If you are under investigation or charged with a financial crime in Minnesota, remain silent and request counsel immediately. White collar charges—including fraud, embezzlement, forgery, identity theft, and money laundering—carry penalties ranging from misdemeanor to 20 years in prison depending on the amount involved and number of victims. Investigations are often lengthy; early legal counsel can protect your rights before charges are filed.
White Collar Crime FAQs
What should I do if I am under investigation for a financial crime?
Do not speak with investigators, destroy documents, or alter electronic records. Request an attorney immediately. White collar investigations often begin months before charges are filed. Early counsel can evaluate the scope of the investigation, respond to subpoenas, and protect your rights during interviews or grand jury proceedings.
What crimes fall under white collar offenses in Minnesota?
White collar offenses include theft by swindle under § 609.52, embezzlement under §§ 609.52 and 609.54, forgery under § 609.63, check forgery under § 609.631, identity theft under § 609.527, and money laundering under §§ 609.496–609.497. Federal charges may also apply depending on the scope.
When does a white collar crime become a felony?
Most financial crimes become felonies when the amount exceeds $1,000 under the general theft statute. Forgery and check fraud become felonies at $2,500. Identity theft escalates with the number of victims—three or more triggers a felony. Money laundering is always a felony in Minnesota regardless of amount.
What defenses may apply to white collar charges?
Potential defenses include lack of intent to defraud, good-faith belief in authority, insufficient evidence of knowledge, entrapment, and challenges to the financial evidence or forensic accounting. Motions may address overbroad subpoenas or unlawfully obtained records. Strategy depends on the specific facts and charges.
Minnesota White Collar & Financial Crimes Representation
A white collar charge in Minnesota can result in prison time, substantial fines, restitution orders, professional license revocation, and lasting damage to your career and reputation. Ashley Heaney, Attorney at Law, provides thorough defense representation for clients facing financial crime allegations throughout Minnesota. We examine every aspect of the case—from the investigation's origin to forensic accounting and witness testimony—to identify procedural errors, constitutional violations, and weaknesses in the prosecution's evidence.
Fraud & Theft by Swindle
Fraud and theft by swindle under § 609.52 involve obtaining property or services through intentional deception. Penalties range from a misdemeanor for amounts under $500 to up to 20 years in prison for amounts exceeding $35,000. We scrutinize the evidence of deception, intent, and the claimed valuation of losses.
Embezzlement
Embezzlement involves the misappropriation of funds or property entrusted to an individual, often in a professional or fiduciary capacity. Charges are brought under §§ 609.52 and 609.54 with penalties escalating based on value—up to 10 years for amounts over $2,500 and 20 years for amounts over $35,000. We analyze financial records and challenge the prosecution's accounting.
Forgery & Check Fraud
Forgery under § 609.63 and check forgery under § 609.631 involve creating, altering, or using false documents or instruments with intent to defraud. Check fraud penalties range from a gross misdemeanor for amounts under $2,500 to up to 20 years for amounts over $35,000. We challenge authenticity findings, chain of custody, and intent.
Identity Theft
Identity theft under § 609.527 involves using another person's identity to commit fraud or other crimes. Penalties escalate with the number of victims—up to 20 years in prison and $100,000 in fines for eight or more victims or losses exceeding $35,000. We evaluate the digital evidence, access records, and attribution of the alleged conduct.
Money Laundering
Money laundering under §§ 609.496 and 609.497 involves concealing the source of proceeds from criminal activity. It is always a felony in Minnesota, carrying up to 20 years in prison and fines up to $1,000,000. Federal charges may apply if the conduct crosses state lines. We challenge the connection between funds and alleged criminal activity.
Federal Overlap & Collateral Consequences
Many white collar cases involve parallel state and federal investigations. Federal charges carry separate sentencing guidelines and often longer sentences. Beyond criminal penalties, convictions can trigger professional license revocation, debarment, immigration consequences, and civil liability. We address the full scope of consequences when building a defense strategy.