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East Hartford, CT criminal defense attorney white collar crime

White collar crime is a type of typically nonviolent financial crime that usually involves some sort of financial gain. White collar crimes are often perpetrated by offenders who have been entrusted with certain financial information, which is why the penalties for committing a white collar crime can be severe. Successfully prosecuting a white collar crime requires sufficient evidence, which can come from various people and places. However, when it comes to getting evidence from an individual’s spouse, there are certain protections that exist that protect couples from having to reveal communications made in private with one another.

What Is the Marital Communications Privilege?

In the 1850s, the marital communications privilege was created and originally existed in U.S. law as an attempt to preserve the sanctity of marital conversation, therefore encouraging free and open communication and strengthening the marital bond. Both spouses retain the marital communications privilege, meaning either spouse can invoke the privilege at any time, as long as the three required elements exist. If a spouse wishes to keep certain communications confidential, he or she must be able to prove that:

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fraud, Hartford personal injury attorneyWhen you are involved in a car accident, it is common to be left feeling confused, uncertain, and overwhelmed. If you are injured, things may seem even worse. Accident victims often rely on their insurance companies to help them with the financial aspects of recovery and getting the money they need to put their lives back together. In some cases, however, it is the insurance company that is the victim, and the ramifications can be extremely serious.

Dozens of Staged Crashes

Last month, a federal jury in New Haven handed down a conviction for two men charged with fraud and conspiracy related to a string of staged car accidents between 2011 and 2016 in and around Norwich. Four other men pleaded guilty last August. The men were part of a ring that swindled hundreds of thousands of dollars from various insurance companies by staging car crashes and then filing insurance claims for damages and bodily injuries.

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Posted by on in Criminal Law

federal white collar crime, Harford criminal defense lawyerWith incidents like the Enron scandal and the Bernie Madoff Ponzi scheme gaining such notoriety in recent years, white collar crime has become a much more public topic. In fact, white collar crime currently makes up almost 10 percent of the federal docket, according to Department of Justice Statistics, as reported by Fortune Magazine. This measurement is particularly important because of the intense role that the federal government plays in prosecuting white collar crime. Although many of the practices that comprise white collar crime are illegal under Connecticut law as well, the majority of the prosecutions in Connecticut are federal in nature. These white collar prosecutions can cover a variety of different unique crimes, including fraud, tax evasion, embezzlement, and money laundering.

Fraud

Fraud is one of the most common types of white collar crime prosecuted because the term is an umbrella for a variety of different types of offenses. In general, fraud is a crime that entails a person deceiving someone else for pecuniary gain. One common example of this is a Ponzi scheme, which involves a person defrauding investors by reporting inflated returns to encourage continued investment, while spending the money the investors provide rather than actually investing it.

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Connecticut white collar crimes lawyerWhite collar crime is a broad term that has always been difficult to define. According to the FBI, there are two major ways of defining what white collar crime is. First, it can be defined by the offender. Under this definition, white collar crimes are those committed by people who are wealthy or high up in the social strata, or by people whose jobs place them in positions of trust. Second, it can be defined by the types of offense, probably the more common of the two definitions. Under this view of white collar crime, it is an economic offense, a nonviolent crime, usually some sort of theft or fraud.

Examples of White Collar Crime

Examples of white collar crime run the gamut from tax evasion to securities fraud to embezzlement. Some of these are punished by both state and federal law, while others are almost exclusively prosecuted by federal agencies. A good example of the first type is embezzlement. Connecticut law criminalizes embezzlement as a type of larceny.

Embezzlement is a special type of theft, where someone steals money that he or she is legally allowed to have access to, but not ownership of. For instance, an employee who was tasked with depositing company funds at the bank would be guilty of embezzlement if he or she stole those funds, since he or she was allowed to have access to the money but not ownership of it. Embezzlement is also punished by federal law, especially in certain circumstances such as embezzlement by a bank officer or in relation to health care.

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