White Collar Crimes

• • • (I) With the intent to promote the commission of a criminal offense; or

    • (II) With knowledge or a belief that the transaction is designed in whole or in part to:

      • (A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or

      • (B) Avoid a transaction reporting requirement under federal law;

  • (b) Transports, transmits, or transfers a monetary instrument or moneys:

    • (I) With the intent to promote the commission of a criminal offense; or

    • (II) With knowledge or a belief that the monetary instrument or moneys represent the proceeds of a criminal offense and that the transportation, transmission, or transfer is designed, in whole or in part, to:

      • (A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or

      • (B) Avoid a transaction reporting requirement under federal law; or

  • (c) Intentionally conducts a financial transaction involving property that is represented to be the proceeds of a criminal offense, or involving property that the person knows or believes to have been used to conduct or facilitate a criminal offense, to:

    • (I) Promote the commission of a criminal offense;

    • (II) Conceal or disguise the nature, location, source, ownership, or control of property that the person believes to be the proceeds of a criminal offense; or

    • (III) Avoid a transaction reporting requirement under federal law.C.R.S. § 18-5-309(1).

• Forgery (class 5 felony) - with intent to defraud, a person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed money, stock, deed, lottery ticket, false ID producer, etc.C.R.S. § 18-5-102(1).

• Identity Theft (class 4 felony) - A person commits identity theft if he or she:

  • (a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;

  • (b) Knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;

  • (c) With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;

  • (d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit; or

  • (e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.C.R.S. § 18-5-902(1).

• Criminal Impersonation (class 6 felony) - a person knowingly:

  • (a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she:

    • (I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter;

    • (II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or

    • (III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or

  • (b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she:

    • (I) Performs an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or

    • (II) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.C.R.S. § 18-5-113.

• Simulation (class 1 misdemeanor) - with intent to defraud, a person makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or with knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified above.C.R.S. § 18-5-110(1).

• Trademark Counterfeiting (class 1 or 2 misdemeanor) - a person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute marks, goods, or services that the person knows are, bear, or are identified by one or more counterfeit marks and has possession, custody, or control of more than twenty-five items bearing a counterfeit mark. C.R.S. § 18-5-110.5(1).

• Insurance Fraud (class 1 misdemeanor or class 5 felony) – a person commits insurance fraud if the person does any of the following:

  • (a) With an intent to defraud presents or causes to be presented in written, verbal, or digital form an application or request for the issuance, modification, or renewal of an insurance policy, which application or request, or documentation in support of such application or request, contains false material information or withholds material information that is requested by the insurer and results in the issuance of an insurance policy or insurance coverage for the applicant or another;

  • (b) With an intent to defraud presents or causes to be presented any insurance claim, which claim contains false material information or withholds material information;

  • (c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim;

  • (d) With an intent to defraud presents or causes to be presented an insurance claim where the loss or damage claimed occurred outside of the period of time that coverage was in effect for the applicable contract of insurance or policy unless otherwise permitted under the contract of insurance or policy; or

  • (e) With an intent to defraud presents or causes to be presented any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information.C.R.S. § 18-5-211(1).

• Bribery in Sports (class 6 felony) - A person commits bribery in sports if:

  • (a) He confers, or offers or agrees to confer, any benefit upon or threatens any detriment to a sports participant with intent to influence him not to give his best efforts in a sports contest; or

  • (b) He confers, or offers or agrees to confer, any benefit upon or threatens any detriment to a sports official with intent to influence him to perform his duties improperly; or

  • (c) Being a sports participant, he knowingly accepts, agrees to accept, or solicits any benefit from another person upon an understanding that he will thereby be influenced not to give his best efforts in a sports contest; or

  • (d) Being a sports official, he knowingly accepts, agrees to accept, or solicits any benefit from another person upon an understanding that he will perform his duties improperly; or

  • (e) With intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official, or any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest.C.R.S. § 18-5-403(2).

Because many of the above crimes usually involve a theft as well, if you are charged with a white-collar crime, you will likely also be charged with theft, with the class of felony or misdemeanor based on the amount of money defrauded.  While some white-collar crimes can carry potentially lengthy jail sentences, most white-collar crimes are punished less stringently. Because most white-collar crimes are crimes against property and do not involve violence, courts are less likely to sentence you to prison.  However, probation will include the repayment of restitution for the amount of money defrauded and sometimes special economic conditions, where a probation officer has wide access to your financial transactions. If you have been charged with a white-collar crime, you need to speak with an attorney familiar with these cases.  Contact the Law Office of Michael Swink today to discuss your case.