White collar crime is a nonviolent criminal offense that is typically motivated by financial gain. Many white collar crimes arise during business transactions, such as when an employee forges their supervisor’s signature or embezzles money from their employer.
Prosecutors can charge corporations, business entities, or individuals with various white collar crimes in Mississippi. District attorneys can dedicate extensive resources to white collar crime investigations, leaving the accused at a significant disadvantage. The best way to protect your rights is by hiring a white collar crime defense lawyer to defend your case. Our team at Smith & Holder, PLLC, will do our own investigation into the white collar crime accusations and locate any evidence that exonerates you. Contact our office today to schedule a consultation with a white collar criminal defense lawyer.
Overview of White Collar Crimes in Biloxi, MS
When someone mentions white collar crime, people automatically think of highly publicized scenarios like large-scale ponzi schemes or stock market fraud. However, several different white collar offenses carry relatively minor penalties and involve regular, everyday people. The team at our white collar crime defense firm provided explanations for offenses defined in Mississippi.
Computer Fraud
Computer fraud is defined as accessing any computer, computer system, computer network, or any part thereof with the intent to:
- Obtain money, property, or services by using false or fraudulent conduct, practices, or representations; or through false or fraudulent alteration, deletion, or insertion of programs or data;
- Commit fraud; or
- Insert, attach, or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system or computer network.
The penalties for computer fraud depend on the monetary value of the loss suffered during the crime. Losses valued at less than $1,000 are punishable by up to six months in jail and a fine of up to $1,000. Losses valued at more than $1,000 but less than $5,000 are punishable by up to five years in prison and a fine of up to $10,000.
Identity Theft
In Mississippi, identity theft is defined as obtaining or attempting to obtain personal identity information of another person with the intent to unlawfully use that information to:
- Purchase or lease real or personal property;
- Obtain employment;
- Obtain financial credit;
- Commit any illegal act; or
- Access another person’s medical records or information.
Identity theft is punishable by two to 15 years in prison and a fine of up to $10,000. The judge or jury considers factors about the alleged offender’s background and circumstances of their offense to decide the precise penalty.
Credit Card Forgery
Mississippi defines credit card forgery as when a person falsely makes, alters, or embosses a card purporting to be a credit card with intent to defraud a purported cardholder, issuer, or person providing money, goods, property, services, or anything else of value. Forgery is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000.
Additionally, it is illegal to make false statements about your identity in order to procure the issuance of a credit card. This offense is also a misdemeanor.
Embezzlement
Mississippi defines embezzlement as fraudulently concealing, secreting, or converting for personal use, any goods, rights of action, money, or other property they were entrusted with due to their office, position, or place of employment. At its core, embezzlement is a form of theft that was only possible because the accused had access to the stolen property through their position.
If the embezzled property is worth under $1,000, the charge is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000. If the embezzled property is worth more than $1,000 but less than $5,000, the charge is a felony punishable by up to five years in prison and a fine of up to $5,000. If the embezzled property was worth more than $5,000 but less than $25,000, the charge is a felony punishable by up to ten years in prison and a fine of up to $25,000. If the property embezzled is worth more than $25,000, the charge is a felony punishable by up to twenty years in prison and a fine of up to $25,000.
False Impersonation to Receive Money or Property
In Mississippi, an individual cannot impersonate or falsely represent themselves as another person to receive money or valuable property on their behalf. False impersonation is punishable to the same extent and in the same manner as theft of the property or funds they obtained through their alleged criminal act.
How Can a White Collar Criminal Defense Attorney Help My Case?
Once you discover charges filed against you, contact a white collar crime attorney immediately to review the details of your case. An experienced lawyer can offer benefits to your case, such as:
- Negotiating with the prosecutor to lessen or dismiss your charges,
- Interviewing potential witnesses,
- Preparing witnesses to testify on your behalf,
- Preparing a valid legal defense for your case,
- Explaining your charges, and
- Take your case to trial, if necessary.
The prosecutor’s office will utilize extensive resources and time to secure a conviction. Hire a white collar crime attorney to level the playing field and increase your chance of a positive outcome.
Contact a White Collar Crime Defense Attorney at Smith & Holder, PLLC
A white collar crime lawyer at Smith & Holder, PLLC, can help you review the details of your case to determine whether a legal defense applies. Our attorneys pursue every opportunity to protect our clients from a conviction.
One of our founding attorneys, Chris Smith, has prior experience as a prosecutor and possesses excessive courtroom experience. He can explain your charges and the penalties each charge carries. Contact an attorney at Smith & Holder, PLLC, to schedule an appointment.
