Articles Posted in White Collar Crime

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Federal white-collar crime cases often do not end with a conviction and prison sentence. Many defendants are subject to supervised release following incarceration, and violations of these terms can result in significant consequences, including additional imprisonment. A recent opinion issued by a Florida court in a white-collar crime case demonstrates that federal courts retain jurisdiction over unresolved violations of supervised release, even after initially revoking supervision and imposing a sentence. If you are accused of violating the conditions of your release, it is critical to speak with a Sarasota white-collar crime defense attorney as soon as possible to protect your rights and freedom.

History of the Case

It is reported that the defendant was convicted in federal court of multiple white-collar crimes, including bank fraud and identity theft. He was sentenced to 24 months and one day of imprisonment, followed by three years of supervised release. After completing his custodial sentence, the defendant was released under supervision. During the term of supervised release, the government filed a petition alleging seven violations. These included unauthorized travel, failure to provide truthful reports, lying to a probation officer, associating with individuals involved in criminal conduct, and new charges involving identity theft and unlawful possession of ammunition.

It is alleged that at a revocation hearing, the defendant admitted to three of the violations. The court revoked his supervised release and sentenced him to five months in prison, followed by 54 months of renewed supervision. The remaining violations were not dismissed, however. Instead, the district court agreed to hold them in abeyance while the government conducted further investigation. On the date the defendant completed the five-month sentence, the district court reconvened to address the remaining allegations. The court found that the defendant had unlawfully possessed ammunition, imposed an additional four months in prison, and ordered a new term of 48 months of supervised release. The defendant appealed. Continue Reading ›

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White collar crimes, like fraud and conspiracy, typically do not involve bodily harm but they are nonetheless staunchly prosecuted. As with any other criminal offense, the prosecution bears the burden of proving each element of a white crime beyond a reasonable doubt, and if it cannot, the defendant should be found not guilty. Recently, a Florida court discussed what constitutes sufficient evidence to sustain a guilty verdict in a white collar crime case, in a matter in which the defendant appealed her conviction. If you are charged with a white collar crime it is advisable to contact a Sarasota criminal defense attorney to discuss your potential defenses.

The Facts of the Case

It is alleged that the defendant was charged with multiple white collar crimes, including theft of government funds, identity theft, and wire fraud. The charges arose out of her filing false claims for relief funds that were intended to help farmers struggling with drought and fire. Following a jury trial, she was convicted as charged and sentenced to 28 months in prison. She appealed, arguing, among other things, that the evidence presented at trial was insufficient to support the guilty verdict entered against her and, therefore, she should be granted a new trial.

Evidence Establishing Guilt in White Collar Crime Cases

Pursuant to the Federal Rules of Criminal Procedure, if the defendant so moves, a court may vacate any guilty verdict and grant a new trial if it is required in the interest of justice. In doing so, the court must evaluate the evidence and weigh the credibility of the witnesses. The Rules do not grant the courts leeway to reevaluate evidence and set aside verdicts simply because they believe some other result would be more appropriate, however.

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