Examples of White Collar Crimes and Wire Or Mail Fraud

The term “white collar crime” describes a variety of conduct. The term was first used by Edwin Sutherland when he addressed the American Sociological Society in 1939. Dr. Sutherland presented the position that corruption among affluent business and government officials caused as much harm to society as what is commonly referred to as “street” or “blue collar” crime. Thus, society should take action to identify and punish individuals involved in such conduct.

Perhaps “white collar crime” is best defined as property crimes associated with business that do not result in physical injury to any person. This broad definition can apply to complex investment schemes such as those publicized in the Enron scandal, or insider trading allegations such as those brought against Martha Stewart. The definition can also apply to more direct criminal activity such as telemarketing schemes, Internet fraud, and embezzlement.

Some examples of “white collar crimes” are: access device fraud, bank fraud, blackmail, bribery, cellular phone fraud, computer/Internet fraud, counterfeiting and forgery (not only currency but also certificates, documents of authenticity, licensing documents, identity, contractual agreements, etc.), credit card fraud, futures speculation schemes, copyright infringements, embezzlement, environmental regulation violations, extortion, fraud involving the health care industry, insider trading, insurance fraud, investment schemes, money laundering, securities fraud, tax fraud and evasion, telemarketing schemes, fraud involving illegal attainment of government services or benefits, bait and switch schemes, price fixing, false advertising, improper weights and measures for marketable goods, etc. This is by no means an exhaustive list of all of the conduct that could be characterized as “white collar crime.

Often, subjects of investigations of “white collar crimes” are accused of committing wire or mail fraud, obstruction of justice, or for making false statements to federal investigators. Wire and mail fraud prosecutions are very common in the arena of “white collar crime.” The difference between wire or mail fraud is that with wire fraud, the defendant used the “wires” (i.e., phones, fax, radio, etc.) to further the scheme to defraud, whereas with mail fraud, the defendant uses the United States Postal Service. See 18 U.S.C. yy 1341, 1343. The wire and mail fraud charges are very serious charges. The two carry a statutory maximum penalty of twenty (20) years imprisonment!

You may wonder why you or your company may be charged with wire or mail fraud for conduct that is more specifically addressed in other statutes. Especially in light of the fact that in today’s marketplace, businesses of all types are highly regulated. Perhaps it was explained best in a Second Circuit case from New York: “To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart–and our true love. We may flirt with RICO, show off with 10b-5, and call the conspiracy law ‘darling,’ but we always come home to the virtues of 18 U.S.C. y 1341, with its simplicity, adaptability, and comfortable familiarity.”

United States v. Pisani, 773 F.2d 397, 409 (2nd Cir. 1985) (citing Rakoff, The Federal Mail Fraud Statute (Part 1), 18 Duq.L.Rev. 771, 771 (1980)) (footnotes omitted).

In other words, due to the simplicity of the wire and mail fraud statutes and because of the fact that oftentimes prosecutors are unable to identify violations of more specific statutes, the prosecutors simply rely on their “sweetheart” statutes, Mail or Wire Fraud. The prosecutors twist the facts in an attempt to satisfy the elements of the Mail or Wire Fraud statutes.

If you have been charged with Mail or Wire Fraud, or conspiracy to commit mail or wire fraud (which carries the same penalty as Mail or Wire Fraud), you are facing very serious charges. The author HIGHLY recommends that you obtain COMPETENT legal counsel IMMEDIATELY. If you anticipate that you may face Mail or Fraud charges, or conspiracy to commit Mail or Wire Fraud charges, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE. If you are aware that you or your company is being investigated as a result of your business activities, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE.

Competent legal counsel is very important from the moment that you realize you may be the subject of an investigation for any conduct that may constitute “white collar crime.” Often, legitimate business people find themselves prosecuted for unintentionally making false statements to investigators (just ask Martha Stewart), or for other unintentional actions that can be construed as an attempt to obstruct justice. The risk of such prosecution necessitates the acquisition of legal counsel as soon as possible.

Child Support – A Man’s Point of View

As the old saying goes, there is always 2 sides to every story. When it comes to child support you very rarely hear anything about the men (and women) who are paying the child support. Just like there are dead beat parents paying child support, there are dead beat parents receiving child support. There are no laws regulating what must be done with the money once it is received.

If the payer does not pay, they go to jail, but if the payee does not spend any of the money on the child nothing happens. Believe me when I say that this does happen and probably more than one would think. The thing that got me to thinking about this is an article that I read earlier in the week where a man had been jailed for not paying child support for a child that was not his. This man had not one, but 2 test proving that he was not the father, but still did time. You would think that someone would have the good sense to do the right think, but I guess not in this situation.

My experiences with the courts and the child support system are not ones that I think of fondly. I dare not mention the city or even the state where I pay child support, but they have a system which is outside of the norm. I have spent many hours and a hole lot of money fighting accounting errors and bogus charges, but no one cares. The county is making money off of me and men like me.

I have sat in court and watched my attorneys just shake their heads in amazement in what these people are able to get away with. It is obviously not appropriate to quote the attorney here exactly, but the words said it all.

The former child support clerk is now in prison for embezzling almost $220,000 over a five year period. While she was having men thrown in jail for being a few days late or a few dollars short she was writing checks to herself out of the funds that were coming in. You have to ask yourself, where was the accountability in this case. It is my belief that the corruption is much more widespread that what is known, but again being one who is still in the system and will continue to be for years to come I fear retaliation if I express too harsh of an opinion.

Bottom line, payers are suffering too. They just don’t get the attention that payees receive.

White-Collar Laws Are Best Understood by White-Collar Criminal Attorneys

White-collar laws and crimes differ a lot from any other laws or crimes which you may face. White-collar crimes are not violent and are usually performed by people who have a public office. This kind of crime can also be performed by a business which is using deception to commit the crime. The victim of such crimes might may not be able to understand what has happened even after the case, never mind getting justice for. In such cases it is best to hire a white-collar attorney.

There’s no violence. There is no weapons.

Generally speaking the crimes which we call white collar crimes do not involve using a weapon of any sort and are usually performed without exercising any violence. This makes the evidence to be a lot harder to obtain, it also takes a lot of time to determine if such a crime has actually been performed. People who are put under investigation for white-collar crimes have to make sure that they hire a very good white-collar criminal attorney.

The first thing that a white-collar criminal attorney is going to do is he is going to inform his client about their rights and privileges that the client has. He will also present all the necessary options which the client has to be aware of. Because of the fact that the criminal process for such a crime is very complicated and complex, it is important for the white-collar criminal attorney to actually understand all the ends and the outs of this specific kind of law.

The white-collar criminal attorney will be well informed as to the different kinds of the crimes that are performed. Be it bribery or embezzlement, or any other white-collar crime, the best thing you can do is you can hire a good white-collar criminal attorney to represent you and deal with your case. Anything you want to know and to get done which pertains to white-collar law, or white-collar crime, his best executed by professional white-collar attorneys.

It really does depend which law a specific person is broken, that information has to be clearly presented to the judges before they can decide on the actual punishment that the person is going to have to face. It may be that the person guilty of the crime will have to serve time in jail, maybe they are going to have to face huge fines which will in turn ruin them financially. Maybe those people will have to face dealing with restitution. When such circumstances are at stake, you really want to have a good white-collar attorney that will be able to present your case favorably to the judges so that you don’t have to deal with the consequences of one mistake which you have done in your life for the rest of her life.

A special kind of lawyer called DUI will have to be higher if you are charged with driving your car while being drunk. Many of such attorneys are ready to represent you and your case. It is not all that hard to find them, all you have to do is find a correct person for a correct kind of job.

Dealing With the Difficult Recording Clerk at the County Level

When a County Clerk, Recorder of Deeds, “Refuses to Record”

Most legal remedies for misconduct or crimes committed by government officials must be formally presented and officially “sanctioned” by the courts. Inevitably, the cost of litigation and the courts inherent reluctance to favor private citizens who sue the government teach us that we “can’t sue city hall” – even if the folks who work there are crooks.

Shielded by the official and practical immunities inherent in our legal system, government officials are encouraged to believe they are “above the law”, beyond the reach of common people, and free to abuse their powers. No longer accountable in court, the frequency of official misconduct, oppression, and injustice is rising but normally unpunished.

Commercial liens seem to have extraordinary power for attacking government officials who break the Law. The key to the liens’ power is found in the fact that these liens are applied non-judicially – without the knowledge, approval, or interference of a judge. Because the judges aren’t involved, they can’t stop you from filing your liens, and therefore, they can ‘t shield the government.

Instead, to file a commercial lien, you prepare the necessary documents and simply file them (along with a modest filing fee) with the local county clerk, recorder of deeds, etc. or whatever county agency is responsible for filing public documents.

But problems are beginning to develop. Since the legal system can’t stop these liens with high legal fees and biased judges, the county clerks are beginning to restrict the filing of liens. I.e., you prepare your lien, round up your $50 filing fee. and present yourself, your money, and your lien to the county clerk and he refuses to accept the lien. The lien can ‘t work if it ‘s not filed, so a recalcitrant clerk can stop your lien cold. Although the clerk’s refusal to file the lien documents is almost certainly unlawful, I’ve heard reports that “refusals to file” are increasingly common in California, Ohio. and other states.

The following is one man’s recommendations for dealing with county clerks who refuse to file your liens (or other documents). This procedure is primarily based on the Uniform Commercial Code. Because several of the steps require you to wait patiently (30 days or more) for the government’s response, the total process may take six months or more to complete.

These lengthy delays are difficult for those of us who are used to a diet of instant TV, microwave food, and fast gratification, to accept. Which is to say, here ‘s another obstacle – time – our legal system uses to prevent the People from compelling government officials to obey the Law.

So be it.

But what does it take to overcome this obstacle? Just patience, persistence and determination. The first one, two, or even three individuals who fight to compel the clerks to properly record their liens may have to struggle for most of a year. However, once the clerks begin to see their personal liability, they’ll return to obeying the law and recording the liens. It may take time, but it is clearly time that must be spent by a handful of people to open the doors for the rest of the public.

In general, it looks as if the liens can be used to compel the judges and public officials to obey the law, and The Uniform Commercial Code can be used to compel the clerks to obey the law. Point: where there’s a will, there ‘s a legal remedy.

Advice: Learn to work with others. Your witnesses are your friends, advisors, and legal “safety net” Unless you have absolutely no choice, don’t try to “lien on” government officials all by yourself. Bring at least two witnesses along to every face-to-face meeting with the clerk, Recorder of Deeds, Sheriff etc.. After the meeting, have your witnesses prepare sworn affidavits of whatever they saw and heard the clerk, official, sheriff say, do, etc. If the clerk refuses to file your lien and you have no witnesses, it’s really just your word against his or hers. And if the clerk refuses to provide a written explanation for his refusal, it’s still your word against his.

However, if you bring witnesses, the officials will be more intimidated and less likely to refuse your lawful Demands in the first place. It may take a little persuasion, but if the clerks begin to suspect they are being “trapped” into a potentially litigious situation, they’ll be more likely to cooperate and file your lien or call their boss (and thereby generate more witnesses, and more public controversy). If the clerks, officials, etc. still refuse to do their sworn duty, your witnesses and their affidavits will provide a solid foundation for pursuing stronger legal remedies.

Finally, as is always the case with instructions, forms, etc., bear in mind that the following recommendations were not provided by a licensed lawyer, or “sanctified” by some judge. What follows is only a study guide intended to outline one man’s notion on how to compel government officials to do their sworn or lawful duty. Before you apply any or all of these recommendations, you must do the necessary research to confirm the strategy is valid and can be lawfully applied to your local county clerk, recorder of deeds, Sheriff etc. – Editor

When a county clerk, recorder of deeds, etc. “refuses to record”:

1. Get a written explanation, reason or “excuse” from clerk who refuses to record your document. This is the First link in your “chain of evidence”.

2. As per your state Uniform Commercial Code section 3-505/501, send a “Notice and Demand For Exhibition Or Presentment Without Dishonor” by certified mail to the office (county clerk, recorder of deeds, etc.) that refused to accept your lien. In that “Notice and Demand”, demand that they produce for your inspection:

a) The Statute or Law passed by the Legislature which authorizes them to condemn the “Public” records for their personal and private use;

b) Their personal Bar/ Lawyer I.D. Number issued by the State Bar or State Supreme Court which authorizes them to make “Legal Determinations”; and,

c) The Statute of Law passed by the Legislature which authorizes them to edit and/or censor documents prior to recording.

Give them reasonable time (30 days) to comply with your DEMAND to prove written authority, and then put them ON NOTICE that the “Law of Principal and Agent” specifies that “The Agent is personally liable for acts not authorized by the Principal.” As such, unless there are laws granting the clerk the power to refuse to record certain documents, the clerk/agent has no corporate veil of immunity for his or her refusals and may be personally vulnerable to a lawsuit.

3. If, after the reasonable time has elapsed, and they have failed to produce the written “authority” you Demanded, send a Notice Of Default by certified mail, notifying them that they have defaulted by not answering. In it, provide them with a “right to cure” their Default by recording your original lien (or other documents) without further interference, or suffer the consequences. Allow 10 to 30 days for their response.

4. If they don’t respond in the 10 to 30 days, send them certified mail, a “Notice of Amount Due” for the damage caused by their injury to you (or your Property Rights) by their defalcation, dereliction of duty, default, and unauthorized “Refusal to Record” in a “sizable amount” ($1,000??). Again, give them reasonable time (30 days) to pay you.

5. After the 30 days reasonable time has passed (plus 4 or 5 days for the mail), send them certified mail a “Final Notice of Amount Due” for the damage caused by their injury to you. Again, give them reasonable time (30 days) to pay you the amount of damages you’ve demanded.

6. If they don’t pay your “Final Notice” Demand in 30 days (plus 4 or 5 days for the mail), go to the County Elected Peace Officer (Sheriff), present copies of the two certified mail Demands for payment, sign a “Distress Warrant” or “Distraint Warrant” stating that you have NOT been paid, and have the Sheriff go get your money or sell the clerk’s car, mobile home, boat-motor-trailer, or whatever, to get your money for you (just like the “Consumer Finance” lenders and the IRS do).

7. At any stage of this “procedure”, you can send the offending clerk(s) a letter and “offer to settle” (“Right to Cure Default”) if they will “perform their sworn duty” and “Record without debate” your document or lien. If they fail or refuse, go on to the next step in the procedure. The purpose of this procedure is to force them to do what they are paid to do, not to sell their car, boat, whatever. Even after the sheriff takes some of their property, you might still offer to give them back their car (or whatever) if they will “Record” your document without further question. This is to show “Good Faith”.

8. If the Sheriff refuses to perform his Sworn Duty to execute upon your “Distraint Warrant”, inform him that you personally will perform his sworn duty FOR HIM, and on his behalf. Inform him, also, that the newspapers will be informed that he has refused to perform his own sworn duty but continues to cash his pay check, and that this constitutes FRAUD by him since he only performs “Selective Enforcement” of the law – which is unlawful. Inform him that the resultant publicity may have a negative impact on his chances for running for reelection, and that you may have to sue him in his personal capacity for money damages due to his Dereliction of Duty, Defalcation, Embezzlement of Public Funds, and damage due to his injury to you and/or to your property rights.

9. Send the Sheriff by certified mail a “Notice and Demand for Production or Exhibition Without Dishonor” of the Law or statute that authorizes him to:

a) perform “selective enforcement” of the Law;

b) accept the People’s pay and not execute on lawful Warrants;

c) personally edit and censor documents, or refuse to perform his duty under his sworn oath (which is PERJURY).

10. If either the Sheriff or the Recorder of Deeds says that they take their “orders” from some government lawyer, get that in writing! This “Admission/ Confession” becomes the Second link in the “Chain of Evidence” or the “Preponderance of Evidence” that you will be creating.

After, and only after, you have the above “Admission and Confession” in writing, leave their office. (Alternatively, you might bring one or two witnesses with you who will later provide affidavits describing what the Sheriff or Recorder said.) Then perform the previous certified mail step#2 and add item:

d) provide the Statute of Law passed by the Legislature that authorizes them to relinquish their office over to another (whoever – regardless of whether they’re government attorneys or not) while continuing to accept and negotiate (cash) their pay check after having turned over their office to said “other”.

Remember, you are exposing a HUMONGOUS scam. The lawyers’ club has usurped the government from the Legislature and from the People, and you are exposing this fact. Do not expect Satan to give up easy and go home. He and his minions never have before, so why expect them to now? They are all part of the “New World Order” and they are the “Politburo” of the party. They truly believe that they are the “chosen few” to dictate the lives of the “Sheeple” on behalf of the World, Corporate, “Money Mafia” Bankers.

MORE HELPFUL INFORMATION:

When dealing with the registrar or recorder don’t allow them to make any legal determinations for you. If they say ‘this doesn’t look right’, or ‘this doesn’t seem legal’, or ‘I don’t think you can terminate the IRS’s lien’, or any other such unsolicited legal opinions, answer this way: “I have not hired you to represent me. I do not give you permission to make a legal determination for me. If you do make a legal determination for me without my permission, you are practicing law without a license. Practicing law without a license is a commercial crime. You can also research your state code. Look for the section concerning crimes against justice. You’ll probably find two or three sections pertaining to: destroying and stealing public records; conspiracy to defeat enforcement of laws; destroying or stealing records by officer in charge.

This information, along with the penalties of course, can be made into a notice you can use when you go to get your legal instruments recorded. Suggest that the recorder just stick to his or her job, which is to record legal instruments like your UCC3s. Stand your ground and be persistent, but not abusive. If the recorder refuses you no matter what, you should proceed at once to use any and all legal options against him. Get the criminal charges filed first. Bring copies of the complaints and arrest reports along with your affidavits to the bondholder. Make sure the bondholder knows that you intend to make him criminally liable as well if he continues to carry a bond on this person. The affidavits showing wrongdoing on the part of the recorder and how you were damaged as a result, along with copies showing the man has been criminally charged and arrested for actions he took while on duty in his bonded capacity, should be very effective.

Bring a tape recorder in a pocket or purse. You can’t use the tape as evidence, but it’ll help you with details if you need to make affidavits to revoke his bond.

If you ruin his career, the guy who replaces him will have learned a lot about who’s in charge and will be much more accommodating.

Even after you get these notices terminated you may still have trouble with an employer if a notice of levy shows up. You can contact American Rights Litigators at phone # 352-383-9100 352-383-9100. They can help by writing very professional letters for you to use on any third parties, such as banks and employers. Remember, you want the resultant document, the release of lien. The same laws under “crimes against justice” apply here as well. The registrar is not allowed to withhold the resultant document from you.

Point out that their incorrect recording of the IRS668 notice has caused damage to you.

The IRS668 notice should be recorded as a notice and not a lien. When they record it in the lien book, it becomes negotiable and enforceable.

This is the root of the problem.

*ATTENTION California and possibly other states: Recent info coming out of California indicates the state code has been changed to allow the recorder to edit and/or refuse your legal instruments. Do not despair. A friend in California reports he has dug up the legal remedy. Apparently the Secretary of State now has the power/burden.

If the county recorder refuses you, you can have your legal instrument “served” on the Secretary of State. He is required to record it. This, of course will still not get your UCC3 into the county recorder’s office, where it belongs, so the following is suggested: Include a cover letter informing him that: Since your right to record legal instruments at the County of (name of county) has been compromised through legislation, you expect HIM to represent you at your county and to certify the recording of your legal instrument there as well. Mention that you want to be notified by mail of the certification of your legal instrument at said county recorder’s office.

Details on “served” are sketchy. It might just mean certified mail. Find out. Research your state code.

After you get it all done, please help someone else with theirs. Be their coach or witness. We’ve got to work together.

Embezzlement Isn’t a Crime

Don’t confuse swindling with embezzlement, as they are two different things. Embezzlement is the unlawful appropriation of another person’s property by someone in a position of trust.

Swindling means getting their hands on your property under false pretenses by lying, cheating or tricking you at the time a property is transferred and makes you transfer your title to him/her instead.

Now this slight confusion over larceny and embezzlement means there is a bit of an overlap in some statutes in a few states. Larceny involves the illegal taking of property right from the get-go and embezzlement is the wrongful appropriation carried out after the initial lawful taking.

In all instances when you are facing charges in either of these areas, talk to a Dallas criminal defense attorney who knows what they are doing to formulate a defense. Most people know embezzlement as being a crime where people that are entrusted with other’s property steal it from them – bankers, corporate managers, lawyers and agents. It is all too easy to get their hands on others people’s property when in a position of power and trust. Interestingly enough the statutes don’t specifically spell out who is liable for embezzlement, but they do outline the type of property that may be embezzled – stocks, promissory notes, bonds, checks, commercial paper, intangible personal property, deeds and contracts.

Be aware that not every state has the same definitions and speaking to a lawyer in situations like this is an absolute must. For instance, some states simply say property is anything that can be subject to larceny. In others, property requirements are broader and may penalize the embezzlement of real and personal property. There are a variety of elements needed to make this type of charge and they too vary from state to state. Your Houston criminal defense lawyer will be able to advise you of which statutes apply in any given case. Generally speaking though, the elements of embezzlement are: that the property must belong to another person besides the accused (a principal or employer) and the property must be converted (embezzled) subsequent to the defendant’s original lawful possession of it. The third element is the defendant must be in a position of trust, so that holding the property is a fiduciary duty and there must be the intent to defraud the owner at the time of the embezzlement/conversion.