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White Collar Crimes in Minnesota
White-collar crimes are financially motivated offenses typically committed by individuals, businesses, or government officials in professional or occupational settings. These crimes often involve deceit, concealment, or violation of trust and are typically committed for financial gain. White collar crimes carry serious punishments and can damage your reputation if convicted. It is important to hire an attorney with a vast understanding of white collar crime laws in Minnesota if you are charged with this type of offense. Trevor Lushanko is an aggressive Minneapolis white collar crime attorney who can help you reach the best outcome in your case. White-collar crimes often involve complex financial matters, making it essential to have an attorney who will meticulously review the evidence in your case to craft a robust defense on your behalf. If you are charged with a white collar crime, call Lushanko Law today at 952-818-6367 for a free consultation with Attorney Trevor Lushanko.
What is a White Collar Crime?
Minnesota, like other states, recognizes various types of white-collar crimes. These include Embezzlement, Fraud, Money Laundering, Forgery, Racketeering, and many other financially motivated offenses. Click on each example to the right to learn more about each White Collar Crime and the associated penalties they carry.
If you are charged with a White Collar Crime, you need a Minneapolis White Collar Crime attorney that will aggressively fight the charges you are facing. Call Lushanko Law at 952-818-6376 or fill out the contact form below for a free consultation!
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Embezzlement generally involves the misappropriation or theft of funds or property by an individual in a position of trust, typically an employee or someone with access to financial assets. Embezzlement may be charged when an individual misuses funds or property that they were entrusted to manage. For instance, if a book keeper were to use company funds for personal use without having a right to the funds, this could constitute Embezzlement.
There is no specific statute in Minnesota that defines “Embezzlement.” However, the crime of embezzlement is covered under Minnesota theft statutes. The primary statute addressing theft, including embezzlement, is Minnesota Statutes Section 609.52. Under this statute, minor Embezzlement cases may carry a penalty of up to 90 days in jail and a $1,000 fine while more serious Embezzlement cases may carry a maximum penalty of 20 years in jail and a $100,000 fine.
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Fraud is an offense that is not specifically defined under Minnesota statutes. However, fraud is covered under Minnesota’s theft statute, which is Minnesota Statutes Section 609.52. Fraud typically involves the deception or misrepresentation of funds to gain an unfair or unlawful advantage. This could include insurance fraud or healthcare fraud, for example. Insurance fraud may include instances where someone files a false or exaggerated insurance claim to recover money for losses that were not suffered. Healthcare fraud includes instances where a doctor or physician makes a false claim for services that were never provided in order to receive a payout from a medical insurance provider.
The penalties for fraud depend upon the seriousness of the offense. Minor fraud cases may carry a maximum penalty of 90 days in jail and a $1,000 fine while more serious cases can result in a maximum penalty of up to 20 years in jail and a $100,000 fine.
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Money laundering is often associated with concealing the origins of illegally obtained funds to make them appear legitimate. For example, if someone concealed the funds from an illegal drug trafficking business and intermixed them with the funds of a coffee shop, making it seem that the funds are profits from the shop, this would be considered money laundering. While Minnesota doesn't have a specific statute titled "Money Laundering," the offense can be prosecuted under Minnesota Statutes Section 609.497, which criminalizes the offense of “Engaging in Business of Concealing Criminal Proceeds.” The penalties under this statute include a maximum of 20 years in prison and a $1,000,000 fine.
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Forgery involves the creation, alteration, or possession of a false writing or object with the intent to deceive or defraud. The classic example of Forgery includes a person writing a check out to themselves and forging someone else’s name on the check. However, a person could also be charged with Forgery if they create a membership card to a prestigious gym, for example, without paying the membership fees and intending to use the card to gain access to the gym and its equipment. In Minnesota, forgery is addressed under Minnesota Statutes Section 609.63.
The maximum penalties for committing Forgery include 3 years imprisonment and a $5,000 fine. However, if the forged writing or object is offered into evidence at a trial and the person offering it asserts that it is genuine, knowing it is not, the maximum penalty is 5 years imprisonment and a $10,000 fine.
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In Minnesota, racketeering offenses are primarily addressed under the Minnesota Racketeer Influenced and Corrupt Organizations (RICO) statute. The relevant statute is Minnesota Statutes Section 609.903. RICO laws are designed to combat organized criminal enterprises, such as street gangs or cartels. A person may be charged with racketeering if (1) they are associated with or employed by a criminal enterprise and participate in a pattern of criminal activity with this enterprise, (2) they have an interest in or control over the enterprise by participating in a pattern of criminal activity, or (3) they participate in a pattern of criminal activity by investing or using the proceeds from a criminal enterprise.
The penalties for racketeering fall under Minnesota Statutes Section 609.904. Under this statute the maximum penalty for racketeering is 20 years imprisonment and a $1,000,000 fine.
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