Types of White Collar Crimes

Posted on | February 7, 2012 | No Comments

The term “white collar crime” has been used in reference to a broad range of illegal acts. This blog article identifies the common types of white collar crimes. If you are under investigation for one of these offenses, or have been arrested and charged with a white collar crime, you want to immediately contact an experienced criminal defense lawyer.

Common Types of White Collar Crimes

The term “white collar crime” is relatively recent in the history of criminal law, coined in the early 20^th century to describe “a crime committed by a person of respectability and high social status in the course of his occupation.”  The most prevalent form of white collar crime is fraud. Under the law, fraud is characteristically defined as an intentional act. It involves the knowing or intentional misrepresentation of a material fact, which is relied on by another party, resulting in monetary loss. Fraud can take a variety of forms, such as:

• Bank fraud, where you make misrepresentations to unlawfully obtain funds from a bank or lending institution
• Mortgage fraud, where you make false statements in order to secure a mortgage
• Credit card fraud, which can be the unauthorized use of someone else’s credit card to obtain goods or services, or the use of false information to obtain a credit card
• Health care fraud, where an unlicensed health care provider offers services and obtains a monetary benefit by falsely alleging that they have proper licenses
• Insurance fraud, where you make false statements to obtain insurance benefits

Another common type of white collar crime involves taking money, goods or services from an employer without permission. This may take the form of embezzlement, where a person entrusted with money or property takes it for his or her own benefit. It may also include filing false expense reports or billing sheets, or otherwise obtaining value from an employer under false pretenses. Often, in embezzlement schemes, a person may engage in forgery, another typical white collar crime. This may involve the forgery of a signature, or the falsification of any other type of document for personal gain.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Internet Child Pornography

Posted on | October 7, 2011 | No Comments

Simply learning that you are under investigation for violation of child pornography laws using the Internet can be frightening, and can wreak havoc with your life. Police may show up at your door with a warrant, and walk out with your hard drive. You may have no opportunity to back up any critical files, and you may not see your computer for months.

If you have been charged with an Internet-related child pornography offense, the situation will get far worse. Often, you will be tried and convicted in the court of public opinion before you have any chance to tell your side of the story. Even if you are eventually acquitted, the damage may already be done. It is critical, whether you think or know that you may be a target of an investigation, or you have been formally charged, that you contact an aggressive, experienced and knowledgeable lawyer as soon as possible.

The child pornography laws allow you to be prosecuted for a wide range of offenses, including possession, creation, purchase, sale or dissemination of illegal images of minors. The Internet can be a dangerous place to view or obtain sexually explicit pictures. You may have no way of knowing whether the individuals in the pictures or videos are of legal age. You may visit a site believing that it is a legitimate adult site, only to learn that you are either a suspect or a defendant in a child porn investigation.

If you suspect that you are under investigation, you should immediately exercise your right to remain silent. You don’t have to talk with police, regardless what they tell you, whether they threaten you, or even tell you they are “just trying to clear this matter up.” If you have critical information on your computer, you should always keep a backup copy. If police show up at your door, don’t let them in without a warrant. Even if they just come in to “talk,” they may see something that they believe gives them probable cause to conduct a search.

You should also resist the urge to take matters into your own hands and try to set the record straight. The police will always give you the opportunity to do so, but will often use what you have said against you in a prosecution. An experienced attorney who knows the details of your case can help you minimize the risk that you will make statements that tend to incriminate you.

Our Experienced Internet Child Pornography Attorneys

Our lawyers have more than 35 years of combined criminal defense experience, and have defended people charged with Internet child pornography. For skilled and effective advocacy from an experienced criminal defense lawyer, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Assault with a Deadly Weapon

Posted on | October 7, 2011 | No Comments

If you have been charged with assault, the consequences can be severe. When the assault involves a deadly weapon, such as a firearm, the sanctions will likely be far more serious. If you are charged with a weapons offense in connection with a federal crime, a conviction will probably result in mandatory prison sentence or additional time added to your incarceration.

If you have been notified that you are a suspect in an investigation for assault with a deadly weapon, or you have been arrested for such an offense, there are specific guidelines you want to follow to protect your constitutional rights:

• Ask for a lawyer immediately, or call your attorney (if you are only under investigation)—Even if you have been detained, you have a right to have an attorney present.
• Don’t talk with police, prosecutors, other prisoners or anyone at the police station—Anything you say may be used against you in court. Don’t fool yourself into believing that you can clear up any misunderstanding by talking your way out of a charge. The police may even seem cooperative and understanding, but are always on the lookout for any information that can be used by the prosecution.
• Don’t let police in your home without a warrant—If the police come to your door and ask to come in, you have the right to say no, unless they have a valid warrant. They may say that they “just want to talk,” but if they view anything that they believe gives them probable cause, they may conduct a search.

The crime of assault with a deadly weapon causing bodily injury is a Felony 2 in Pennsylvania. A deadly weapon can include a broad range of implements, including a knife, a baseball bat or club, a motor vehicle, or almost any blunt object that can cause bodily harm. If convicted, you could face up to 10 years in prison. In addition, as a convicted felon, you will lose certain basic rights, including the right to vote and the right to own or possess a firearm when you are released from prison.

Contact Our Experienced Criminal Defense Lawyers

We bring more than 35 years of combined criminal defense experience to people throughout Delaware County in the Philadelphia area. To set up a confidential meeting with an experienced attorney, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Complex Litigation

Posted on | September 9, 2011 | No Comments

When you are involved in complex civil litigation, including the defense of personal injury claims or other insurance defense matters, it is critical that you have experienced legal counsel. Complex litigation requires extensive preparation and attention to detail. Your attorneys will need to be thorough and meticulous at all stages of the process, from the investigation of the facts and circumstances of your case to the review of documents to the deposition of witnesses.

Complex litigation may include any of a number of factors, each of which can make the process time-consuming and difficult to manage. You may have:

• Multiple interrelated issues, including breach of contract, fraud, misrepresentation and unfair trade practices
• Strict time constraints
• The review and analysis of substantial quantities of information
• A large number of potential witnesses
• Issues that must be addressed and explained by an expert witness
• Highly technical issues

Complex litigation may take the form of a class action, involving hundreds or thousands of potential claimants.

In complex litigation, many claims are settled before trial. Complex cases in state, federal or administrative courts customarily include considerable pre-trial discovery (where the parties gather all evidence), as well as an extensive motion practice. Your attorney may need to gather, review and evaluate a large number of documents. Evidentiary issues critical to a case may be addressed in pre-trial motions. Your lawyer must have skill and experience in a motion practice, with a strong understanding of rules of evidence, as well as rules of civil procedure.

Complex civil litigation may involve months of discovery, including depositions of many witnesses. Your attorney will need to be highly organized in order to determine what is important and what is not, and to synthesize a vast amount of information into a compelling and persuasive argument.

Our Experienced Complex Litigation Attorneys

Our lawyers have more than 35 years of combined experience handling complex litigation. For skilled and effective advocacy in a difficult civil matter, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Grand Theft Auto

Posted on | September 9, 2011 | No Comments

Every year in the United States, more than a million automobiles are stolen. The arrest rate, though, for grand theft auto, is slightly more than 10%. As a result, when prosecutors get a grand theft auto case, they tend to take a very aggressive posture. You will want to hire an experienced and knowledgeable attorney, someone who will stand strong against the tactics of police and prosecutors.

If you are under investigation for or have been charged with grand theft auto, there are steps you can take to protect your rights. You want an experienced lawyer at your side at all times, so that you don’t unwittingly make statements detrimental to your defense. The consequences of a conviction for grand theft auto can be severe. Take the right measures to safeguard your constitutional rights.

Exercise Your Rights

Most people know that, under the U.S. Constitution, you have the right to remain silent when questioned by police. Unfortunately, many people do not follow that admonition. You may think you can convince the police or prosecutors of your innocence. You may erroneously believe that remaining silent is tantamount to an admission of guilt. The framers of the Constitution put these safeguards in place for a reason. Exercise your rights.

In addition to the right to remain silent, you have a right, under the 4^th Amendment, to be free from unreasonable search or seizure. Law enforcement officers must generally have probable cause to search your home, vehicle or person, unless they view you committing an illegal act.

The unfortunate reality is that prosecutors and police often cut corners in their efforts to get a conviction or guilty plea. Don’t give in and throw yourself on the mercy of the court without talking to an experienced attorney.

Preserve All Evidence to Support Your Innocence

Whether you have been charged or are just under investigation, you should provide your attorney with all information that will support any type of defense, such as mistaken identity, consent, or even a credible alibi. Don’t talk to anyone other than your lawyer about your case. Police may interrogate anyone you talk to and you may compromise the testimony of favorable witnesses.

Experienced Criminal Defense Attorneys

Our lawyers have more than 35 years of combined experience handling criminal matters, including grand theft auto. For skilled and aggressive representation if you have been charged with stealing a car, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Mail Fraud

Posted on | August 1, 2011 | No Comments

Did you know that you can be charged with mail fraud even if you don’t use the U.S. mail to commit a fraudulent act? The law allows you to be charged if you simply use a mail carrier to commit fraud.  Under the federal statute, you can be prosecuted for mail fraud if you devise and carry out a scheme to obtain money or property under false pretenses, including untrue assertions or promises. The law covers all transactions involving placement of materials in the mail, as well as with any interstate carrier. This can include the forwarding of intentionally false information on checks, contracts, applications for credit and other similar documents.

The punishment for conviction on mail fraud charges can be severe, including significant fines and up to 20 years in prison. All mail fraud charges are federal offenses. Many other types of fraud, such as bank, mortgage, credit card, bankruptcy, health care and securities fraud, can also lead to charges of mail fraud, if any part of the scheme included use of the U.S. mail.

Because mail fraud is often complex, these cases demand experienced counsel. Your attorney will need to have a strong understanding of the types of claims under the law, and the ways that federal prosecutors will seek to prove illegal conduct.

Your Rights When Charged with Mail Fraud

Under the U.S. Constitution, any time you are under investigation for or charged with a crime, you have specific rights. You don’t have to talk with a police officer or with a prosecutor without having your lawyer present. You don’t have to allow police or law enforcement officers to search your home, vehicle or other property without probable cause. You have a right to know the charges against you and to confront your accuser.

Our Experienced Mail Fraud Defense Lawyers

At the Henry Law Firm, we bring more than 35 years of combined legal experience to people who have been charged with a criminal offense. If you are under investigation or have been arrested for mail fraud, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is without cost or obligation.

Involuntary Manslaughter

Posted on | July 28, 2011 | No Comments

In the criminal justice system, there are varying degrees of crimes and penalties, based on the belief that criminal defendants have different degrees of culpability or responsibility. One of the principal dividing lines is between voluntary and involuntary acts. The inclination is to punish intentional acts more severely than unintentional ones.

This applies to homicide, as well as other crimes. The legal term for unintentionally killing another person is “involuntary manslaughter.” Involuntary manslaughter is generally defined as the unlawful killing of another person “without malice aforethought.” This is simply another way of saying without intent. The crime of involuntary manslaughter is often associated with vehicular homicide or motor vehicle accident deaths. If you are negligent in the operation of a motor vehicle and cause the death of another person, you may be guilty of involuntary manslaughter.

Exercise Your Constitutional Rights

When you have been arrested for or charged with a serious crime, such as manslaughter, you can often forget to take all the measures afforded by the U.S. Constitution to protect your rights. You have the right to remain silent — don’t talk with police or prosecutors until your lawyer is present. You have the right to be free from unreasonable searches or seizures. Always ask to see a warrant and don’t allow police officers or prosecutors to search your property or take anything that belongs to you without a valid warrant.

Our Experienced Involuntary Manslaughter Defense Lawyers

At the Henry Law Firm, we bring more than 35 years of combined legal experience to people who have been charged with a criminal offense. If you are under investigation or have been arrested for involuntary manslaughter, contact the Henry Law Firm or call us toll-free at 877-665-1900 to schedule a free initial consultation.

Prescription Fraud

Posted on | June 14, 2011 | No Comments

America’s “war on drugs” has been going on for years. Unbeknownst to many people, the focus of government and prosecutor investigation is not just illegal drugs, such as marijuana, cocaine, meth and heroin. The war is also being waged on illegal use of prescription drugs. Unfortunately, many prescription drugs have the propensity to be highly addictive. Illegal access to prescription drugs can actually be easier, and frequently safer, that access to controlled substances.  In many instances, you only need look in your own medicine cabinet or that of a friend.

If you are caught and successfully prosecuted, the consequences can be severe. In most instances, prescription fraud is a felony, and can result in substantial fines, as well as a lengthy incarceration.

You can be charged with prescription fraud under a variety of circumstances. Among the most obvious are stealing a prescription pad and forging prescriptions, or creating a bogus prescription pad. You can also face charges if you alter a legitimate prescription to increase quantities or to allow refills. However, any type of misrepresentation or deception, from assuming a false identity to faking an injury, can be the basis for charges of prescription fraud.

It is also important to understand that any party involved in the deception to fraudulently obtain prescription drugs can be charged. If you are a doctor or pharmacist who wrote bogus prescriptions for yourself or others, you can be charged. If you are a nurse or other health care worker who stole prescription forms, either for yourself or others, you can be charged.

Exercise Your Constitutional Rights

Regardless of the circumstances under which you were arrested, you still have rights. Don’t jeopardize your future by willingly forfeiting the protection you have under the U.S. Constitution. You have the right to have an attorney present before answering any questions. You have the right to remain silent. You also have the right, under the 4^th Amendment, to be free from unreasonable search and seizure. This requires that law enforcement officers have probable cause to conduct any search or seizure, and that they have probable cause to obtain a search warrant.

Our Experienced Philadelphia Prescription Fraud Defense Lawyers

We have more than 35 years of combined legal experience focused on criminal defense. If you are under investigation for fraudulently seeking or obtaining prescription drugs, contact the Henry Law Firm or call us toll-free at 877-665-1900. Your first meeting is free of charge.

Identity Theft

Posted on | June 14, 2011 | No Comments

Identity theft can take many forms.  You may be charged with identity theft for using someone else’s financial or personal information for profit, such as using a name or identification number to obtain credit, goods or services. You could be charged with identity theft for giving someone else’s name when stopped or investigated for a crime.  You could be charged with identity theft simply by presenting a fake ID.

Identity theft can involve the inappropriate use of any sensitive personal data, such as name, address, Social Security number, credit card number, passwords for access to financial accounts, date of birth and even maiden name. Identity theft generally requires knowledge and intent: if you are charged, it must be shown that you took someone else’s personal information knowingly, that you did so without permission, and that you did so with an illegal purpose, such as wrongfully obtaining goods, services or other items, including medical and other personal records.

The penalties for conviction on an identity theft charge will vary, based on whether you are charged with a felony or a misdemeanor. In most instances, prosecutors and judges will also look at whether there is a prior criminal record, as well as the extent to which you carefully planned the crime.

You Have Rights

The U.S. Constitution establishes a number of rights for people charged with a crime. You should be notified of many of these rights, such as the right to an attorney, and the right to remain silent, immediately after you are taken into custody. If law enforcement officers arrest you, but fail to advise you of your rights, any statements they get from you may be inadmissible in court.

To best understand and exercise all your rights, you want to hire an experienced lawyer as soon as possible. Police and prosecutors will use every opportunity to get evidence that can lead to a conviction. You want an attorney who can anticipate their moves, and counsel you in ways that protect your future.

Contact an Experienced Philadelphia Identity Theft Defense Lawyer

At the Henry Law Firm, our attorneys bring more than 35 years of combined legal experience to your defense. If you are under investigation for identity theft or misuse of someone else’s personal information, contact the Henry Law Firm or call us toll-free at 877-665-1900. We offer a free initial consultation to every client.

Defending Yourself on Internet Sex Crimes Charges

Posted on | May 9, 2011 | No Comments

When you have been charged with a sex crime, including an offense involving the Internet, you need an experienced attorney to protect your legal rights, as well as your reputation. Because of the nature of the crime, you can often be convicted in the court of public opinion before you have ever had a chance to tell your side of the story. Career-seeking prosecutors can brazenly step all over your constitutional rights in their haste to make a name for themselves.

Regardless of the type of crime, you still have rights. The police and prosecutors must follow constitutional guidelines when gathering any evidence against you. You don’t have to answer any of their questions without first consulting your lawyer. You have the right to confront anyone who has accused you of such a crime.

Protect Your Rights

Law enforcement officials in Pennsylvania take Internet sex crimes seriously, especially those involving the solicitation of minors or the display or dissemination of child pornography. In many instances, police or prosecutors will set up sting operations, posing as minors in chat rooms, e-mails or instant messaging.  Any communications made online can become the basis for an arrest, should prosecutors deem it to be a form of sexual predation or solicitation.

The penalties for conviction of an Internet sex crime can be substantial. You may be required to register as a sex offender, and be forced to go door-to-door to advise your neighbors of your status. Even if it is your first offense, you could face significant prison time.

There are many effective defenses that can be raised in Internet sex crime prosecutions. You can question whether police had probable cause to search your home or your computer, or to obtain any evidence against you. If you were the victim of a sting operation, you can raise an argument based on a theory of entrapment. In certain situations, the validity of the statute under the U.S. Constitution can be called into question.

If you have been arrested for an Internet sex crime or believe that you are under investigation for such a crime, it is important that you exercise your right to remain silent. Some of the most damaging testimony is often your attempt to deny charges or stand up for your rights. Don’t help the police or the prosecutors do their job. Let an experienced attorney speak on your behalf.

Contact Our Experienced Criminal Defense Lawyers

Contact the Henry Law Firm or call us toll-free at 877-665-1900 to schedule a free initial consultation with an experienced Internet sex crimes attorney. We have protected the rights of criminal defendants in Pennsylvania for more than 35 years.