White Collar Crimes

Criminal Charges for White Collar Crimes in Las Vegas, Nevada: Legal Consequences and Defenses

White collar crimes, while often non-violent, are taken very seriously in Nevada and can lead to severe legal penalties. White collar offenses typically involve deceit, fraud, or the misuse of financial power for personal gain. Whether the crime involves embezzlement, fraud, or money laundering, the repercussions for a conviction can be severe, including prison time, large fines, and the loss of professional licenses.

Common White Collar Crimes in Nevada

There are various types of white collar crimes that Nevada law criminalizes. Below are some of the most frequently charged offenses:

1. Fraud (NRS 205.377)

Fraud can take many forms in Nevada, including securities fraud, insurance fraud, and mortgage fraud. NRS 205.377 governs many types of fraudulent practices. Convictions can result in prison time, restitution, and fines, depending on the amount of money involved and the extent of the fraud.

2. Embezzlement (NRS 205.300)

Embezzlement occurs when someone unlawfully takes money or property that was entrusted to them, typically by an employer or a client. NRS 205.300 outlines the penalties for embezzlement, which can range from a misdemeanor for small amounts to a category B felony for larger sums, punishable by up to 10 years in prison.

3. Money Laundering (NRS 207.195)

Money laundering is the process of concealing the origins of illegally obtained funds by passing them through legitimate businesses. NRS 207.195 outlines the penalties for money laundering in Nevada, which can include significant prison time and fines. This crime is often prosecuted alongside other offenses such as drug trafficking or fraud.

4. Bribery (NRS 197.020)

Bribery involves offering, giving, or receiving something of value to influence the actions of a public official or a person in a position of power. Under NRS 197.020, bribery is a category C felony and can result in up to five years in prison and substantial fines.

5. Identity Theft (NRS 205.463)

Identity theft occurs when someone uses another person’s personal information, such as Social Security numbers or bank account details, without permission for financial gain. Under NRS 205.463, identity theft is a category B felony, with penalties of up to 20 years in prison depending on the severity of the crime.

The Legal Process for White Collar Crimes in Nevada

White collar crime cases often involve complex investigations that can span months or even years. Below is a general overview of the legal process for white collar crimes:

1. Investigation

Investigations into white collar crimes are typically lengthy and involve the collection of financial records, interviews, and surveillance. Agencies such as the FBI, SEC, or Nevada Attorney General’s Office may conduct the investigation.

2. Filing of Charges

If the investigation uncovers sufficient evidence, formal charges may be filed under various Nevada statutes. Depending on the scope of the crime, charges can range from misdemeanors to category B felonies. White collar crimes are typically prosecuted as felonies, particularly if large sums of money are involved.

3. Trial

If the case proceeds to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. White collar trials often involve expert witnesses, financial documents, and testimony from co-conspirators. An experienced defense attorney like Josh Tomsheck can challenge the evidence, question the legality of the investigation, and offer alternative explanations for the alleged actions.

Penalties for White Collar Crimes in Nevada

Penalties for white collar crimes vary widely depending on the nature of the offense and the amount of money or property involved. Some possible penalties include:

• Prison Time: Felony white collar crimes, such as those outlined in NRS 205.300 (embezzlement) and NRS 205.377 (fraud), can result in lengthy prison sentences ranging from one to 20 years or more.

• Fines: Convictions for white collar crimes can lead to significant fines, which can range from tens of thousands to millions of dollars, depending on the offense and the financial damage caused. For example, under NRS 207.195 (money laundering), fines can be extensive due to the large sums typically involved in these cases.

• Restitution: Courts often order restitution in white collar crime cases, requiring the defendant to pay back the victims for financial losses incurred as a result of the criminal activity. This is common in cases involving embezzlement (NRS 205.300) or fraud (NRS 205.377).

• Loss of Professional Licenses: Individuals convicted of white collar crimes may lose professional licenses in industries like finance, law, and healthcare. This loss can effectively end a person’s career, making it difficult to return to their profession.

• Permanent Criminal Record: A conviction for a white collar crime can lead to a permanent criminal record, which can severely impact future employment, professional opportunities, and personal reputation.

Defending Against White Collar Crime Charges

Defending against white collar crime charges in Nevada requires a deep understanding of both state and federal laws, as well as financial regulations. Josh Tomsheck uses a range of legal strategies to protect his clients and help them avoid the harsh consequences of a conviction.

1. Lack of Intent

Many white collar crimes, including those defined under NRS 205.377 (fraud) or NRS 205.300 (embezzlement), require the prosecution to prove intent. In some cases, a defense may focus on the argument that the defendant lacked the intent to commit a crime. Josh Tomsheck will work to demonstrate that any actions were unintentional or a result of a misunderstanding, which can lead to charges being reduced or dismissed.

2. Insufficient Evidence

White collar crime cases often rely on complex financial evidence, and sometimes the evidence provided by the prosecution is insufficient to prove guilt beyond a reasonable doubt. Josh Tomsheck will thoroughly review the prosecution’s case, challenging any weak or flawed evidence.

3. Mistaken Identity

In some instances, the wrong individual may be charged in a white collar crime, especially in cases involving multiple parties or large organizations. If another person was responsible for the wrongdoing, Josh Tomsheck will present evidence to show that his client was not involved in the criminal activity.

4. Violation of Constitutional Rights

If law enforcement violated the defendant’s constitutional rights during the investigation—such as conducting an illegal search or seizure in violation of the Fourth Amendment—Josh Tomsheck can file a motion to suppress any evidence obtained unlawfully. This can significantly weaken the prosecution’s case and may lead to a dismissal of the charges.

Early Intervention in White Collar Crime Cases

White collar crime cases often begin with lengthy investigations, sometimes before the accused is even aware they are being scrutinized. Early intervention from an experienced defense attorney like Josh Tomsheck can make a critical difference in the outcome of the case. By intervening early, Josh may be able to negotiate with prosecutors, address concerns before charges are filed, or gather favorable evidence that can prevent charges altogether.

Contact Josh Tomsheck for Skilled White Collar Criminal Defense

If you are under investigation or facing charges for a white collar crime in Nevada, you need an experienced defense lawyer who can navigate these complex legal waters. Attorney Josh Tomsheck, a nationally board-certified criminal trial attorney and former Chief Deputy District Attorney, has a track record of success in defending clients against white collar crime charges. His expertise in Nevada law, coupled with his experience in handling high-stakes financial cases, makes him the ideal choice for anyone facing serious allegations. As the founder of the LV Criminal Law Center, Mr. Tomsheck is committed to providing information and resources to those facing the criminal justice system and need help and answers.

At Hofland & Tomsheck, we understand the gravity of white collar criminal charges and the impact they can have on your life and career. Contact us today for a confidential consultation, and let us develop a strong defense strategy to protect your future.