Harrisburg White Collar Crimes Attorney
What is a White Collar Crime?
White collar crimes encompass a variety of illegal or suspicious activity for the purpose of financial gain. The penalties for white collar crime convictions can be severe, so it is important that you contact a defense attorney immediately if you have been charged with a white collar offense. Attorney Elisabeth K. H. Pasqualini takes an aggressive approach to every case and can fight fearlessly for you in court. You deserve an attorney who knows how to win, and you can trust Attorney Pasqualini to argue for minimum penalties against an unfair charge.
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What are the Types of White Collar Crimes?
Embezzlement is one of the activities that Pennsylvania may prosecute as a theft, which is the taking or withholding of another person's property without the owner's consent. To prove embezzlement, a prosecutor must show that you:
- Obtained the victim's property through an agreement or as part of your fiduciary duties
- Intentionally failed to perform the agreed-upon services and treated the entrusted property as your own
In most embezzlement cases, the victim has entrusted the property to the defendant for a specific purpose, such as entrusting money to them for the purpose of investment or financial management.
The potential sentence for embezzlement often depends on the value or type of property involved in the theft. For example, theft of property valued at $2,000 or more is usually considered a third degree felony punishable by up to 7 years in prison.
Embezzlement of lesser-valued property may result in misdemeanor charges. For example, theft of property valued at less than $50, between $50 and $200, and between $200 and $2,000 is charged as a third degree misdemeanor, second degree misdemeanor, and first degree misdemeanor, respectively. Be aware that the potential maximum sentence ranges from 1 to 5 years of imprisonment.
Ponzi Schemes and Pyramid Schemes
Pennsylvania’s Unfair Trade Practices and Consumer Protection Law penalizes pyramid schemes, and Pennsylvania’s fraud and white collar crime laws criminalize Ponzi schemes. A pyramid scheme is a plan where a person pays money or some other financial benefit for the chance or opportunity to receive compensation, and a cycle continues as people grow from the pyramid requesting money to be collected but receiving none of the returns.
Pyramids schemes that require more than $25 as an “investment” are illegal in Pennsylvania, and violators are subject to:
- Prison or county jail
- Restitution to victim
- Community service
- Injunction/restraining order
- Revocation of business license
- Freezing of business assets
A Ponzi scheme is a fraudulent plan where newer contributions are used to pay early members to make it appear as though there are major earnings, falsely luring small investors into large risks. Ponzi schemes are generally prosecuted as federal crimes but can be prosecuted as state crimes under fraud.
In Pennsylvania, a person is guilty of insurance fraud if they act "with the intent to defraud" another person, whether it be an agency, insurer, or self-insured individual. More specifically, you commit insurance fraud by:
- Knowingly and intentionally supplying false, incomplete, or misleading information concerning any fact material to your claim
- Knowingly engaging in unlicensed agent, broker, or unauthorized-insurer activities with the intent to defraud an insurer, a self-insured or the public
- Knowingly benefiting, directly or indirectly, from the proceeds derived from an insurance fraud violation due to the assistance, conspiracy, or urging of any person.
Most insurance fraud offenses are felonies of the third degree punishable by up to 7 years in prison and/or a fine of up to $15,000. A conviction for a misdemeanor of the first degree, on the other hand, is generally subject to a less severe sentence of up to 5 years in prison and/or a fine of up to $10,000.
Depending on your case, you might also be subject to civil penalties of up to $5,000 for the first violation, $10,000 for the second violation, and $15,000 for subsequent violations, paid to the prosecuting authority, who may also be awarded court costs and reasonable attorney fees.
Charged with a White Collar Crime?
White collar crime charges can be complex to navigate, as even the smallest financial detail of your situation may influence the severity of your case. An experienced theft and white collar crimes attorney at EKHP Law, LLC can help defend your case in court and fight aggressively for minimum penalties.
Contact EKHP Law, LLC today at (717) 674-2811 to schedule your free consultation.
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Vigilance & Determination
Attorney Pasqualini is fiercely passionate and will always exercise her due diligence when fighting for clients.
Honor & Respect
We are all accountable and equal under the rule of law and Attorney Pasqualini will always conduct herself with integrity and honesty.
Attorney Pasqualini is very attentive and conscientious of her clients' time and needs.
Strong Litigation Experience
Attorney Pasqualini will always stand up and fight assertively for her clients in the courtroom.