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Cappolino, Dodd, Krebs LLP

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FAQ
What is white collar crime?
White collar crimes typically refer to a type of crime committed by business people, entrepreneurs, public officials, and professionals through deception, as opposed to street crimes which tend to involve force and violence. Examples of white-collar crimes include embezzlement, bribery, extortion, larceny, fraud, bankruptcy, telemarketing, insurance, and mail fraud, securities and commodities law violations, environmental law violations, price fixing, racketeering, loan sharking, black market operations, obstruction of justice and perjury, and computer fraud.
What is larceny?
Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property". Larceny must involve personal property, and it must be capable of being possessed, and carried away. Intangibles cannot be the object of larceny. The commission of larceny requires that someone else’s property actually be taken away, and the intent to take it, without paying for or returning it, must also be present. Both elements are needed by definition for larceny to occur.
What is embezzlement?
Embezzlement is defined as the fraudulent conversion of property of another by a person in lawful possession of that property. Crimes of this nature generally have involved a relationship of trust and confidence, such as an agent, fiduciary, trustee, treasurer, or attorney.
What is the difference between larceny and embezzlement?
The major difference between larceny and embezzlement is the way in which the property changes hands. With larceny, the property is carried away; it was never in the possession of the perpetrator. With embezzlement, however, the perpetrator has lawfully possessed the property, but then has converted it into his/her property.
What is forgery?
Forgery is defined as the making or altering of a false writing with intent to defraud. This is related to the crime of uttering a forged instrument, defined to be offering as genuine an instrument that may be the subject of forgery and is false with intent to defraud.
What is the difference between extortion and blackmail?
The terms extortion and blackmail are terms routinely used interchangeably, that is, obtaining property through the use of either oral or written threats. The threats can be of physical harm, or harm to one's reputation, livelihood, marriage, etc.
What is fraud?
Fraud is defined to be an intentional perversion of truth or a false misrepresentation of a matter of fact which induces another person to part with some valuable thing belonging to him or to surrender a legal right. Federal securities law covers a broad scope of possible types of fraud. Fraud is not limited to the selling of bogus securities. Securities fraud also involves the sale of legitimate securities for illegal purposes.
What is the difference between tax evasion and tax avoidance?
Lawful arrangements of person’s affairs so as to minimize tax are tax avoidance. This is considered lawful. Tax evasion, on the other hand, is a crime. Tax evasion typically involves failing to report income or improperly claiming deductions that are not authorized.
 
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