White Collar Crimes, Federal Criminal Statutes & Federal Sentencing Guidelines
Below is a list of some of the most common federal offenses we handle at Bradley S. Sandler involving White Collar Crimes. Facing prosecution for any of the below federal criminal offenses is a serious matter requiring the attention of a dedicated federal criminal defense team.
Federal Securities Fraud and Insider Trading
The most common White Collar Crime is Securities Fraud. Securities Fraud occurs when someone violates Federal Securities laws during the purchase or sale of securities. The Act of 1933 is one of the main governing bodies under Federal Securities law.
The Government must prove the following elements to be convicted of securities fraud:
- That the defendant used a device or scheme to defraud someone, made an untrue statement of a material fact, or failed to disclose a material fact which resulted in making the defendant’s statements misleading;
- that the defendant’s acts were, or failure to disclose was, in connection with the purchase or sale of securities;
- that the defendant used the mail or telephone in connection with these acts or this failure to disclose; and
- that the defendant acted for the purpose of defrauding buyers or sellers of securities.
Sentencing Range for Securities Fraud:
One may be found guilty of a felony, imprisoned up to 10 years and fined up to $1,000,000.00. A corporation committing securities fraud may be fined up to $2,500,000.00.
Money Laundering is often a crime that is ancillary to some other wrongful act, such as dealing in drugs, theft or white collar fraud.
In order to successfully prosecute a defendant for this type of crime, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:
For violations of 18 U.S.C. § 1956(a)(1):
- That the defendant knowingly conducted or attempted to conduct a financial transaction;
- that the financial transaction involved proceeds of a specified unlawful act or activity;
- that the defendant knew that the property involved in the financial transaction represented the proceeds of some form of unlawful activity; and
- that the defendant intended to promote the carrying on of the specified unlawful act or activity.
For violations of 18 U.S.C. § 1957:
- That the defendant engaged or attempted to engage in a monetary transaction;
- that the defendant knew the transaction involved criminally derived property;
- that the property had a value greater than $10,000;
- that the property was derived from some specified unlawful act or activity; and
- that the transaction occurred in the United States.
Federal Sentencing range for Federal Money Laundering:
One may be found guilty of a felony, imprisoned up to 20 years, and fined up to $500,000, or twice the value of the property involved, whichever is greater. (18 U.S.C. § 1956).
One may be found guilty of a felony, imprisoned up to 10 years, and fined up to $250,000, or twice the amount of the property involved, whichever is greater. (18 U.S.C. § 1957).
Enacted in 1984, under the auspices of the Comprehensive Crime Control Act, today’s statutory bank fraud provision was designed to provide an effective vehicle for the prosecution of frauds in which the victims are financial institutions — federally created, controlled, or insured.
In order to successfully prosecute a defendant for bank fraud, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:
- That the defendant knowingly executed, or attempted to execute, a scheme or plan by means of false or fraudulent pretenses, representations, or promises;
- that the defendant acted with the specific intent to defraud;
- that the false pretenses, representations or promises that the defendant made were material;
- that the defendant placed the financial institution at risk for civil liability or financial loss; and
- that the financial institution was insured by the Federal Deposit Insurance Corporation or an equivalent agency as defined by Title 18 U.S.C § 20.
Federal Sentencing Range for Federal Bank Fraud:
One may be found guilty of a felony, imprisoned up to 30 years, and fined up to $1,000,000. The punishment is per transaction. For example, if one false loan document is delivered in person, one fraudulent financial statement is submitted by mail and three fraudulent representations are made by telephone, the potential punishment above is multiplied by 5.
Contact Seasoned Counsel for Assistance with your White Collar Federal Criminal Matter
Federal Criminal Matters are serious matters that require immediate attention. Contact Beverly Hills and Los Angeles Federal Criminal Defense Counsel Bradley S. Sandler at 310-246-3900 or by email at firstname.lastname@example.org today for a confidential consultation.