White Collar Crime

• Mail and Wire Fraud: Using mail or electronic communications to defraud someone.
• Mortgage Fraud: Deceiving lenders to obtain a loan.
• Health Care Fraud: Billing for services not rendered or providing substandard care for profit.
• Insurance Fraud: Filing false claims with insurance companies.

Federal embezzlement occurs when someone entrusted with handling government funds or property steals or misuses those resources for personal gain. It is a serious crime because it breaches the public’s trust and diverts resources away from important government functions.

Here’s a breakdown of what constitutes federal embezzlement:

• Perpetrator-Victim Relationship: There must be a trust or fiduciary relationship between the perpetrator and the government. This means the person was entrusted with the money or property and had a legal duty to handle it responsibly.
• Type of Property: The embezzled property must be something of value that belongs to the federal government. This can include money, equipment, documents, or even things like government-issued materials used to counterfeit money.
• Fraudulent Intent: The perpetrator must have acted with the intention of depriving the government of the rightful use of the property. Simply losing or accidentally damaging the property wouldn’t be considered embezzlement.
• Federal Jurisdiction: The crime must have involved federal funds or property to be considered a federal offense. Embezzlement of state or local government funds would be prosecuted on a state level.

Federal money laundering involves processing illegally obtained money to make it appear legitimate. This is a federal crime because it undermines law enforcement efforts and allows criminals to benefit from their wrongdoings.

The common features of Federal money laundering include:

• Dirty Money In – Clean Money Out: The core purpose is to disguise the source, ownership, and nature of funds derived from criminal activity.
• Process of Laundering: Money laundering typically involves three stages:
• Placement: Introducing the “dirty money” into the financial system. This might involve breaking large sums into smaller deposits or using businesses like car washes or restaurants known for handling a lot of cash.
• Layering: Moving the money through a series of complex financial transactions to create distance between the illegal source and the laundered funds. This could involve using shell companies, wire transfers, or foreign exchange.
• Integration: Re-entering the laundered money back into the legitimate economy. This could involve making investments, buying real estate, or using the money to fund seemingly legitimate businesses.

Money Laundering is a Federal crime if you use a bank or other financial institution to launder money that originated from a federal crime (like drug trafficking or fraud) regardless of the amount. Money Laundering is also a Federal crime when it involves more than $10,000 in any one transaction derived from any illegal activity, even a state crime.

Federal bribery occurs when someone offers, gives, or solicits anything of value to influence a public official in the performance of their duties. It’s a serious crime that undermines the integrity of government and erodes public trust.

The key elements of federal bribery include:

• The Offeror: The person who offers, gives, or solicits the bribe. It’s a crime to either offer or accept the bribe.
• The Public Official: Someone who holds a position in the federal government and has the authority to influence decisions or take actions. This can include elected officials, appointed officials, and even some government employees.
• The Benefit: The offeror provides something of value to the public official. This can include money, gifts, campaign contributions, or even promises of future benefits like jobs or contracts. Federal bribery applies regardless of the value of the thing offered or given.
• Quid Pro Quo: There must be an intention to influence the official act of the public official. This means a bribe is offered in exchange for a specific action or inaction by the official in their government role. It can be something as blatant as a cash payment in exchange for a favorable vote on a bill, or something more subtle like offering free travel to a conference in exchange for overlooking safety violations in a company the official regulates.

There must be proof of intent to influence an official act. Simply giving a gift to a public official wouldn’t be considered bribery if there’s no expectation of something in return.

Federal identity theft occurs when someone uses another’s personal identifying information without their permission for illegal purposes. Federal law enforcement takes identity theft very seriously and there are specific laws that address it.

Examples of Federal Identity Theft include:

• Using another’s Social Security number to get a job or open a new bank account.
• Using another’s credit card information to make unauthorized purchases online.
• Filing a tax return using another’s Social Security number to claim a fraudulent refund.

To prove that Federal Identity Theft occurred, the prosecutor must show that the perpetrator used another’s name or other identifying information like Social Security number, driver’s license number, or financial account numbers.

The prosecutor must also show that the perpetrator used the information with the intention of committing some kind of crime or fraud. This could involve opening new accounts, making unauthorized charges, or filing fraudulent tax returns.

For federal charges to apply, identity theft act must cross state lines or involve electronic communication such as using the internet or phone.