“White collar” crimes involve various types of fraud and theft within business and government sectors — insurance fraud, identity theft, tax evasion, insider trading, bribery, etc. The main objective of the criminals in these cases is non-violent, personal financial gain, concealing their crimes from the public and usually severely damaging their employer. White collar or financial crimes are taken very seriously in Wisconsin. Being charged with any financial crime can destroy a person’s credit score or entire business. These crimes often require a lengthy, detailed investigation. The penalties for white collar crimes are severe, so it’s critical that your lawyer has extensive knowledge about the proper defense strategies. Here are the top three most popular crimes in Wisconsin. EmbezzlementEmbezzlement is theft or misappropriation of funds placed in one’s trust or belonging to one’s employer. We, as a society, usually associate embezzlement with wealthy individuals in aristocracy that illegally game the stock market or steal from their own business and investors. But it actually pertains to much, much more. In Wisconsin, embezzlement is categorized as a type of ‘larceny’. The requirements to call a crime embezzlement specifically are:
- The offender must be an employee of the affected business
- The offending employee does not have permission to appropriate the misappropriated assets
- The employee has legal access/holds a position of power over the stolen assets
By this definition, somebody that sells the company car without permission is actually embezzlement. It can even pertain to retail employees slipping money from the cash register into their own pockets — however, it only becomes a felony when the amount stolen exceeds $2,500.If you’re interested in learning more about embezzlement in Wisconsin, click out our other blog about it. Cyber CrimesComputer Crimes defines a broad spectrum of offenses. Computer crimes, sometimes referred to as cyber crime, is the act of knowing and willingly stealing a company’s or individuals private information. Some of the typical crimes include:
- Implanting a virus or other contaminant into a computer
- Gaining admittance to systems that you are not authorized to access
- Cyberbullying — yes, this is a crime!
- Modifying or managing programs of data
- Using encryption in the commission of another crime
- Using a computer to defraud
In order to prosecute, it must be proven that the alleged offender acted was willfully and knowingly. Offenses against computers, data and programs carry class Amisdemeanor penalties, but a cyber crime turns into a felony if:
- Offenses against computer data is used to defraud or obtain property
- If the crime deals damage greater than $2,500 or if it impairs government operations
- If it poses risk of death or harm to any individual
In 2014, Wisconsin ranked 22nd in the nation for internet crime complaints according to Ready Wisconsin. Wisconsin also ranked 20th in the nation on money lost to internet crimes — reported losses totaled $9,235,027.Tax EvasionTax Evasion, also referred to as tax fraud, is intentionally failing to pay your taxes. Tax evasion is commonly associated with income taxes, but businesses can fail to report state sales taxes and employment taxes. Actually, tax evasion can occur on all types of taxes a business is required to pay. Some of these taxes include: property taxes, excise taxes on use or consumption, gross receipts tax and franchise taxes. According to the Wisconsin Department of Revenue, it is:”required to post information about delinquent taxpayers on the Internet if they owe: more than $25,000, including tax, interest, penalty, fees, and costs, and the amount is unpaid more than 90 days after all appeal rights have expired. The 2007 Wisconsin Act 20 expanded individuals qualified for Internet posting. On January 4, 2008 the delinquent taxpayer list was updated to include delinquent taxpayers who owe: more than $5,000, including tax, interest, penalty, fees, and costs, and the amount is unpaid more than 90 days after all appeal rights have expired.”You really don’t want to be on that list! If you have been accused of any of the above crimes, it’s important to know your rights, as they can carry heavy penalties if the crime is severe enough. Contact us to speak with experienced defense attorneys that will defend your rights and ensure your needs are met.