South Jersey Lawyers Defend Clients Charged with Fraud and White-Collar Crimes
Cherry Hill firm handles matters where fraud is alleged
If you have been accused of a crime involving fraud, dishonestly, or the improper use of someone else’s information, you may be exposed to the possibility of serving years in prison. You could also be required to pay restitution, fines, and penalties to the alleged victims or government. In this challenging situation, you need a skilled criminal defense attorney who can cut through the misinformation and diligently pursue justice on your behalf. At Lackey & Miller, LLC, our team consists of accomplished former prosecutors with extensive experience in the criminal justice system. Mr. Miller has more than ten years of experience prosecuting white collar offenses throughout the State. We understand the complexities of fraud-related cases and the potential severe consequences they entail.
Common white-collar offenses
Facing charges involving fraud can be daunting, and the stakes are high. The term fraud encompasses a broad range of conduct related to alleged misrepresentations and misappropriations. At our firm, we are dedicated to representing New Jersey clients in a wide array of matters involving fraud-related allegations, including but not limited to:
- Theft by Unlawful Taking (N.J.S.A. 2C:20-3) and Theft by Deception (N.J.S.A. 2C:20-4) — New Jersey has extremely broad theft statutes, which criminalize many transactions involving false statements or the taking of property to which someone is not entitled. These offenses carry a potential penalty of three to five years imprisonment upon conviction for crimes involving $500 or more, and five to ten years of imprisonment upon conviction for crimes involving $75,000 or more.
- Theft by Failure to Make Required Disposition (N.J.S.A. 2C:20-9) — In cases involving investment advisors, real estate transactions, or situations where someone is holding money on behalf of someone else, the State will generally charge theft by failure to make required disposition of funds received. The State also applies this charge against home improvement contractors who they allege improperly use customer funds. Theft by failure to make required disposition of funds received is punishable by potentially three to five years imprisonment upon conviction if the amount in question is $500 or more, and five to ten years imprisonment upon conviction if the amount is $75,000 or more.
- Securities Fraud (N.J.S.A. 49:3-52) — Transactions involving the sale of stocks and other securities are heavily regulated. Any false statement in conjunction with the sale of a security raises the possibility of criminal charges. Any parties involved in such an offense could potentially be sentenced to five to ten years imprisonment upon conviction if the amount in issue is $75,000 or more.
- Official Misconduct (N.J.S.A. 2C:30-2) — State, county, or municipal employees can be charged with official misconduct if they use their position in the government to unlawfully obtain a benefit for themselves or another. Official misconduct is a second-degree crime in New Jersey, unless the amount involved is $200.00 or less. Official Misconduct is an extremely serious charge, which carries a potential penalty of five to ten years imprisonment upon conviction, with five years of mandatory parole ineligibility. In many instances, the State will also seek forfeiture of the employee’s pension as part of any plea negotiation. If charged with this crime, you need a skilled criminal defense attorney to analyze the State’s evidence, identify weakness in the State’s case, and to formulate an aggressive defense.
- Money Laundering (N.J.S.A. 2C:21-25) — Money laundering involves the possession, transportation, or attempts to conceal or “wash” money derived from criminal activity. Money laundering is a first-degree offense when the amount involved is $500,000 or more. Money laundering carries a penalty of five to ten years imprisonment upon conviction, with 1/3 to 1/2 of the sentence subject to parole ineligibility. Money laundering is a second-degree crime when it involves $75,000 or more but less than $500,000, and a third-degree crime when it involves $500 or more but less than $75,000. Money laundering convictions must run consecutive to sentences for any underlying crimes (such as theft). During his time as a Deputy Attorney General, Mr. Miller spent years investigating, indicting, and trying cases involving money laundering and understands the complexity and intricacies of these cases. His vast knowledge enables him to build a strong defense to any case brought against you by the State.
- Identity Theft (N.J.S.A. 2C:21-17) — New Jersey’s identity theft statute includes prohibitions on using someone else’s identity to gain a benefit or injure someone else. If the fraud involves five or more victims or results in a loss of $75,000 or more, identity theft is a second-degree crime and carries a potential penalty of five to ten years of imprisonment upon conviction.
- Credit Card Fraud (N.J.S.A. 2C:21-6) —Using or obtaining a credit card in someone else’s name or without permission is an indictable offense under New Jersey law. Credit card fraud is a third-degree crime, which carries a penalty of five to ten years of imprisonment upon conviction.
- Bad Checks (N.J.S.A. 2C:21-6) — Knowingly writing or presenting a check from an account that a person knows has insufficient funds is a crime in New Jersey. Like other property offenses, the potential penalties for bad checks include prison, including a potential penalty of five to ten years imprisonment upon conviction for writing bad checks amounting to $75,000 or more.
- Insurance Fraud (N.J.S.A. 2C:21-4.6) — New Jersey has entire agencies dedicated to prosecuting insurance fraud, funded by the insurance companies to protect their interests. Under New Jersey law, five instances of insurance fraud involving $1,000 or more culminate as a second-degree crime, exposing a person to a potential penalty of five to ten years imprisonment upon conviction.
- Healthcare Fraud (N.J.S.A. 2C:21-4.3) — Doctors or practitioners convicted with healthcare fraud face a presumption of imprisonment of five to ten years if they knowingly commit the offense in the course of their duties and are subject to fines of five times the benefit received. Non-practitioners who are charged with five instances of claims fraud involving $1,000 or more also face a presumption of five to ten years imprisonment upon conviction.
- Tax Fraud (N.J.S.A. 54:52-11 & N.J.S.A. 54:52-9 ) — If you have been charged with misstating your income on a state tax return, this is a third-degree crime which carries a potential penalty of three to five years imprisonment upon conviction. If you operate a business and fail to turn over all sales tax collected to the State, you could potentially be sentenced to five to ten years imprisonment upon conviction if the amount involved exceeds $75,000.
Building a defense for individuals accused of white-collar crimes is always in the details
Theft cases involving the purported misappropriation of funds can be exceptionally complex, often requiring the examination of thousands of pages of documents. White-collar crime prosecutions frequently hinge on information found in obscure financial documents or records of computer activity hidden deep in discovery. There may be related civil proceedings which must be closely monitored by your criminal defense attorney to protect your interests. To present the strongest defense in these intricate and complex cases, you need a skilled criminal defense lawyer who can meticulously analyze the necessary materials and identify potential gaps in the version of events presented by the authorities.
Contact a New Jersey attorney if you’ve been accused of any white-collar crime
Lackey & Miller, LLC represents clients throughout South Jersey who have been charged with fraud and other white-collar criminal offenses. We have more than ten years of experience prosecuting complex financial cases. To schedule a consultation in our Cherry Hill office, please call 856-399-0089 or contact us online.