Wisconsin White Collar Defense Lawyer
“White collar crimes” are distinguished from other crimes in that they usually involve some form of fraud, deception or breach of trust, and no violence. Depending on the conduct, a white collar case can involve Wisconsin law, federal law or both, and can be prosecuted by state or federal authorities. Our overview of what white collar crime is explains how these investigations start and when a case goes federal; this page goes charge by charge.
If you have been charged with a white collar crime, contact an experienced Wisconsin white collar crime attorney. At Cafferty, Scheidegger & Johnson, S.C., we offer a free initial consultation and will go through the complexity of your case with you.
Wisconsin White Collar Charges and How They Are Graded
| Charge | Statute | How it is graded |
|---|---|---|
| Theft, including embezzlement by an employee or agent | § 943.20 | Class A misdemeanor at $2,500 or less; Class I felony over $2,500; H over $5,000; G over $10,000; F over $100,000. |
| Identity theft | § 943.201 | Class H felony at any amount. |
| Forgery and uttering | § 943.38 | Class H felony for most writings. |
| Credit and debit card crimes | § 943.41 | Scales with the amount obtained. |
| Issuing worthless checks | § 943.24 | Class I felony over $2,500. |
| Income and sales tax fraud | § 71.83, § 77.60 | Depends on the provision; willfulness is the key element. |
Value is the State’s burden in a theft case and is the first thing we test: the class of the charge, and at the lower tiers whether it is a felony at all, turns on it. See the Class I, Class H and Class G felony guides for what each class carries.
Federal White Collar Charges
- Mail fraud and wire fraud, 18 U.S.C. §§ 1341 and 1343: a scheme to defraud carried out through the mail or interstate wire communications, including email and electronic transfers. Up to 20 years per count, and up to 30 if the scheme affects a financial institution.
- Bank fraud, 18 U.S.C. § 1344: a scheme to defraud a federally insured financial institution, including loan and mortgage applications. Up to 30 years.
- Health care fraud, 18 U.S.C. § 1347: billing Medicare, Medicaid or private insurers for services not provided or not justified. Up to 10 years. See Medicare and Medicaid fraud.
- Aggravated identity theft, 18 U.S.C. § 1028A: using another person’s identity during certain federal felonies. A mandatory 2 years, consecutive to the other sentence.
- Money laundering, 18 U.S.C. §§ 1956 and 1957: financial transactions with the proceeds of other crimes. See money laundering charges.
- Federal tax evasion, 26 U.S.C. § 7201. See tax fraud defense.
Other conduct often grouped under the white collar label includes insurance fraud, unemployment insurance fraud, bankruptcy fraud, securities and investment fraud, insider trading, bribery and computer crimes. Each is charged under its own state or federal statute, and many are charged alongside mail or wire fraud.
Federal sentences are set under the U.S. Sentencing Guidelines, where the loss amount, the number of victims and the person’s role drive the range. Contesting the loss figure is often worth more at sentencing than any other single issue.
What Each Type Turns On
- Theft by an employee or agent turns on authorization and records: a disputed bonus, an advance the employer later recharacterized, or an account with unclear rules is not a plan to steal.
- Identity theft and card fraud turn on who was actually at the keyboard or the counter, which digital records often cannot establish on their own.
- Forgery requires intent to defraud, not just a signature that was not the signer’s own.
- Tax fraud requires willfulness, and good-faith reliance on a preparer or an honest misunderstanding of the rules can defeat it.
- Health care fraud turns on billing rules and documentation, where the line between an aggressive billing decision and a false claim is often contested.
Consequences of a Conviction
Because white collar schemes are often charged as several counts, a conviction on all of them can add up to significant exposure. Beyond prison, a conviction usually brings a restitution order under § 973.20, and can cost professional licenses, employment in finance or health care, and immigration status for non-citizens. Identity theft and forgery convictions are Class H felonies, which a court can order expunged at sentencing only for a person who was under 25 at the time and meets the other conditions of § 973.015.
Aggressive Defender of Your Rights
If you have been accused of a white collar crime, whether the charge is based on Wisconsin law or federal law, make sure you have an experienced lawyer protecting your rights. Contact Cafferty, Scheidegger & Johnson, S.C., at 262-833-7670 to arrange a free initial consultation with an experienced Racine white collar crime lawyer. We serve clients throughout Southeastern Wisconsin and Northern Illinois. See also theft and embezzlement charges and federal criminal defense.