Atlanta White-Collar Crimes Attorney

An Assertive Advocate in DeKalb, Cobb, Gwinnett, & Forsyth Counties Who Has Won Against the SEC, FBI, & DOJ

“White-collar crime” encompasses a broad range of state and federal financial crimes. The penalties for white-collar crimes can include thousands in fines and years in jail. 

Some examples of white-collar offenses in Georgia include:

• Embezzlement
• Ponzi schemes
• Money laundering
• Tax evasion
• Healthcare fraud
• Bankruptcy fraud
• Credit card fraud
• Identity theft

If you have been accused of a white-collar crime, it is in your best interests to enlist the help of an experienced and assertive lawyer who knows how to win in court. Attorney Stuart M. Mones has secured numerous positive results in federal cases, and he has beat the entire alphabet of government organizations, from the SEC to the FBI to the DOJ. When you are being accused of a white-collar crime like tax evasion, you need a lawyer who has faced federal organizations before — and won.

Schedule a free initial consultation with Mones Law Group, P.C. to learn more about how the firm can help you out of your white-collar charge. 

Embezzlement in Georgia

Embezzlement, referred to as “conversion” in Georgia, is a financial crime that involves the taking of someone’s property that they initially had lawful control over. 

The following elements must be present for a crime to be charged as embezzlement:

• The defendant lawfully obtained another person’s funds or property.
• They did so under an agreement or other known legal obligation for the specific use of the property.
• They knowingly converted the funds or property for their own use, violating the aforementioned agreement.

The penalties for embezzlement depend on the value of the property allegedly embezzled. There are several ways to calculate the value of non-monetary property, including obtaining an expert valuation of the property’s market value at the time or the rental charges of the property. 

Depending on the value and type of property, a defendant could face the following sentences:

• $500 or less: One year in jail and/or $1,000 in fines
• $500 or more: One to 10 years in prison and/or $1,000 in fines
• Public money or property in breach of a fiduciary duty: One to 15 years in prison and/or $100,000 in fines
• Motor vehicle parts worth $100: One to 10 years in prison (up to 20 years in prison for subsequent offenses)
• Commercial cargo being transported: Up to 10 years in prison and/or $50,000 in fines
• Firearms or explosives: One to 10 years in prison

Pyramid Schemes & Ponzi Schemes

Pyramid schemes and Ponzi schemes are often brought up in conversations about financial crimes. In Georgia, pyramid schemes (“multilevel marketing”) are when investors try to make money by enlisting other investors who, in turn, recruit more “investors.” Participants will be asked to pay to join, and thus those who join early make money from later investors. The pyramid collapses when there are no more people joining.

Similarly, a Ponzi scheme is when participants are asked to make an obscure investment with an unreasonably high rate of return. Early investors are paid by the investments of later participants, all while the fraudster encourages the investors to believe that the investment is generating the promised rate of return.

Pyramid and Ponzi schemes can be charged as felonies or misdemeanors, depending on the severity of the crime. The penalties typically include state prison, fines, community service, revocation of the defendant’s business licenses, and a freezing of their business assets. Governmental agencies often tasked with these kinds of cases are the FTC, SEC, and USPS.

Tax Evasion/Tax Fraud

Tax evasion, or tax fraud, is another common white-collar crime that involves illegal tax-related conduct.

Tax fraud can occur in a number of different ways, including:

• filing any tax return, report, or claim for a refund that contains false or fraudulent information that the filer knows to be false;
• knowingly and intentionally omitting any fact, circumstance, condition, or thing in any written document, thus constituting a material misrepresentation of fact; or
• evading or attempting to evade, by tricking, scheming, or deceiving, any tax, license, penalty, interest, or other amount due to the state.

Tax fraud is typically a misdemeanor punishable by up to one year in jail, fines, and restitution. In more serious cases, such as if the crime is part of a larger financial deception scheme, the offense may be charged as a felony. 

There is a common misconception that erroneously filing a tax return always constitutes a crime of tax evasion; however, an accidental mistake while filing taxes is not a crime of tax fraud. Tax fraud requires the element of intentional deception, so an accident should not constitute a tax evasion charge. 

If you have been accused of a white-collar crime, contact Mones Law Group, P.C. immediately for legal representation. Attorney Stuart M. Mones has won against some of the toughest federal agencies like the SEC and FBI, so he knows how to strategize complex defenses.

Schedule a free consultation with Mones Law Group, P.C. to get started on your white-collar crime defense. Spanish-speaking services are available.