White Collar Crime Criminal Defense Attorneys in Michigan

If you’re accused of a white collar crime in Michigan, George Law experienced white collar crime lawyers are here to help. We provide skilled legal representation for both state and federal fraud cases, offering guidance and support throughout the process. We’ll take the time to understand your situation, build a strong defense strategy, and work hard to pursue the best outcome to your case. For assistance, you can contact us at (248) 247-7459 or online.

In Michigan, white collar crimes are taken very seriously, with both state and federal governments actively investigating and prosecuting these offenses. These crimes range from misdemeanors to felonies, where felonies result in more severe consequences. Below, George Law explains what you need to know about white collar crimes in Michigan, including the nature of the charges, associated penalties, possible alternatives to imprisonment, how to defend against the state’s accusations, and why retaining a white collar crime lawyer is so important.

Specific White Collar Crimes in Michigan

Malicious Threats to Extort Money – MCL Section 750.213

According to Section 750.213, malicious threats to extort money means threatening, either verbally or in writing, to accuse another person of a crime or to harm them or their close family members with the intent to extort money or gain any financial benefit. In Michigan, this offense is classified as a felony. If convicted, the penalty includes imprisonment for up to 20 years in state prison or a fine of up to $10,000.

Larceny – MCL Section 750.356

Larceny, under Section 750.356, involves the act of stealing property, including money or documents, belonging to someone else. The severity and classification of this offense, and consequently the penalty, depend on the value of the property stolen. For property valued at $20,000 or more, or with certain prior convictions, larceny is a felony punishable by up to 10 years in prison or a fine up to $15,000, or three times the value of the stolen property, whichever is greater. If the value is between $1,000 and $20,000, or with a prior conviction, it is also a felony, but with a maximum of 5 years imprisonment or a $10,000 fine, or three times the value. For stolen property valued between $200 and $1,000, or with a prior conviction, it’s a misdemeanor with up to 1 year in jail or a $2,000 fine, or three times the value. If the value is less than $200, it’s a misdemeanor with up to 93 days in jail or a $500 fine, or three times the value.

Embezzlement – MCL Section 750.174

Embezzlement, as defined in Section 750.174, occurs when a person in a position of trust, such as an agent, employee, trustee, or custodian, fraudulently takes or uses for their own benefit the money or property entrusted to them by another. The classification and penalty for embezzlement depend on the value of the embezzled property. For property valued under $200, it’s a misdemeanor that is punishable by up to 93 days in jail or a $500 fine, or three times the property’s value. The offense escalates to a felony with higher penalties as the value increases: for property valued between $1,000 and $20,000, the punishment is up to 5 years in prison or a $10,000 fine; for $20,000 to $50,000, it’s up to 10 years or a $15,000 fine; and for over $100,000, the penalty can be up to 20 years in prison or a $50,000 fine. Enhanced sentences are possible for repeat offenders or if the victim is a nonprofit or a vulnerable person.

Defrauding a Vulnerable Adult – MCL Section 750.174a

Defrauding a vulnerable adult, as outlined in Section 750.174a of the Michigan Penal Code, is a crime where a person uses fraud, deceit, misrepresentation, coercion, or unjust enrichment to obtain or use a vulnerable adult’s money or property for their own benefit. The severity of this offense and the corresponding penalties are determined by the value of the money or property involved. If the value is less than $200, it is a misdemeanor that is punishable by up to 93 days in jail or a fine of $500 or three times the value of the money or property. For values between $1,000 and $20,000, it is a felony punishable by up to 5 years in prison or a $10,000 fine. The penalties increase with the value of the property, reaching up to 20 years in prison or a $50,000 fine for values of $100,000 or more.

Identity Theft – MCL Section 445.65

Under Sections 445.65 (Identity Theft Protection Act), identity theft involves the unauthorized use of another person’s personal identifying information to commit fraud or other illegal activities. This includes obtaining or attempting to obtain credit, goods, services, money, property, or other benefits by using someone else’s identity or personal details. The offense also covers unauthorized possession or sale of confidential records, creating fake emails or websites to gather personal information, and any related fraudulent activities. Identity theft is classified as a felony under Michigan law. The penalty for a first offense includes imprisonment for up to 5 years or a fine of up to $25,000. For a second violation, the penalty increases to imprisonment for up to 10 years or a fine of up to $50,000. A third or subsequent violation can result in imprisonment for up to 15 years or a fine of up to $75,000.

Insurance Fraud – MCL Section 500.4511

Insurance fraud, under Section 500.4511, involves knowingly committing acts such as presenting false information to an insurer for claims, applications, or other insurance-related transactions, with an intent to defraud. This includes a wide range of deceptive practices, like making false statements on insurance applications, submitting fraudulent claims, or conspiring to commit such acts. Under Michigan law, committing insurance fraud is a felony. The penalty for this offense includes imprisonment for up to 4 years or a fine of up to $50,000, or both. Additionally, the offender is required to pay restitution. If a person conspires or agrees to commit insurance fraud, the punishment is more severe, with potential imprisonment for up to 10 years or a fine of up to $50,000, or both, along with mandatory restitution. 

Fraudulent Access to Computers – MCL Section 752.494

Fraudulent access to computers, as outlined in Section 752.494, is the intentional unauthorized access or causing access to a computer program, computer, system, or network with the intent to defraud, or to obtain money, property, or services by false pretenses. The classification and penalty for this offense depend on the aggregate amount involved. For amounts less than $200, it is a misdemeanor that is punishable by up to 93 days in jail or a fine of up to $500 or three times the aggregate amount. For amounts between $200 and $1,000, or with a prior conviction, the crime is a misdemeanor with a penalty of up to 1 year in jail or a fine of up to $2,000 or three times the aggregate amount. For amounts between $1,000 and $20,000, or with two prior convictions, it becomes a felony punishable by up to 5 years in prison or a fine of up to $10,000 or three times the aggregate amount. For amounts over $20,000 or with three or more prior convictions, the felony is punishable by up to 10 years in prison and larger fines.

Mortgage Fraud – MCL Section 750.219d

Mortgage fraud, according to Michigan’s Section 750.219d, is the act of knowingly engaging in fraudulent behavior with the intent to defraud during the mortgage lending process. This includes making false statements or misrepresentations, using false pretenses, receiving proceeds known to be from a violation, and various other fraudulent activities related to mortgage transactions. The offense is classified as a felony. The penalty for committing mortgage fraud varies: for most violations, it includes imprisonment for up to 15 years or a fine of up to $100,000, or both; for violations involving loans over $100,000, the penalty increases to imprisonment for up to 20 years or a fine of up to $500,000, or both.

Credit Card Theft – MCL Section 750.17n

Under Michigan Penal Code Section 750.157n, credit card theft involves the unlawful taking, stealing, or possession of a financial transaction device, including credit cards, without the consent of the card holder. This offense, according to the law, is classified as a felony. Conviction for stealing, taking, or removing a financial transaction device, or possessing a fraudulent or altered device, results in felony charges.

Credit Card Fraud – MCL Section 750.17w

Credit Card Fraud under Section 750.157w of the Michigan Penal Code involves the intentional use of a financial transaction device to withdraw or transfer funds from an account in violation of the agreed contractual limitations. This offense varies in classification and penalty based on the amount involved and the offender’s prior convictions. For amounts less than $200, it is a misdemeanor with a maximum penalty of 93 days in jail, a $500 fine, or both. For amounts between $200 and $1,000, or if the offender has prior convictions, it is also a misdemeanor but with up to one year in jail and a $2,000 fine. For amounts between $1,000 and $20,000, or with certain prior convictions, it becomes a felony, punishable by up to 5 years in prison and a $10,000 fine. If over $20,000 is involved, the felony charge can lead to 10 years in prison and a $15,000 fine.

Michigan Tax Fraud / Tax Evasion – MCL Section 205.27

Michigan Tax Fraud And Evasion, as detailed in Section 205.27, encompasses offenses such as failing to file or make tax payments on time, making false or fraudulent tax returns or statements, aiding another person in evading taxes, and submitting false claims for tax credits or refunds. The law classifies intentional tax fraud and aiding in tax evasion as a felony, punishable by fines of up to $5,000, imprisonment for up to 5 years, or both. Making knowingly false statements in tax matters is considered perjury under Michigan law. Other violations that do not involve intentional fraud are treated as misdemeanors, subject to fines of up to $1,000, imprisonment for up to 1 year, or both.

Federal Tax Evasion – 26 USC § 7201

Federal tax evasion, as defined in 26 USC § 7201, is an offense that occurs when an individual or corporation willfully attempts to evade any tax imposed or its payment. The key element of this crime is the willful intent to avoid paying taxes that are legally due. The consequences for committing federal tax evasion are severe: individuals can face a fine of up to $100,000, while corporations may be fined up to $500,000. Additionally, those found guilty can be imprisoned for up to 5 years.

Health Care Fraud – 18 USC § 1347

Health care fraud, under 18 USC § 1347, is a federal offense involving the execution or attempted execution of a scheme to defraud any health care benefit program, or to obtain money or property under the control of a program by false pretenses. This includes any plan or program that provides health benefits, funded directly or indirectly by the government. A standard offense can lead to imprisonment for up to 10 years. If the fraud results in serious bodily injury, the penalty increases to up to 20 years of imprisonment. In cases where the fraud leads to death, the individual could face life imprisonment.

Mail Fraud – 18 USC § 1341

Mail fraud under 18 USC § 1341 involves any scheme designed to defraud or to obtain money or property through false pretenses, representations, or promises, using the postal service or any private or commercial interstate carrier as a medium. The offense is classified as a felony, with penalties including a fine and imprisonment of up to 20 years. However, if the mail fraud affects a financial institution or is connected to a major disaster or emergency declared by the President, the penalty can be increased to a fine of up to $1,000,000 and/or imprisonment of up to 30 years.

Wire Fraud – 18 USC § 1343

Wire fraud, as defined in 18 USC § 1343, involves executing or intending to execute a scheme to defraud, or obtaining money or property by false pretenses, representations, or promises, through the use of interstate wire, radio, or television communications. This crime is classified as a felony, carrying a penalty of a fine and/or imprisonment for up to 20 years. In cases where the wire fraud affects a financial institution or is related to a major disaster or emergency declared by the President, the penalties escalate significantly, with potential fines of up to $1,000,000 and/or imprisonment for up to 30 years.

Bank Fraud – 18 USC § 1344

Bank fraud, as specified in 18 USC § 1344, involves knowingly executing or attempting to execute a scheme to defraud a financial institution, or to obtain money, credits, securities, or other assets or property owned by or under the control of a financial institution through false or fraudulent pretenses, representations, or promises. This offense is classified as a felony, with severe penalties including a fine of up to $1,000,000 and/or imprisonment for up to 30 years.

Securities Fraud – 18 USC § 1348

Securities fraud, as defined in 18 USC § 1348, involves knowingly executing or attempting to execute a scheme to defraud any person in connection with securities, commodities, or options, as well as obtaining money or property through false or fraudulent pretenses, promises, or representations in these transactions. This offense is a serious felony, given the potential impact on financial markets and investors. The penalties for securities fraud include a fine, imprisonment for up to 25 years, or both.

Money Laundering – 18 USC § 1956

According to 18 USC § 1956, money laundering involves conducting or attempting to conduct a financial transaction with the knowledge that the property involved represents the proceeds of some form of unlawful activity. The intent behind such transactions is usually to promote unlawful activity, conceal or disguise the nature, location, source, ownership, or control of the proceeds, or to avoid a transaction reporting obligation under federal or state law. This crime is classified as a felony, with penalties including a fine of up to $500,000 or twice the value of the property involved in the transaction (whichever is greater), or imprisonment for up to twenty years, or both.

Identity Fraud – 18 USC § 1028

Identity fraud under 18 USC § 1028 involves the production, transfer, or possession of false identification documents and authentication features. It criminalizes the use of identification documents that are either not issued by a legitimate government authority or are authentic but have been deceitfully altered. This federal offense also includes possessing or trafficking false identification documents and using someone else’s ID for illegal purposes. The severity of the penalties for this crime varies; general offenses can lead to fines and up to 15 years of imprisonment, while more severe cases, like those connected to terrorism or violent crimes, can result in up to 30 years of imprisonment.

Federal Aggravated Identity Theft – 18 USC § 1028A

As defined by 18 USC § 1028A, federal aggravated identity theft occurs when a person unlawfully uses another’s identity in conjunction with committing certain felonies. This crime elevates standard identity theft to a more serious level because of its association with other criminal activities. The felonies that, when combined with identity theft, result in aggravated identity theft charges include theft or embezzlement of government property, false personation of citizenship, firearm acquisition frauds, fraud and false statements, mail, bank, and wire fraud, immigration-related offenses, and violations of the Social Security Act. Conviction of this crime carries a mandatory prison sentence of two years for most cases, and five years if the offense is related to terrorism. These sentences are served consecutively to any other sentences for related felonies, and the court is not allowed to grant probation or reduce the sentence for the related felony.

Probation For White Collar Crimes In Michigan

If you’re facing white collar crime charges in Michigan, probation is a potential alternative to imprisonment. Probation allows you to serve your sentence at home under supervision, rather than in jail. For felonies, probation can last up to three years, with the possibility of extensions in certain cases. For misdemeanors, the maximum probation period is two years. Understanding the requirements for probation is important. Complying with the terms of probation, maintaining clear communication with your probation officer, and meeting all financial obligations are crucial for a successful probation period.

How White Collar Crimes Are Investigated

In Michigan, the investigation of white-collar crimes involves a close examination of financial records, computer data, and other relevant documents. These crimes, typically involving fraud, embezzlement, or money laundering, require specialized investigative techniques. Law enforcement agencies, possibly including the FBI, IRS, or local Michigan police, collaborate with financial experts and forensic accountants to uncover evidence. Investigations often start with a tip or suspicion, followed by obtaining warrants for searching financial records and conducting interviews with suspects and witnesses. These investigations can be lengthy due to the complexity of financial crimes and the need to establish the extent of illegal activities and identify all who are involved.

Criminal Process For Michigan White Collar Crimes

In Michigan, If there’s enough evidence of a crime, law enforcement will arrest the suspect. Following the arrest, the accused appears for an arraignment, where charges are formally read, and the defendant enters a plea. The next stage is the pre-trial phase, involving evidence exchange between defense and prosecution, known as discovery, and potential plea negotiations. If no plea deal is reached, the case proceeds to trial, where both sides present their arguments and evidence. A judge or jury then decides on the defendant’s guilt. If found guilty, sentencing follows, where the judge imposes penalties based on Michigan’s sentencing guidelines. These guidelines consider the crime’s nature and the defendant’s criminal history, among other things. Cases mainly involving federal crimes are brought by federal prosecutors. If that happens, the individual’s case goes through the federal court process.

Potential Defenses In White Collar Crime Cases

Defense of Lack of Intent

If you’re facing white collar crime charges like embezzlement or fraud under state or federal laws, one key defense is the lack of intent. For these crimes, the prosecution must prove that you intentionally committed an unlawful act for personal gain. However, if your actions were unintentional or due to a misunderstanding, this defense can be effective. For example, if you’re accused of embezzlement but believed you were rightfully entitled to the funds due to a misunderstanding of your employment terms, this could negate the element of intent. Essentially, if it can be shown that your actions were not deliberate or purposeful in violating the law, this defense might apply to your case.

Defense of Mistake of Fact

The mistake of fact defense could apply. This defense is grounded in the belief that you acted under an incorrect assumption of fact rather than criminal intent. For example, if you filed taxes incorrectly because you genuinely misunderstood the tax laws or made an error in your financial calculations, it could negate criminal intent. This defense hinges on proving that your actions were based on an honest, reasonable mistake, rather than a deliberate attempt to break the law.

Defense of Lack of Knowledge

Asserting a lack of knowledge can be a strong defense. This means you were unaware of the illegal nature of your actions or the source of the funds or property involved. For instance, in a money laundering case, if you can prove that you didn’t know the money you were handling was obtained through illegal means, this defense could apply.

Defense of Consent

In certain white collar crime cases in Michigan, such as in allegations of unauthorized use of property or confidential information, the defense of consent can be effective. This defense argues that the owner or the rightful authority consented to your use of the property or information. For example, if you can prove that you had permission from a company executive to access and use the information you’re accused of stealing, this could negate the element of unlawfulness in your actions.

Defense of False Allegations

This defense is suitable in cases where the allegations against you are based on incorrect information or a misinterpretation of your actions. In fraud cases, for example, it’s possible that the charges are rooted in a misunderstanding or misrepresentation of your activities. Here, the focus would be on providing clear, concrete evidence that contradicts the allegations, demonstrating that the actions you took were either misrepresented or inaccurately portrayed by the prosecution.

Importantly, no matter the criminal charges, the burden of proof lies with the prosecution. This means that they must prove beyond a reasonable doubt that you committed the offense in order for you to be found guilty. Without adequate evidence, the prosecution’s case could fall apart quickly. 

Role Of A Criminal Defense Attorney In A White Collar Crime Case

Managing the Criminal Case

A criminal defense attorney guides you through the legal system when you’re charged with a white collar crime in Michigan. They help you understand the complex laws and procedures related to your case, ensuring that you’re aware of your rights and the steps involved in the legal process. Your attorney will handle the necessary paperwork, represent you in court, and communicate with prosecutors and judges on your behalf.

Representation in Court

In Michigan, if you’re accused of a white collar crime, a defense attorney represents you in court. They present your side of the story, challenge the prosecution’s evidence, and work to create a strong defense strategy. Your attorney speaks for you during hearings and trials, arguing on your behalf and seeking to persuade the judge or jury. Their role is to ensure that your case is presented effectively and fairly, aiming to achieve the best possible outcome for you.

Analyzing and Challenging Evidence

A key role of a criminal defense attorney in white collar crime cases is to carefully analyze the evidence against you. They scrutinize the prosecution’s evidence for criminal offenses of all types, looking for weaknesses or inconsistencies. Your attorney might consult financial experts or forensic accountants to understand complex financial data. If they find evidence that’s improperly obtained or irrelevant, they’ll challenge its admissibility in court. Their goal is to weaken the prosecution’s case by discrediting unreliable or illegal evidence.

Negotiating Plea Deals

In some white collar crime cases in Michigan, it might be in your best interest to negotiate a plea deal. Your defense attorney assesses your case’s strengths and weaknesses and advises you on whether a plea deal is a good option. They then negotiate with the prosecutor to try to reduce your charges or the severity of your sentence. This process involves skilled negotiation to reach an agreement that minimizes the impact on your life while ensuring justice is served.

Protecting Your Rights

Throughout the legal process, your attorney’s role is to protect your rights. They ensure that law enforcement and prosecutors treat you fairly and that your legal rights are not violated. This includes making sure you’re not subject to unlawful searches or questioning and that you receive a fair trial. If your rights are violated at any point, your attorney will take action to address these issues, which can sometimes lead to a reduction or dismissal of charges.

Michigan White Collar Crime Lawyers

If you’re accused of a white collar crime in Michigan, George Law is here for you. Our experienced fraud attorneys have meaningfully helped countless clients with state and federal criminal defense. We’ll build a strong defense strategy around your unique circumstances and fight tirelessly on your behalf in hopes of getting you the best outcome to your charges possible. To learn more about how we can assist you, contact our law firm at (248) 247-7459 or online for a consultation.