What Are Some Examples Of White-Collar Thefts?

The classic white-collar theft is embezzlement. In this case, someone like the CFO of a corporation or the bookkeeper of a smaller business was stealing from the accounts. For example, he wrote himself checks or he took a check that should have been deposited into the business account. These are the most simplistic ways people embezzle.

Also, more elaborate embezzlements occur in which the bookkeeper creates fake bills and writes checks from the business accounts to pay off those fake bills. These checks go directly to him or herself. This embezzlement can occur up to the corporate level, where someone is stealing millions of dollars from the business.

Another classic example of embezzlement seen frequently occurs when the treasurer of some organization essentially steals money from the account.

Furthermore, white-collar crimes also include tax crimes and situations in which a stock swindler or an insider trader is involved. When you think about it, most white-collar crimes include financial aspects.

What Would Theft Of Services Refer To?

In New York State, “Theft of Service” is actually a statute by itself. Theft of services usually deals with situations involving public transportation services, in which someone uses the service without paying for it.

Classic theft of services would be taking a cab ride and then getting out of the cab without paying for it or taking a train ride and not paying for the train ride.

Would Theft Of Services Include Contractors?

Yes, technically it would, because New York State has theft of services charges. The statute states the definition of theft of service as: obtaining or attempting to obtain a service, or inducing or attempting to induce the supplier of a rendered service to agree to payment.

Technically speaking, hiring someone like a contractor to do work for a person who doesn’t intend to pay the contractor is a theft of service charge. This type of situation is frequently not charged as a crime because the prosecutor and the police look at it as more of a civil matter. Technically, of course, it is a crime.

What Occurs If The Person Refused To Pay The Cab Because He Claimed It Was Too Expensive Or Not Done Correctly?

The case may be more appropriate for a civil proceeding if a legitimate complaint existed about the quality of the work.

For theft of service charges, it’s essential to go back to the initiation of the relationship and see whether he promised to pay for the contract or if he did the contract with the intention not to pay. This is where the theft of services charges enters the equation.

If someone was dealing with a situation in which he thought he was getting A but got B instead, and he held a legitimate complaint, then it’s not necessarily a criminal matter. It’s more of a civil matter.

Is It Tax Fraud When A Foreigner Has A Business But Is Unfamiliar With Our Rules And Regulations? Is This Considered Theft?

Essentially, tax fraud is not really theft. Technically, however, someone who isn’t paying the owed tax might be stealing from the government.

Tax fraud is not necessarily looked at as a theft because it is a distinct thing. The person may or may not have done his taxes right; he might not have declared income or something of that nature. This does not really fall into the classic definition of a theft.

This offers a whole separate and distinct category that should be titled tax fraud or tax evasion rather than theft. People often do not think there is an element of theft, anyway, because taxes are just something they report. However, it is a crime if they don’t report them correctly, don’t report income, or took deductions they weren’t entitled to.

Another kind of theft people don’t often consider involves welfare fraud or unemployment insurance fraud. If someone collected his unemployment insurance while actually working, then this is larceny. In this case, people frequently get charged with grand larceny.

If someone received government benefits and lied about them, he is committing a theft.

What Happens if Someone Writes a Hot Check?

Many of these cases rely on why the check was bed. If the check was bad because of insufficient funds, then the person is given the opportunity to make good on the check. After all, one of the elements of the crime is that the person knows the check was bad and wrote it anyway. Otherwise, it’s not a crime.

Some people just do not take care of their checkbook. They don’t pay attention or balance it. They can easily bounce a check, which isn’t a crime.

Normally, in situations in which a check bounced, the person is given a chance to make good on the check.

It’s much different if someone wrote a check on a closed account. It’s very obvious he knew the check was bad. Writing a bad check is, in fact, a separate crime in New York State. The level of crime depends on how much the check was worth.

Can Someone Be Charged With Forgery In This Case?

No. Forgery is not applicable because forgery occurs when a person signs someone else’s name without that person’s permission.

If someone had a check belonging to someone else and he signed the check without permission, then even if the check didn’t bounce, this is a forgery.

This may also constitute theft because one person is stealing from another. However, the forgery itself is not theft. The check might not pass because of the bad signature, thus disallowing the person to actually commit a theft.

On the other hand, it isn’t a forgery if someone gave permission to another person to sign his name. The forgery lies in signing someone else’s name without his permission. It can be a forgery with or without theft.

For more information on White Collar Crimes, a free initial consultation is your next best step. Get the information and legal answers you're seeking by calling (914)788-4126 today.

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