DUI Law and Financial Crimes

Driving Under the Influence, or DUI, is a serious offense, requiring the services of a good Maryland DUI Attorney.

Financial crimes are committed in a professional or commercial environment in order to make money. These crimes are not violent, but cause losses to companies, investors and employees. These crimes include fraud, theft and some other violations of the law.

CRIMINAL FRAUD

  • Computer Fraud: steal bank details, credit card and owner information is stored on computers.
  • Power of attorney: hide assets, deceive creditors or debtors illegally pressuring.
  • Fraud in the field of health: accept kickbacks, billing for services not performed, billing unnecessary equipment or services provided by a less qualified person. This type of fraud is committed in all areas of health care; this includes hospitals, home care, ambulance services, medical, chiropractic, psychiatric hospitals, laboratories, pharmacies and nursing homes.
  • Insurance fraud: falsifying, exaggerating or “inflate” the facts of a claim.
  • Mail fraud: use the U.S. mail to commit a crime.
  • Government Fraud: engaging in fraudulent activities related to social housing, agriculture programs, advocacy, educational programs and other governmental activities. These include: bribery in contracts, collusion between contractors, double or false billing, false certification of quality replacement parts and irregularities or counterfeit parts.
  • Financial Fraud: participate in fraudulent activities related to commercial loans, counterfeit checks or negotiable instruments, mortgage fraud, check kiting circulation and false applications or forms.
  • Securities fraud: manipulate the market and steal securities accounts.
  • Through telemarketing fraud: using your phone as a primary means to communicate with potential victims. Telesales operators use multiple aliases, phone numbers and locations, plus change their product line and sales pitch often.
  • Falsification printing fake money or making clothes, bags and fake designer watches.

THEFT

  • Extortion demand money in exchange for not causing physical harm, damage property, to accuse someone of a crime or reveal his secrets.

VIOLATION OF WRITTEN LAWS

  • Antitrust violations: fix prices and create monopolies.
  • Violations of environmental laws: release toxic substances into the air, water or soil that harm people, property or the environment, that includes air pollution, water and illegal dumping…
  • Tax evasion: not file tax returns or filing false tax.
  • Bribery: remunerate any person or company in order to influence it and make a profit. Illegal bribes or commissions result in an advantage, benefit or unfair opportunity to others who are better trained or offer more competitive prices. Bribes damage to businesses, as they interfere with the proper functioning of competition in the market.
  • Insider trading: trade stocks or other securities using confidential information on important facts, to which the general public has no access.
  • Bribery: offering money, goods, services or information in order to influence the actions or decisions of the recipient.
  • Money Laundering: hide income obtained through illegal activities so that they are not detected. Illegal activities are bleached to look like the funds were generated by legitimate means…
  • Public corruption: federal, state or local officials who abuse the public trust or power, usually with private sector accomplices. A government official violates the law when asked or agree to receive anything of value in return for being influenced in the performance of their duties.

DEFENSE

Financial crimes are determined by the general principles of criminal responsibility. Every crime includes tort, fraud and causation. Many of the defenses against financial crime are the same as those used with other crimes and include:

  • Dementia
  • Poisoning
  • Disability (defendant lacked the capacity to commit the crime)
  • Duress (another person induced the accused to commit the offense)
  • Induction by agents

INDUCTION BY AGENTS OF THE GOVERNMENT TO COMMIT A CRIME

A common defense of financial crimes is this type of induction, in which personal rule offers the defendant the opportunity to commit an offense, otherwise he or she had not committed. The defendant argued that he had not had the propensity to commit the crime without the government induction. A judge will consider the situation from the point of defendant hearing to decide whether it was induced to commit the crime they were then charged or not. To succeed in a defense for this offense, the defendant must prove that the government induced him to commit crime and that also had no predisposition to commit.

This defense will not prosper if the person intends to break the law and the agents of the government merely provide a favorable opportunity to commit the crime. For example, is not considered an induction by agents of the government to commit a crime of which then accuse the person as an agent of the government and pretending to be other offers, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. Here, it is not considered an incitement to commit a crime because the person is willing and intends to commit, the agents of the government only give you a chance. On the other hand, you must acquit the defendant, if the evidence leave no reasonable doubt of this predisposition to commit the crime without the inducement or persuasion by the officer or agent of the government.

JUDGMENT

Both individuals and companies can be accused of committing financial crimes. The penalties for financial crimes are fines, house arrest, court costs, forfeitures, restitution, supervised release and imprisonment. If the accused is assisting the authorities in their investigation, the sentence may be reduced.