Dedicated and Compassionate Representation
When hit with accusations of white-collar crime, most people are extremely concerned about their family, their reputation, and often their business and employees. Of course, they are also concerned about the prospect of facing prison time. In the last decade, the federal government has created harsher penalties and longer prison terms for those convicted of white-collar crimes.
I understand how devastating even the allegation of white-collar crime can be, and I listen with compassion as we go over the law and the facts of your case. As your attorney, I will move quickly to prepare your defense and to protect your rights. Many times we can negotiate your case out of court, sometimes keeping charges from even being filed. However, if we do go to court, I will always aggressively defend your case in order to obtain a favorable outcome.
If you are being investigated or have been charged with wire or mail fraud, food stamp fraud, money laundering, bank fraud, securities fraud, or Medicaid/Medicare fraud, I can help you prepare the best defense.
Types of White-Collar Crimes
White-collar crimes may involve violations of state law or federal law. Some of the most common kinds of white-collar crimes under Kansas state law include:
Criminal deprivation of property — Severity level 9 nonperson felony under Kansas Statute § 21-5803.
Unlawful acts involving theft detection shielding device s — Severity level 9 nonperson felony under Kansas Statute § 21-5805.
Unlawful use of recordings — Severity level 9 nonperson felony, class A nonperson misdemeanor, or class B nonperson misdemeanor under Kansas Statute § 21-5806.
Giving a worthless check :
- Severity level 7 nonperson felony if check is drawn for $25,000 or more or more than one worthless check was presented within a seven-day period and the combined total of the checks is $25,000 or more.
- Severity level 9 nonperson felony if check was drawn for at least $1,000 but less than $25,000, more than one worthless check was given within a seven-day period and the combined total of the checks is at least $1,000 but less than $25,000, or the alleged offender giving the worthless check has, within the past five years, been convicted of giving a worthless check two or more times
- Class A nonperson misdemeanor if the check is drawn for less than $1,000 under Kansas Statute § 21-5821.
Forgery — Severity level 8 nonperson felony under Kansas Statute § 21-5823.
Making false information — Severity level 8 nonperson felony under Kansas Statute § 21-5824.
Counterfeiting :
- Severity level 7 nonperson felony if the retail value of the item or service is $25,000 or more, alleged offense involves 1,000 or more items bearing a counterfeit mark, or is a third or subsequent violation.
- Severity level 9 nonperson felony if retail value of such item or service is at least $1,000 but less than $25,000, alleged offense involves more than 100 but less than 1,000 items bearing a counterfeit mark, or is a second violation.
- Class A nonperson misdemeanor if the retail value of such item or service is less than $1,000 under Kansas Statute § 21-5825.
Destroying a written instrument — Severity level 9 nonperson felony under Kansas Statute § 21-5826.
Altering a legislative document — Severity level 9 nonperson felony under Kansas Statute § 21-5827.
Criminal use of a financial card :
- Severity level 7 nonperson felony when money, goods, property or services obtained within any seven-day period are of the value of $25,000 or more.
- Severity level 9 nonperson felony when the value is at least $1,000 but less than $25,000
- Class A nonperson misdemeanor when value is less than $1,000 under Kansas Statute § 21-5828.
Impairing a security interest:
- Severity level 7 nonperson felony when the personal property subject to the security interest is of the value of $25,000 or more and is subject to a security interest of $25,000 or more,
- Severity level 9 nonperson felony when the value is at least $1,000 and is subject to a security interest of at least $1,000 and either the value of the property or the security interest is less than $25,000
- Class A nonperson misdemeanor when value is less than $1,000, or of the value of $1,000 or more but subject to a security interest of less than $1,000 under Kansas Statute § 21-5830.
Unlawful acts concerning odometers — Severity level 9 nonperson felony under Kansas Statute § 21-5835.
Unlawful acts concerning certificates of title — Class C misdemeanor under Kansas Statute § 21-5836.
Conducting a pyramid promotional scheme — Severity level 9 nonperson felony under Kansas Statute § 21-5838.
Unlawful acts concerning computers:
- Severity level 8 nonperson felony under Kansas Statute § 21-5839(a)(1), Kansas Statute § 21-5839(a)(2), and Kansas Statute § 21-5839(a)(3)
- Violations involving losses of more than $100,000 are Severity level 5 nonperson felony offenses)
- Class A nonperson misdemeanor under Kansas Statute § 21-5839(a)(4) and Kansas Statute § 21-5839(a)(5).
Counterfeiting currency :
- Severity level 7 nonperson felony or Severity level 8 nonperson felony under Kansas Statute § 21-5840(a)(1) or Kansas Statute § 21-5840(a)(2)
- Severity level 9 nonperson felony under Kansas Statute § 21-5840(a)(3).
Treason — Off-grid person felony under Kansas Statute § 21-5901.
Sedition — Severity level 7 nonperson felony under Kansas Statute § 21-5902
Perjury :
- Severity level 9 nonperson felony under Kansas Statute § 21-5903
- Severity level 7 nonperson felony if the false statement is made upon the trial of a felony charge.
Interference with law enforcement :
- Severity level 8 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5904(a)(1)(A) or Kansas Statute § 21-5904(a)(1)(B)
- Severity level 9 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5904(a)(1)(C)
- Severity level 8 nonperson felony under Kansas Statute § 21-5904(a)(1)(D)
- Severity level 8 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5904(a)(2)
- Severity level 9 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5904(a)(3).
Interference with the judicial process :
- Severity level 9 nonperson felony under Kansas Statute § 21-5905(a)(1)
- Class A nonperson misdemeanor under Kansas Statute § 21-5905(a)(2) and Kansas Statute § 21-5905(a)(3)
- Severity level 8 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5905(a)(4)
- Severity level 8 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5905(a)(5)
- Severity level 7 nonperson felony under Kansas Statute § 21-5905(a)(6)(A)
- Severity level 9 nonperson felony under Kansas Statute § 21-5905(a)(6)(B) or Kansas Statute § 21-5905(a)(6)(C)
- Severity level 9 nonperson felony or Class A nonperson misdemeanor under Kansas Statute § 21-5905(a)(7).
Intimidation of a witness or victim/ aggravated intimidation of a witness or victim — Intimidation of a witness or victim is a class B person misdemeanor and aggravated intimidation of a witness or victim is a severity level 6 person felony under Kansas Statute § 21-5909.
Escape from custody; aggravated escape from custody (Kansas Statute § 21-5911):
- Severity level 8 nonperson felony
- Severity level 5 nonperson felony
- Severity level 6 person felony or
- Severity level 5 person felony
Aiding escape — Severity level 8 nonperson felony or severity level 4 nonperson felony under Kansas Statute § 21-5912
Obstructing apprehension or prosecution — Severity level 8 nonperson felony or class C misdemeanor under Kansas Statute § 21-5913(a)(1), severity level 5 nonperson felony under Kansas Statute § 21-5913(a)(2).
False signing of a petition — Class C misdemeanor under Kansas Statute § 21-5916.
False impersonation; aggravated false impersonation — False impersonation is a class B nonperson misdemeanor and aggravated false impersonation is a severity level 9 nonperson felony under Kansas Statute § 21-5917.
Dealing in false identification documents; vital records identity fraud — Severity level 8 nonperson felony under Kansas Statute § 21-5918.
Performance of an unauthorized official act — Class B nonperson misdemeanor under Kansas Statute § 21-5919.
Tampering with a public record — Class A nonperson misdemeanor under Kansas Statute § 21-5920.
Tampering with public notice — Class C misdemeanor under Kansas Statute § 21-5921.
Unlawful disclosure of authorized interception of wire, oral or electronic communications — Severity level 10 nonperson felony under Kansas Statute § 21-5923.
Making false claim, statement or representation to the Medicaid program — Under Kansas Statute § 21-5927. Medicaid fraud will range in seriousness and severity based on the amount of money that is involved in the misrepresentation or false claim.
Unlawful acts relating to the Medicaid program — Severity level 7 nonperson felony under Kansas Statute § 21-5928.
Obstruction of a Medicaid fraud investigation — Severity level 9 nonperson felony under Kansas Statute § 21-5929.
Failure to maintain adequate records — Class A nonperson misdemeanor under Kansas Statute § 21-5930.
Destruction or concealment of records — Severity level 9 nonperson felony under Kansas Statute § 21-5931.
Failure to register an aircraft — Severity level 8 nonperson felony under Kansas Statute § 21-5935.
Fraudulent aircraft registration — Severity level 8 nonperson felony under Kansas Statute § 21-5936.
Fraudulent acts relating to aircraft identification numbers — Severity level 8 nonperson felony under Kansas Statute § 21-5937.
Unlawful acts involving an automated sales suppression device — Severity level 7 nonperson felony under Kansas Statute § 21-5939.
Bribery — Severity level 7 nonperson felony under Kansas Statute § 21-6001.
Official misconduct :
- Class A nonperson misdemeanor under Kansas Statute § 21-6002(a)(1) through Kansas Statute § 21-6002(a)(4)
- Violation of Kansas Statute § 21-6002(a)(5) can be Severity level 8 nonperson felony or a class A nonperson misdemeanor
- Violation of Kansas Statute § 21-6002(a)(6) is a class A nonperson misdemeanor when claim is less than $1,000
- Severity level 9 nonperson felony when claims is at least $1,000 but less than $25,000
- Severity level 7 nonperson felony when claim is $25,000 or more.
Presenting a false claim; permitting a false claim:
- Presenting a false claim or permitting a false claim for $25,000 or more is a Severity level 7 nonperson felony
- At least $1,000 but less than $25,000 is a severity level 9 nonperson felony
- Less than $1,000 is a class A nonperson misdemeanor under Kansas Statute § 21-6004.
Misuse of public funds :
- Offense involving less than $1,000 is a class A nonperson misdemeanor
- At least $1,000 but less than $25,000 is a Severity level 9 nonperson felony
- At least $25,000 but less than $100,000 is a Severity level 7 nonperson felony
- $100,000 or more is a Severity level 5 nonperson felony under Kansas Statute § 21-6005.
Extortion — Severity level 7 nonperson felony under Kansas Statute § 21-6501.
Debt adjusting — Class B nonperson misdemeanor under Kansas Statute § 21-6502.
Deceptive commercial practice — Class B nonperson misdemeanor under Kansas Statute § 21-6503.
Equity skimming — Class A nonperson misdemeanor under Kansas Statute § 21-6504.
Commercial bribery — Severity level 8 nonperson felony under Kansas Statute § 21-6506.
Sports bribery :
- Severity level 9 nonperson felony under Kansas Statute § 21-6507(a)(1) and Kansas Statute § 21-6507(a)(2)
- Class A nonperson misdemeanor under Kansas Statute § 21-6507(a)(3) and Kansas Statute § 21-6507(a)(4).
Tampering with a sports contest — Severity level 9 nonperson felony under Kansas Statute § 21-6508.
Knowingly employing an alien illegally within the territory of the United States — Class C misdemeanor under Kansas Statute § 21-6509.
Federal White-Collar Crimes
Common kinds of federal white-collar crimes include:
- Mail Fraud — A person commits mail fraud by engaging in a scheme to defraud or obtain money or property by false pretenses through the United States Postal Service. Punishable by up to 20 years in prison and/or a fine under Title 18 U.S. Code (U.S.C.) § 1341.
- Bank Fraud — Any scheme to defraud a financial institution may constitute bank fraud. Punishable by up to 30 years in prison, and/or a fine of up to $1 million under U.S.C. § 1344.
- Money Laundering — Actual sources of income are disguised when a person attempts to launder money. These charges often stem from somebody profiting from an illegal activity. Punishable by up to 20 years in prison and/or a fine of up to $500,000 under U.S.C. § 1956.
- Embezzlement — Commonly referred to as “skimming off the top,” embezzlement is actually defined under 18 U.S.C. § 656 defines as the “fraudulent theft of personal property by someone who has been entrusted to protect it.” Punishable by up to 30 years in prison and/or a fine of up to $1 million under U.S.C. § 656.
- Racketeer Influenced and Corrupt Organizations Act (RICO) — Racketeering is a crime that involves illegal activities carried out as part of an enterprise with commercial profit disguised as legitimate business deals and transactions. RICO Act violations may include extortion, fraud, gambling, bribery, or kidnapping. Punishable by up to 20 years in prison and/or a fine under U.S.C. § 1961.
Regardless of whether you believe you are under investigation for a state criminal charge or a federal one, do not speak to authorities without legal representation. You should not attempt to explain yourself until you have hired an experienced criminal defense attorney to defend your rights and your freedom.
White-Collar Defense
From offices in downtown Wichita, Kansas, Pratt Law, LLC represents clients charged with white-collar offenses in Kansas federal courts. Contact James R. Pratt at (316) 262-2600 to schedule a free initial consultation with a skilled white collar crime defense attorney.