“Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team at The Joslyn Law Firm, have handled hundreds of criminal cases and helping their clients obtain the best results possible.”

Financial Crimes

Criminal offenses that are financial in nature are frequently referred to as “white collar crime.” Many people have a tendency to complain that the punishments for higher-profile cases like these rarely fit the crimes, but make no mistake; prosecutors in Ohio will pursue maximum fines and lengthy imprisonment.

Despite the scandalous nature of some of these charges, the people who are accused of these types of offenses are frequently unaware that they were involved in a criminal operation. In such cases, it is critical for the wrongly accused to have highly capable legal representation.

Cincinnati Financial Crimes Lawyer

If you have been accused of committing a white collar crime, you should contact an experienced criminal defense attorney as soon as possible. Joslyn Law Firm represents clients all over the greater Cincinnati area and aggressively pursues the most favorable outcomes to these types of charges.

Brian Joslyn will fully investigate your case to determine all weaknesses in the prosecution’s case, and he can work to get the charges against you significantly reduced or completely dismissed. Call to have him review your case during a free, confidential consultation.

Cincinnati, Ohio Financial Crimes Overview

• What kinds of offenses does this include?
• How might a person be punished if he or she is convicted?
• Which defenses can a person use against these types of charges?

Back to top

Types of Ohio Financial Crimes

Some of the white collar crimes in Cincinnati include:

• Forgery, Ohio Revised Code § 2913.31 — If a person, with purpose to defraud, or knowing that the person is facilitating a fraud, forges another person’s writing without their authority, forges any writing to make it appear genuine, forges an identification card, or sells a forged identification card, and:

• The value of the property or services or the loss to the victim is less than $7,500, this is a fifth-degree felony.
• The value of the property or services or the loss to the victim is $7,500 or more but less than $150,000, this offense is a fourth-degree felony.
• The value of the property or services or the loss to the victim is $150,000 or more, this offense is a third-degree felony.
• If the victim of the offense is an elderly person or disabled adult, and the value of the property or services or the loss to the victim is $1,000 or more but less than $7,500, this is a fourth-degree felony.
• If the victim of the offense is an elderly person or disabled adult, and the value of the property or services or the loss to the victim is $7,500 or more but less than $37,500, this is a third-degree felony.
• If the victim of the offense is an elderly person or disabled adult, and the value of the property or services or the loss to the victim is $37,500 or more, this is a second-degree felony.

• Identity Fraud, Ohio Revised Code § 2913.49 – If a person, without the express or implied consent of the other person, uses, obtains, or possesses any personal identifying information of that person with the intent to hold the person out to be the other person or represent the other person’s personal identifying information as the person’s own personal identifying information, and:

• The value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is less than $1,000, this is a fifth-degree felony.
• The value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $1,000 or more but less than $7,500, this is a fourth-degree felony.
• The value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $7,500 or more but less than $150,000, this is a third-degree felony.
• The value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $150,000 or more, this is a second-degree felony.
• If the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, and the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is less than $1,000, this is a fourth-degree felony.
• If the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, and the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $1,000 or more but less than $7,500, this is a third-degree felony.
• If the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, and the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $7,500 or more but less than $150,000, this is a second-degree felony.
• If the victim of the offense is an elderly person , disabled adult, active duty service member, or spouse of an active duty service member, and the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is $150,000 or more, this is a first-degree felony.

• Medicaid Fraud, Ohio Revised Code § 2913.40 — If a person knowingly makes or causes to be made a false or misleading statement or representation for use in obtaining reimbursement from the Medicaid program, and:

• The value of property, services, or funds obtained is less than $1,000, this is a first-degree misdemeanor.
• The value of property, services, or funds obtained is $1,000 or more but less than $7,500, this is a fifth-degree felony.
• The value of property, services, or funds obtained is $7,500 or more but less than $150,000, this is a fourth-degree felony.
• The value of property, services, or funds obtained is $150,000 or more, this is a third-degree felony.

• Insurance Fraud, Ohio Revised Code § 2913.47 – If a person, with purpose to defraud or knowing that the person is facilitating a fraud, either presents or causes to be presented to an insurer any written or oral statement that is part of or in support of an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, or assists, aids, abets, solicits, procures, or conspires with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, and:

• The amount of the claim that is false or deceptive is less than $1,000, this is a first-degree misdemeanor.
• The amount of the claim that is false or deceptive is $1,000 or more but less than $7,500, this is a fifth-degree felony.
• The amount of the claim that is false or deceptive is $7,500 or more but less than $150,000, this is a fourth-degree felony.
• The amount of the claim that is false or deceptive is $150,000 or more, this is a third-degree felony.

• Extortion, Ohio Revised Code § 2905.11 — If a person, with purpose to obtain any valuable thing or valuable benefit or to induce another to do an unlawful act, threatens to commit any felony, threatens to commit any offense of violence, violates § 2903.21 or § 2903.22 of the Ohio Revised Code, or utters or threatens any calumny against any person, this is a third-degree felony.

• Engaging in Corrupt Activity, Ohio Revised Code § 2923.32 — If a person participates in or conducts corrupt activity when they are employed by or are associated with any enterprise, acquires or maintains, directly or indirectly, any interest in, or control of, any enterprise or real property through a pattern of corrupt activity or the collection of an unlawful debt, or knowingly receives any proceeds derived, directly or indirectly, from a pattern of corrupt activity or the collection of any unlawful debt, this is a second-degree felony. However, if the corrupt activity is a felony of the first, second, or third degree, aggravated murder, or murder, this is a first-degree felony.

Back to top

Penalties for Cincinnati Financial Crimes

Depending on the specific classification of the crime a person is convicted of, the consequences can vary. Some of the sentencing guidelines include:

• First-Degree Misdemeanor — Maximum sentence of 180 days in jail and fine of up to $1,000

• Fifth-Degree Felony — Maximum sentence of 12 months in prison and fine of up to $2,500

• Fourth-Degree Felony — Maximum sentence of 18 months in prison and fine of up to $5,000

• Third-Degree Felony — Maximum sentence of five years in prison and fine of up to $10,000

• Second-Degree Felony — Maximum sentence of eight years in prison and fine of up to $15,000

• First-Degree Felony — Maximum sentence of 11 years in prison and fine of up to $20,000

Back to top

Ohio Financial Crimes Defenses

Every white collar crime case is different, but some of the defenses that have successfully resulted in favorable resolutions include, but are not limited to:

• Constitutional rights violations

• Duress

• Entrapment

• Hearsay

• Illegal search and seizure

• Lack of evidence

• Misidentification

• No criminal intent

Back to top

Find the Best Financial Crimes Lawyer in Cincinnati

Joslyn Law Firm always has the best interests of its clients in mind and will fights relentlessly on your behalf. We will work directly with you, answering all of your questions and addressing all of your concerns.

Brian Joslyn understands white collar crime charges and knows which defenses will help you achieve the most favorable result to your case. He can review your case during a free legal consultation as soon as you call (513) 399-6289.

This article was last updated on Friday, November 20, 2015.