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Financial Crimes

“Financial crime,” also called “white collar crime,” can refer to any criminal allegation that involves a nonviolent crime that illegally obtains financial gain through deception. This includes any type of fraud. White collar charges can be state or federal and can result in extensive prison time, massive fines, and may require you to pay restitution.

Financial crimes often involve complicated matters. It’s important that your representative in these cases have experience, so they know how to build a strong defense strategy around your case.

Des Moines Financial Crime Lawyer

At McCarthy & Hamrock, P.C., our criminal defense attorneys have more than four decades of combined experience as lawyers and have handled many fraud cases, both state and federal. You can have a skilled Des Moines financial crime lawyer on your side. We will work to build a defense that will challenge the prosecution’s evidence and show the reasonable doubt in their case. Call us today at (515) 279-9700 to schedule a free consultation.

Based in West Des Moines, our lawyers handle cases throughout Polk and Dallas Counties, including in Des Moines, Urbandale and Ankeny, and anywhere in the state of Iowa. For those facing federal charges, we are licensed in all Iowa federal courts.

Iowa Financial Crime Information Center

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Federal Fraud Charges in Iowa

Any time an allegedly fraudulent action crosses state lines, uses a federal system or attempts to defraud a federal agency may be prosecuted by the federal government. If prosecuted by the federal government, you will face charges in federal court and, if convicted and sentenced, go to federal prison.

Medicare and Medicaid fraud are some of the most common charges, and since they are both federal programs, federal charges may be brought. Medicaid and Medicare fraud may be brought against healthcare providers who are alleged to have billed the program for services they did not provide, or that were not medically necessary.

If the alleged fraud involved anything sent over the U.S. Postal System or telecommunications systems, including the internet, mail fraud and/or wire fraud charges may be brought. Wire fraud includes alleged frauds that involve websites like eBay or Craigslist. Mail and wire fraud charges are often brought alongside other white-collar charges.

Federal tax evasion is another area in which federal charges might apply.

If you are facing federal fraud charges, your attorney must be licensed in federal court. While prosecutors must still prove all elements of their charge beyond a reasonable doubt, different rules and procedures apply. At McCarthy & Hamrock, P.C., our Des Moines criminal defense attorneys are licensed to represent the accused in Iowa federal courts and experienced in representing those accused of federal charges.

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Polk County White Collar Crimes

Credit Card Fraud (Iowa Code 715A.6): A person commits credit card fraud if he or she uses a credit card knowing it is stolen, forged, revoked, canceled or that its use was otherwise not authorized. This can include debit cards, as well. If the property or services being bought are more than $10,000, it is a Class C felony. If it is between $1,000 and $10,000, it is a Class D felony. Any amount less is an aggravated misdemeanor.

Identity Theft (Iowa Code 715A.8): Identity theft involves using one or more of several identifying features, including a name, social security number, driver’s license number, or signature to obtain anything of value, including a loan, credit card, or ID. The classification of the offense depends on the value of what was being sought using the false identity: If it was more than $1,000, it is a Class D felony. Anything less is an aggravated misdemeanor.

Forgery (Iowa Code 715A.2): Forgery involves altering any document or fabricating a document with the intent to defraud. It can be a Class D felony if the document was intended to represent money or securities if it was supposed to represent stocks, bonds, or any other claim against a company if it was a check, or if any document purporting to represent employment.  If it was a will, deed, or any other document representing legal interests, it is an aggravated misdemeanor.

Tampering With Records (Iowa Code 715A.5): If a person is alleged to have falsified, destroyed, or hidden any kind of document with the intent to deceive or injure someone, or to conceal some other wrongdoing, then that person may be charged with Tampering With Records, an aggravated misdemeanor. The records do not have to be government records.

Bad Checks (Iowa Code 714.1(6)): It is illegal, and a theft charge, for a person to write a check knowing that either there are insufficient funds or that the account does not exist. If there are insufficient funds, a person can pay within 10 days of receiving notice. If he or she does not, the court can infer that the person knew there were insufficient funds. A hot check for more than $10,000 is a Class C felony. If between $1,000 and $10,000, it is a Class D felony. Between $500 and $1,000 is an aggravated misdemeanor. Between $200 and $500 is a serious misdemeanor, and anything less is a simple misdemeanor.

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Penalties for Des Moines Financial Crimes

  • Simple Misdemeanor: Up to 30 days in jail and a fine from $65 to $625
  • Serious Misdemeanor: Up to 1 year in prison and a fine from $315 to $1,875
  • Aggravated Misdemeanor: Up to 2 years in prison and a fine from $625 to $6,250
  • Class D Felony: Up to 5 years in prison and a fine from $750 to $7,500
  • Class C Felony: Up to 10 years in prison and a fine from $1,000 to $10,000

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McCarthy & Hamrock, P.C. | Polk County White Collar Crime Attorney

If you face charges of fraud, forgery, or any other white-collar criminal charge, you can have an experienced Des Moines financial crime lawyer on your side. Our criminal defense attorneys will put our combined experience of about 40 years to work for you, challenging the prosecutor’s claims and showing the holes in their case. Call us today at (515) 279-9700 to schedule your free consultation.