Category Archives: White Collar Crimes

Illinois white collar crime defense lawyerAs most people understand it, the term “white collar job” refers to a specific subset of occupations. These are the jobs that typically require individuals to attain college degrees, and sometimes advanced degrees, to perform. White collar crimes are no different. These are offenses that not just anybody can commit, because not everyone has the specialized knowledge or professional access to information or funds to commit these offenses. White collar crimes can go unnoticed for months, or even years, because they often do not leave victims physically harmed or create a commotion around sudden, violent actions. This does not mean they are any less serious than other types of charges.

Defining White Collar Crimes

There are two factors that separate a white collar crime from other types of crimes: who commits the crime and how he or she commits it. In order to commit a white collar crime, an individual must typically be in a professional or governmental position to access certain funds and information. For example, a financial advisor might lie about how he or she invested a client’s money or about the investments’ returns, taking a cut for him- or herself. Making personal purchases with corporate or government accounts is another type of white collar crime.

A white collar crime is not a violent crime or one that can be detected immediately. Instead, white collar crimes are defined by how the funds or critical information used to commit an offense are accessed. In most cases, individuals who are charged with white collar crimes have authorized access to the information they use, like clients’ bank account numbers and social security numbers. Identity theft, the act of stealing this type of information, may be deemed a white collar crime in certain instances.

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Criminal Penalties for Stolen Identity Tax Return FraudIdentity theft used to commit tax fraud is a serious criminal offense. It involves the process of stealing a person’s Social Security number and filing a tax return to the Internal Revenue Service (IRS) and cashing the proceeds. Billions of dollars are lost every year in this process, and the federal government has taken actions to strengthen security and go after offenders with heavy criminal sentences. If you have been charged with identity theft used to file a fraudulent tax return, your future and freedom are at stake, even if you did not commit the crime or know that your actions were in violation of the law. Do not wait any longer to reach out for legal assistance. Call our experienced Naperville fraud defense attorneys for help today.

The Federal Government Cracks Down on Stolen Identity Refund Fraud Offenders

The United States Department of Justice (DOJ) does not look lightly upon those who have in any way violated the laws of the IRS. In fact, according to the DOJ, “One of the Tax Division’s highest priorities is prosecuting people who use stolen identities to steal money from the United States Treasury by filing fake tax returns that claim tax refunds. Working to stop Stolen Identity Refund Fraud, or SIRF is vital because these schemes threaten to disrupt the orderly administration of the income tax system for hundreds of thousands of law abiding taxpayers and have cost the United States Treasury billions of dollars.” In fact, in 2013 the IRS found that $30 billion in total was stolen. However, 81 percent of those fraudulent claims were stopped or recovered, meaning that the chances of being caught for refund fraud are high.

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Embezzlement, Theft, and Illinois LawThe Daily Herald recently reported that the last of four suburban Chicago residents who devised a multi-million dollar embezzlement scheme involving a Chicago law firm has pleaded guilty to theft. Deborah Acuna, 63, of Oak Brook, received a 10-month jail sentence, 18 months of probation, and an order to pay restitution in the amount of $175,000. This illustrates the potentially severe sentence that an individual can receive if convicted of theft or embezzlement under Illinois law.

Four Sentenced for Embezzling Six Million Dollars from Chicago Law Firm

Acuna and her sister, Patricia Lapinski, founded DAS Designs, a business that provided furniture for the Vedder Price law firm, where Lapinski worked as office manager. The two sisters conspired with a North Aurora floor company manager and a Frankfort furniture repair company owner to create phony invoices for the law firm to pay DAS over six million dollars, including one million dollars in services and goods that DAS never provided. The four individuals then used the proceeds to finance homes, vacations, and other items of property.

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b2ap3_thumbnail_sales-tax-evasion.jpgA DuPage County man was recently indicted on theft and tax fraud charges for allegedly stealing over $391,000. The man, who managed a tobacco shop in Glendale Heights, is alleged to have understated his sales tax liability by filing fraudulent sales tax returns between August 2011 and July 2014. He has been charged with theft of government property, sales tax evasion, filing a fraudulent sales tax return, and wire fraud.

Sales Tax

When consumers buy products or services in Illinois, they owe sales tax to the state government. Instead of requiring consumers to track their purchases and pay sales tax directly to the Illinois Department of Revenue, sellers generally collect the tax and hold it in trust for the state. The seller must then pay the money to the state, generally on a monthly basis. If the seller does not pay the sales tax to the state, it is a criminal offense.

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embezzlementEmbezzlement is a crime we often hear about in the news in relation to higher-up business people and politicians, but not many people are aware of what it actually means. Because it is more common amongst people outside of the everyday average Joe, we tend to detach ourselves from it. However, this does not mean that you should not familiarize yourself with it, for there is no telling where your life will take you.

By definition, embezzlement is the “fraudulent conversion of another’s property by a person who is in a position of trust, such as an agent or employee.” Often compared to the act of swindling, embezzlement differs from swindling because swindling involves wrongfully obtaining property by a false pretense (a lie or a trick, for example) at the time the property is transferred. To break it down a little more, embezzlement is a type of property theft. The person who commits embezzlement is somebody who is entrusted to manage or monitor someone else’s money or property. Referred to as a defendant, this person has legal access to another person’s money or property but does not have legal ownership of it. Embezzlement is unique in that the defendant has both committed theft and has violated a special position of trust. Here in Illinois, embezzlement is generally punished based on the value or type of property that has been stolen. Punishments are as follows:

  • $500 or less: up to $2,500 in fines, up to one year in jail, or both;
  • Over $500 but under $10,00: up to $25,000 in fines, two to five years in jail, or both;
  • Over $10,000 but under $100,000: up to $25,00 in fines, three to seven years in jail, or both;
  • Over $100,000 but under $500,000: up to $25,000 in fines, six to 30 years in jail, or both;
  • Over $500,000 but under $1,000,000: up to $25,000 in fines, four to 15 years in jail (without possibility of parole and probation), or both;
  • Over $1,000,000: up to $25,000 in fines, six to 30 years in jail, or both.

If you or somebody you know has been charged with embezzlement, you do not have to face it alone. Contact an experienced Illinois criminal attorney to assist you.  

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