wire fraud charges. When you consider both charges and the fact that he avoided over $1 million in taxes, one year in jail is a pretty light sentence.

That being said, Hu does have steep restitution requirements against him. So far, he has paid back over a million dollars, something that has forced him to shut down several restaurants. Moreover, if Hu is ever convicted of these charges again, he may be facing multiple years, or even decades, in prison.

If you have been charged with money laundering in Illinois or believe that you may be under investigation, it is imperative that you get on the phone with an experienced Chicago money laundering defense lawyer immediately. There are actions that can be taken to minimize the damage and possibly even stop the case before it really even starts, but you have to act fast.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

While they usually do not involve violence or serious bodily injury, white collar crimes are taken very seriously in Illinois and will often result in felony charges for the alleged offender.

Below we have briefly defined a few common white collar crimes that we see in Illinois, and the charges you may face for committing them. For more information on the penalties for different levels of felony charges, click here.

Theft: Any act of obtaining goods or services from someone else without their authorization is considered theft. Theft is a broad term, and can include acts like shoplifting (retail theft), robbery, burglary, and so on. Theft of just $300 is considered a felony in Illinois, and like many of the offenses we will describe below, the more goods or property you steal, the more serious your charge will be.

Identity Theft: This is a buzzworthy crime these days because of how easy it can be for someone to get ahold of your personal information. Identity theft is the unauthorized use of that information (name, address, social security number, license number, and so on) with the intention of fraudulently gaining goods and services, or to commit another felony.

Identity theft can be a precursor to a long list of white collar crimes, so its penalties have a wide range and primarily depend on different aggravating factors and the value of the goods that were obtained through the identity theft. The most “minor” identity theft (involving money or property valued at less than $300) is charged as a class 4 felony.

That’s right. You can face felony charges for taking less than $300 worth of property through identity theft.

If the property involved is valued between $300 and $10,000, it’s a class 3 felony – and the charges just go up from there. It only takes $100,000 worth of property or goods stolen through identity theft to elicit class X felony charges.

Credit Card Fraud: While you can be charged with fraud for unauthorized action with the intention of gaining goods and services, the most common form of fraud is credit card fraud. There are many ways use a credit card to commit fraud or identity theft. The most common method is using a stolen card to make unauthorized purchases. However, credit card theft can become more complicated (and involve far higher amounts) if more than one person is involved, such as in a large credit card fraud ring.

Committing credit card fraud can get you charged with a few different crimes, each with their own penalties:

• Use of a counterfeit, forged, expired, or unissued credit/debit card to gain at least $300 in a six-month period – Class 3 felony
• Use of a credit/debit card with intent to defraud – Class A misdemeanor
• Other forms of credit card fraud – Class 4 felony

Other types of fraud in Illinois include ATM fraud, wire or mail fraud, insurance fraud, and healthcare fraud.

Forgery: Forgery is changing or creating any document with the intention of defrauding another. This could range from signing a check under someone else’s name to using someone else’s PIN code.

Forgery of an academic degree or coin is a class A misdemeanor, and forgery that involves only one UPC label is a class 4 felony, but all other charges of forgery are class 3 felonies in Illinois.

Embezzlement: Embezzlement is an especially serious crime because it involves a person in a position of trust. It is the act of unlawfully obtaining goods or assets through the position of trust. For example, a fire chief steals money from the fire department for personal gain, or a school administrator exploits the district’s funds.

If you are charged with embezzling less than $500 worth of money or property and it is your first theft-related charge, you will be hit with a fine of $2,500 and may face up to one year in prison. If you have been convicted on theft-related charges before, you will be faced with Class 4 felony charges.

Embezzlement also depends on the money and property stolen: between $500 and $10,000 is a class 4 felony; $10,000-$100,000 is a class 3 felony; $100,000-$500,000 is a class 2 felony; $500,000-$1,000,000 is a class 1 felony; and embezzling more than $1,000,000 is a class X felony.

Bribery: Bribery is intending to influence the decisions or actions of public employees, judges, jurors, or witnesses through the promise of goods that the recipient cannot accept. Bribery is a class 2 felony in Illinois.

As you can see, it doesn’t take too much for a white collar crime to be considered a felony. And since many of these crimes are similar, you are more likely to face counts of not just one white collar crime, but two, three, or more. If you have been accused of any white collar crime, get in contact with an Illinois criminal defense lawyer today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Many people don’t necessarily think of white collar crimes as serious because they don’t involve violence. But white collar crimes are serious, and in the state of Illinois they can carry serious penalties.

What constitutes a white collar crime in our state? Essentially, these types of crimes involve money – someone getting rich off of someone else’s money – and white collar criminals are often glorified and become notorious for their escapades, despite having to spend years in prison and pay expensive fines. Even though these criminals might seem to be heroes, don’t let that fool you. A crime is a crime. And a conviction can ruin your life.

If you have been charged and are having trouble understanding the nature of your white collar offense, it can help to take a look at some famous white collar cases that may reflect your charge. Let’s look at three notorious white collar criminals and see how they relate to crimes under Illinois law today.

1. Charles Ponzi. Even though you may not have heard of Charles Ponzi, you most likely have heard of the “Ponzi scheme.” During the 1920s, Ponzi obtained a number of investments to buy cheap postage coupons, then continued to get more investments and investors. The original investors were paid back by money from the second round of investors instead of being paid back on returns, and the Ponzi scheme was invented! Did I forget to mention Ponzi kept $20 million for himself? He was eventually caught, spent years in jail, and died penniless.

Under Illinois law, Ponzi schemes are commonly referred to as “pyramid schemes” and they are illegal. It’s a Class A misdemeanor – punishable by one year in prison and a $1,000 fine – for anyone to knowingly sell, offer to sell, or attempt to sell the right to participate in a pyramid sales scheme. On top of that, you can also be subject to a $50,000 fine for being in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.

2. Bernie Madoff. Bernie Madoff was obviously inspired by Charles Ponzi, because he used a Ponzi scheme to acquire almost $800 million! Madoff started to get money from investors, promising them considerable future returns, in the 1970s. However, instead of actually investing their money, Madoff deposited the money into his own bank account. In the early 2000s, Madoff couldn’t pay back his investors, the money was starting to dwindle, and authorities started an investigation. He was found guilty of 11 charges and will be spending 150 years in prison.

As we’ve already discussed, Ponzi schemes are illegal, but Madoff’s use of the Ponzi scheme shows that when someone wrongfully acquires an excessive amount of money, that person will end up spending an excessive amount of time in jail. Being involved in a Ponzi scheme may be a misdemeanor, but creating a Ponzi scheme is a different story.

3. Enron. Enron is notorious for their white collar crimes. It was the seventh largest company in the United States at one point, but definitely reached that distinction illegally. Enron fabricated profits, used deceptive accounting practices, and hid millions of dollars of debt from investors and the overall market.

In 2001, their lies were revealed when they were billions of dollars in debt. Enron executives stole millions of dollars while their stock fell to less than 70 cents a share, which bankrupted their shareholders and investors. Many high level employees served prison time, but Enron’s founder died before he could serve his 45-year prison term.

Enron committed financial fraud – including accounting fraud, wire fraud, securities fraud, mail fraud, money laundering, insider trading, and conspiracy – all of which are illegal under Illinois law. Companies have to be transparent with their investors and do everything by the book.

A conviction for any of these crimes will result in fines, jail time, and irreparable damage to your reputation. But a charge is not a conviction, and working with a knowledgeable Chicago white collar crimes lawyer gives you the best possible chance at a positive outcome.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

However, it’s important to remember that you bear the responsibility for the accuracy of all entries made on your tax return, whether the return is prepared by you or a tax preparing service. That’s why it’s so important to be incredibly careful and report all of your information accurately when filing your tax return if you want to avoid being charged with tax evasion.

What is Tax Evasion?

Tax evasion is a subset of tax fraud, occurring when an individual or company intentionally underpays taxes through deceit or fraud. To qualify as tax evasion, your actions must have been made with the deliberate purpose of defrauding the government out of tax revenue or hiding your assets.

Below, we’ve listed some of the most common criminal activities that could result in a tax evasion or tax fraud charge.

Concealing income. If you knowingly omit or understate any income, you could be charged with tax evasion. For instance, if you are a landlord who doesn’t report all of the rent payments from your tenants, this could be considered fraudulent behavior if you do so with the intention of avoiding having to pay taxes on these payments.

Claiming false or inflated deductions. This could include wildly overstating business expenses or claiming a major deduction from a charitable donation you did not actually make.

Claiming personal expenses as business expenses. If you use a car or computer for both personal and business purposes, you cannot claim these items as business expenses. Doing so could result in a tax evasion charge if you are audited.

Concealment of taxable assets. Examples of this type of tax evasion includes concealing funds in a bank account, knowingly neglecting to report income made overseas, or attempting to disguise the substance of income in the form of a trust.

Accounting irregularities. You can be charged with this type of tax evasion if you fail to keep adequate records, or if there is an inconsistency with the profits reported on your financial statements and the amount you reported on your return.

Tax Evasion Defense

The penalties for tax evasion and fraud are severe, and may include prison sentences and heavy fines, as well as a permanent criminal record. Being targeted in a tax fraud case is one of the most stressful and frightening experiences anyone can go through.

However, in order to be convicted of tax fraud, the prosecutor must demonstrate that you knowingly intended to defraud the government out of taxable revenue. If you can demonstrate that there is insufficient evidence of intent or purposefulness behind your actions, you may be able to avoid conviction.

If you are being audited, investigated, or charged with tax evasion or tax fraud, you’ll need the assistance of a seasoned criminal defense attorney with experience in white collar crimes. Tax evasion and fraud are serious crimes with harsh punishments, and you’ll need aggressive representation if you want to avoid prison time, fines, and probation. An attorney can provide you with guidance through this stressful process, help you determine the best possible defense for your unique case, and fight for your rights and freedom in court.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

“Cyber security” is the new buzzword sending millions of Americans into a panicked frenzy as they find themselves vulnerable to numerous attacks by cyber criminals. And with the forward march of digitalization over the last two decades cutting across all segments of society, hackers have their work cut out for them.

In the 21^st century America, “internet” is the name of our new addiction. Information-hungry, tech-savvy users are now empowered to capture, create, and spread content across a variety of mediums and industries, including entertainment, social interaction, education, communication, and even health care. Our tech-infused lives are nothing like they used to be: we now use phones to take pictures, iPods to listen to music, game consoles to entertain our friends; we read books on Kindles and transfer gigabytes of information per minute using USB technology. Modern advancements are making life easier, but they’re also rewiring our brains as they get us more and more hooked.

Expectedly, this full-blown digital revolution isn’t only affecting the average user. Every process, in every industry, across all segments of society – from automobiles to education and national security – is transformed in this massive shift towards paperless and wireless. Our banking systems, utilities, telecommunications, and national security have all moved online. An important and immediate effect? With all the information in the world at our fingertips, digitalization makes everyone powerful – the nature of authority is changing in a transparent world without barriers. Businesses, the media, or state institutions can no longer hide anything from the omnipresent eye of the public – or that of hackers’.

A report published last year internet security firm Symantec revealed that cybercrime – hacking, identity theft, cyber stalking, malicious software, child pornography and abuse – costs the world an estimated $113 billion per year. On average, American companies have to fork over $277 for every customer’s account put at risk by malicious attacks, cost much higher than that of information leaks caused by employee negligence or software failure. The number of victims is well into the hundreds of millions.

Spending More Money, a Viable Solution?

For the second year, the Ponemon Institute released an in-depth report titled 2013 Cost of Cyber Crime Study: United States that analyzes the costs associated with fighting computer criminal activity directed at individuals, the private business sector, and the national infrastructure. Here were some of the study highlights:

• Cybercrime continues to drain businesses’ resources. Researchers found that, in 2013, the 60 companies surveyed had an annual expense of $11.6 million per year, ranging between $1.3 million and almost $60 million. This is a 26 percent increase compared to last year’s figures, when the average annualized cost didn’t exceed $9 million.
• Cyberattacks are now a common sight. If, in 2012, the surveyed companies reported a total number of 102 successful attacks on average every week, in 2013, the number increased at 122.
• All industries are vulnerable to cybercrime, but not to the same extent. Companies in retail and consumer products spend far less on fighting computer crime compared to financial companies, defense, and utilities.
• The types of attacks that demand the biggest expenditures include web-based attacks and malicious software. Addressing these major problems efficiently, and mitigating costs would require organizations to implement intrusion prevention systems, risk management and compliance solutions, application security testing, enterprise governance, and others.

Clearly, cybersecurity is a real and pressing problem, threatening the entire world. And certain steps are already being made by the government to decrease the risks of attack and secure critical information. The question is, is this new war against computer crime turning into the expensive, ineffective, and resource-draining waste of time that was the war on drugs? Americans certainly aren’t looking forward to footing the bill of yet another utter failure that will result in billions of tax dollars wasted, overcrowding jails, and millions of lives destroyed.

Spending more money is a solution, according to research from Bloomberg, which estimates that businesses who want to increase their level of security must fork over 9 times more than what they’re currently spending on cyberattack prevention. That is, in order to prevent 95 percent of all attacks, companies will have to increase their budgets from $5.3 billion to $46.6 billion.

On the other hand, many experts believe that putting more money into strategies that aren’t currently working will not increase their efficiency in fighting cybercrime. And yet, many business managers still choose to invest in antivirus solutions that can barely detect malware and virus threats, out of fear of being held personally liable in the eventuality of a security breach.

Excessive Punishment for Hackers: History Repeating?

Take the case of Eric Wosol, the 38 year old man from Wisconsin who helped the notorious activist group Anonymous to overload Kochind.com’s server, and was given a two-year probation sentence and a $183,000 fine, even though he participated in the attack for no longer than 60 seconds. Or the high-profile case of Matthew Keys, a former social media editor at Reuters, who is accused of having turned the login information for the Tribune Company to the same Anonymous, which proceeded to make a prank and change one of the headlines to read “Pressure builds in House to elect CHIPPY 1337.” For this minor act of vandalism, Keys got indicted on three felony charges, and he’s looking at a sentence between 21 and 21 months in jail and possibly a huge fine.

Andrew Auernheimer will spend 41 months in federal prison for having found and exploited a minor AT&T flaw, while Aaron Schwartz will never see the light of day again, committing suicide after being sentenced to 35 years in jail for multiple violations of the Terms of Service agreement.

This trend is not new; excessive punishment was fairly common in the war on drugs. But according to Marvin Ammori from Wired, “We need to question whether locking people up for long periods of time — without addressing the root concerns about concentrated political power, civil liberties abuses, and transparency — will have the effect of deterrence or worse yet, a hardened cynicism that perpetuates the endless cycle of punishment. That’s true of even non-politically motivated cybercrime, or really, all crime … whether it involves a computer or not.”

Are We Winning or Losing the War?

The short answer is: we are definitely losing it. The Federal Bureau of Investigation appears to be overwhelmed by the craft and skills of tech-savvy hackers, according to former executive assistant director Shawn Henry, who was interviewed by the Wall Street Journal: “”I don’t see how we ever come out of this without changes in technology or changes in behavior, because with the status quo, it’s an unsustainable model. Unsustainable in that you never get ahead, never become secure, never have a reasonable expectation of privacy or security.”

More and more often are FBI agents encountering situations where the data breach had occurred months or even years before company executives learned about their security issues. Henry says most of them are shocked at the thought of having had all business operations fully exposed to ill-intended individuals. In the meantime, aside from the daily thousands of crashing websites and virus-infected networks, attacks are now the cause of 18 percent of U.S.-based data center outages. The average cost/outage is $630,000, and the crash can interfere with other vital services based there, such as telephone systems and industrial facilities.

Part of the reason why FBI is often overwhelmed by this disturbing trend is because the organization is outnumbered: there are too many hackers and too many access points to organizations and agencies the FBI wants to protect. On the other hand, the number of agents is not the only shortcoming. According to Reuters, attacks are becoming more commonplace than in past years and also much more sophisticated and targeted. Nowadays, it is not uncommon for wireless printers or smartphones to be “co-opted into attacks;” as they become ever more complex and frequent, cyberattacks are leaving automated detection systems far behind.

Ironically, the FBI is itself the target of cyber criminals: “Over more than a decade, the federal government has struggled to implement a mandate to protect its own IT systems from malicious attacks. As we move forward on this national strategy to boost the cybersecurity of our nation’s critical infrastructure, we cannot overlook the critical roles played by many government operations, and the dangerous vulnerabilities which persist in their information systems.”

The only way to save precious time and resources is for the government to learn from its own mistakes. Enforcing prohibition, excessive punishment, and the reckless wasting of tax dollars will not make our country more protected in the face of cyber criminals. Rather, efforts should continue to be focused on building a database with information of previous attacks (similar to a fingerprint repository) or updating the agency about data security breaches, thus keeping the “cyber panic” under control.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg,is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.

The sentences for individuals arrested and convicted of white-collar crimes are established using a particular set of rules in which points are added or eliminated depending on the various aspects of the defendant’s behavior and the crimes committed. In large part, the guidelines are driven by the amount of losses caused by the fraudulent activity, which can easily increase the punishment to what is given drug dealers and murderers. Although the sentencing guidelines are simply a recommendation, in most cases, judges try to maintain punishments within the recommended range, in order to avoid government appeals.

In one recent case,however, the difference between the sentencing recommendation and what prosecutors asked for was a startling 200 years! R. Allen Stanford, a Texas tycoon,found guilty of operating a multi-billion dollar Ponzi scheme and convicted on 13 counts of fraud and money laundering, was expecting to receive a sentence of 30 years to life in jail, according to the recommended guidelines (considering that his criminal activity affected thousands of victims throughout the United States and the Caribbean). Surprisingly, prosecutors asked for a sentence of 230 years in jail, arguing that the judge should impose separate sentences for each of the violations.

This case fits perfectly in the pattern of recent white-collar crimes where defendants received punishments that have put them in jail for the rest of their lives. Everything indicates that, at the moment, white-collar crimes are seen as economic homicide, hence the federal prosecutors’ asking for such harsh sentences. It is also a fact that, after the recession, many judges have changed their attitude towards white-collar defendants, looking at them,not as harmless criminals who pose no real danger to society, but as violent criminals who deserve to pay for their actions.

According to Jed Rakoff, a New York federal judge and a member of the ABA Task Force, “the guidelines should be scrapped in their entirety,” since determining sentences for fraud cases doesn’t “fairly convey the reality of the crime or the criminal.” The judge recommended replacing the current calculation system based on points with another one that gives the judge the liberty to use a wide range of factors, none of which would automatically increase the sentence.

The question “Are punishments for white-collar criminals too harsh or too lenient?” has no simple answer, because there is no appropriate way to determine the sentence for each defendant, especially for those committing financial crimes. It is true that the impact of such criminal activity is far broader than burglaries or property crimes, but it is also much more difficult to grasp – it is probably harder for a rape victim to get on with her life than for an investor who has lost money in a Ponzi scheme.

White-collar crimes are among the hardest to defend. If you are being investigated for fraud, money laundering, tax evasion, or some other type of financial crime, it is crucial to remain silent and get legal counsel from a white-collar crime attorney. Call 773.908.9811 24/7 or fill out our case review form immediately to start building your case and have your charges reduced to the minimum.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisbergis a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.

According to a Forbes article, “the amount of court-issued warrants surging from 1,190 in 2000 to 3,194 in 2010 – a nearly 200% increase.” And if most of the times its use is still reserved to fight violent and organized crime, wiretapping has become a potent tool in high-profile white-collar crimes, as well.

Photo Source: http://media.npr.org/assets/img/2011/05/11/raj-318e4d07fe81a93b1bcf52479803127c3cc2ed45-s40-c85.jpg

Wiretaps played a crucial role in the most famous white-collar case of recent years, leading to the conviction of Galleon Group LLC co-founder Raj Rajaratnam in 2011 for conspiracy and security fraud. Prosecutors alleged the billionaire investor had several ‘corporate tipsters’ that provided him insider information – used to make what seemed at the time extremely inspired business investments – and built their case on a series of telephone conversations recorded over the course of 9 months in 2008.

There were three major conversations that sealed the trader’s fate. First one records a discussion between Rajaratnam and Rajiv Goel, a former Intel representative, about trading shares of People Support, about which he knows exactly when the price will go up, based on a tip from an inside man. The second conversation is between Raj and a former McKinsey executive about an AMD deal, ended with the latter encouraging Raj to buy up the stocks as soon as possible. On the last recording, Raj is discussing with one of his former partners at Galleon, Adam Smith, about a company named Vishay.

All recorded conversations between Rajaratnam and his informants, 45 in all, were essential to his conviction on 14 counts of securities fraud and conspiracy. On October 13, 2011, he was sentenced to 11 years in prison and fined over $150 million in criminal and civil penalties, the harshest-ever punishment imposed in a white-collar case.

Is Wiretapping Necessary?

According to the federal Wiretap Act, investigators must resort to wiretapping only if conventional investigative techniques prove unfruitful – they must demonstrate exactly how other procedures have failed or would have been too dangerous in those circumstances. The law was recently updated in order to “minimize the interception of communications not otherwise subject to interceptions” and limit unnecessary intrusion into the suspect’s privacy.

Wiretapping is particularly important as part of investigators’ toolbox when the phone is regularly used to conduct criminal activities currently under investigation. Especially when it comes to organized crime and drug-related cases, there are few conventional alternatives for proving offenses, and prosecutors have no trouble showing that wiretapping was indeed needed. In white-collar crime cases, however, especially high-profile ones, regulatory agencies may claim prosecutors are acting with ‘reckless disregard’ of the defendant’s privacy rights and question the legality of wiretaps.

Charges for white-collar crimes are serious criminal accusations that should not be taken lightly. If you have been requested to appear before a Grand Jury in relation to an investigation into such criminal offenses, the experience and talent of a criminal defense lawyer can prove extremely valuable in preparing your case for the proceeding. Call Mr. Weisberg cell phone 24/7 at 773-908-9811 or text ‘LAWYER’ to 25827 to receive a call back.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisbergis a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.