The Federal Bureau of Investigation (FBI) defineswhite collar crime as crimes characterized by “deceit concealment, or violation of trust” that are also not “dependent on the application or threat of physical force or violence.” Usually, motivation behind a white collar crime is some type of financial gain. A common type of white collar crime is credit card fraud, and Illinois treats credit card fraud cases very seriously.

Credit Card Fraud in Illinois

There areseveralinstances in which a credit card fraud charge could be brought. Essentially, credit card fraud involves the improper use or possession of a credit card, whether it be your own credit card orsomeone else’s credit card. Examples of credit card fraud include:

Many people in Illinois have heard the term “white collar crime,” although they are unsure of its true definition. In this case, some think of investment bankers embezzling millions from their corporate office. Or, others maythinkof someone forging a document. Ultimately, white collar crime includes a wide variety of crimes. Due to the severity ofthe penalties, it is imperative that you reach out to an attorney immediately for helpif you are facing white collar crime charges.

What is white collar crime?

The FBI characterizes white collar crime by deceit, concealment, or violation of trust. There is no need for there to be a threat of physical force or violence. White collar crime usually involves theft or retrieval of financial assets with the intent of personal gain. This includes the theft or retrieval of data, too, not just monetary assets.

White collar crimes, especially the crime of forgery, have been featured prominently in the news recently. The crime of forgery is committed when an individual drafts or alters a writing with the intent to defraud another. However, it is important to note that each state in the U.S. defines forgery slightly differently in their respective criminal codes.

In Illinois, according to code section 720 ILCS 5/17-3, forgery is committed in Illinois when a person knowingly, and with the intent to defraud:

• Falsifies a document in order to defraud another,
• Issues or delivers a falsified document while knowing it to be false,
• Possesses a falsified document with the intent to issue or deliver it while knowing it to be false,
• Illegally uses someone else’s digital signature, or
• Illegally uses someone else’s signature device in order to create an electronic signature for that person.

Penalties

Counterfeiting is a serious crime that involves the illegal and unauthorized reproduction of legal tender (i.e., money), goods or documents that is made in a way that would likely fool an unsuspecting recipient of the counterfeited item. It is a form of fraud with very serious consequences. Common examples of counterfeiting include:

• Counterfeit U.S. or foreign currency;
• Counterfeit government issued bonds;
• Counterfeit educational degrees;
• Counterfeit legal documents (i.e., passports, birth certificates, immigration papers, Social Security cards, etc.);
• Counterfeit common goods, which includes knock off products;
• Counterfeit of a trademark;
• Counterfeit credit cards or debit cards;
• Counterfeit luxury goods, such as name brand watches, sunglasses or purses; and
• Counterfeit checks.

Advances in printing technology have made it substantially easier to commit this white collar crime than in decades past. This means that more people have the ability to create counterfeit items with a high level of accuracy in terms of resembling the real thing. Counterfeiting is usually a fairly large operation, as it requires someone to make the counterfeit item, but operations also often include someone to sell the counterfeit item. Simply being caught with a counterfeit item with the intent to distribute or sell the item is illegal.

Counterfeiting Laws

Falsifying financial documents can take many forms: falsifying tax returns, bank statements, financial records, accounting documents, earnings reports, securities information, income statements, signatures, and checks are all actions that are meant to deceive the recipient of the falsified document into believing one thing, when the truth is another. These types of white collar crimes constitute deception-based crimes, which take advantage of someone else for personal financial gain.

Forgery

Under 720 ILCS 5/17-3, a person is guilty of committing forgery if he or she knowingly makes a false document or alters a document to make it false with the intent to defraud someone such that the forged document is capable of defrauding another. Forgery can including knowingly giving someone a forged document, with the intent to defraud the recipient, or simply being found in possession of a forged document with the intent to deliver the forged document to someone, with the intent to defraud.