Financial Crimes Defense Lawyer in Cincinnati

Financial Crimes Defense Lawyer in Cincinnati

Written By: Moermond & Mulligan, LLC

Last Updated: 01-24-2024

Were you accused of theft, embezzlement, fraud, or another type of financial crime in Cincinnati? Were you arrested and charged, or do you believe you might currently be under investigation for a crime? If so, the Cincinnati financial crimes defense lawyers at Moermond & Mulligan, LLC are ready to listen to your story, advise you of your rights, and mount an aggressive defense on your behalf. 

With more than 50 years of combined experience, we understand the complexity of financial crime cases and are committed to protecting your rights, freedom, and reputation. We’re here to help you navigate the often-complicated legal process and will seek the best possible outcome for your case. Help is just a phone call or click away, so reach out to us right away to discuss your situation with a knowledgeable member of our team. 

Table Of Contents

    Types of Financial Crimes in Ohio

    Financial crimes in Ohio encompass a wide range of offenses involving fraud, deception, or misappropriation of funds. Some common types of financial crimes include –

    Embezzlement

    When someone entrusted with managing or controlling funds illegally appropriates those funds for personal use. Embezzlement can involve small amounts or large-scale theft from businesses or organizations.

    Money laundering

    Involves disguising the origin of illegally obtained funds by passing them through complex financial transactions to make them appear legitimate.

    Bank fraud

    Includes any attempt to defraud a financial institution, such as creating false documents, using stolen account information, or engaging in unauthorized transactions.

    Securities fraud

    This type of financial crime involves deception or misrepresentation related to stocks, bonds, or other investment instruments. Examples include insider trading, Ponzi schemes, and market manipulation.

    Tax evasion

    Intentionally underreporting income or overstating deductions to avoid paying the required taxes.

    Insurance fraud

    Making false claims or providing misleading information to an insurance company to obtain benefits or compensation to which one is not entitled.

    Credit card fraud

    The unauthorized use of someone's credit card information to make purchases or obtain cash advances.

    Identity theft

    Using someone else's personal information, such as their Social Security number, to commit fraud or other crimes.

    Mortgage fraud

    This type of financial crime involves providing false or misleading information to obtain a mortgage or manipulating the terms of an existing mortgage.

    Public corruption

    involves abusing public office or authority for personal gain, such as accepting bribes or engaging in kickback schemes.

    Theft Charges in Ohio

    Theft under Ohio law involves taking another person’s property to deprive the owner of that property. This can occur in various ways, such as removing the property without the owner’s consent, using the property beyond the owner’s permission, or through threats, deception, or intimidation.

    The specific theft charge and level of offense are determined by factors like the value of the stolen property, the victim’s age or disability, and whether the theft involved a firearm or drugs. Common theft offenses include –

    Petty Theft

    According to O.R.C. §2913.02, Petty Theft is defined as knowingly obtaining or exerting control over property or services valued at less than $1,000:

    • Without the owner’s consent (or authorized person);
    • Beyond the scope of the owner’s permission; or
    • By threat, intimidation, or deception.

    Petty theft is a 1st-degree misdemeanor, with a maximum sentence of six months in jail and a $1,000 fine.

    Theft

    Theft is defined in O.R.C. §2913.02 as knowingly obtaining or exerting control over property or services valued at $1,000 or more but less than $7,500 –

    • Without the owner’s consent (or authorized person)
    • Beyond the scope of the owner’s consent
    • By threat, intimidation, or deception

    Theft can also be charged under O.R.C. §2913.71, regardless of the property’s value, if the stolen item was a credit card, motor vehicle license plate or stickers, check or other negotiable instruments, or a blank form for any license listed in O.R.C. §4507.01 or a certificate of title. Theft is a 5th-degree felony in Ohio, which carries a prison sentence of six to 12 months and a $2,500 fine.

    Burglary

    Burglary, according to O.R.C. §2911.12, is defined as committing one of the following acts through the use of force, stealth, or deception –

    • Trespassing into an occupied structure when another person is present with the intention of committing any criminal offense;
    • Trespassing into an occupied structure that is someone else’s residence when that person is present with the intention of committing any criminal offense; or
    • Trespassing into an occupied structure or building with the intention of committing any criminal offense in the structure.

    Burglary can be a 4th-degree felony in Ohio, which carries a prison sentence of six to 18 months and a $5,000 fine. However, burglary can also be charged as a 3rd or 2nd-degree felony, depending on the circumstances.

    Robbery in Ohio

    Under O.R.C. §2911.02, a robbery occurs when a person, while committing, attempting to commit, or fleeing from a theft offense, does any of the following –

    • Has a deadly weapon on their person or under their control;
    • Inflicts, attempts to inflict, or threatens physical harm on another person; or
    • Uses or threatens to use force against another person immediately.

    Robbery is typically classified as a 3rd-degree felony, carrying a prison sentence of 9 months to 5 years. However, the offense can be charged as a 2nd-degree felony, depending on the circumstances.

    Grand Theft in Ohio

    According to O.R.C. §2913.02, grand theft is defined as knowingly obtaining or exerting control over property or services valued between $7,500 and $150,000 by –

    • Taking without the consent of the owner (or authorized person);
    • Exceeding the scope of an owner’s consent; or
    • Using threat, intimidation, or deception.

    Grand theft is generally a 4th-degree felony, carrying a prison sentence of 6 to 18 months and a $5,000 fine. However, if the stolen property is a motor vehicle or firearm, regardless of its value, the offense is considered grand theft. Grand theft of a motor vehicle is a 4th-degree felony, while grand theft of a firearm is a 3rd-degree felony.

    Aggravated Theft in Ohio

    Per O.R.C. §2913.02, aggravated theft involves knowingly obtaining or exerting control over property or services valued at $150,000 or more by –

    • Taking without the consent of the owner (or authorized person)
    • Exceeding the scope of an owner’s consent; or using threat, intimidation, or deception.

    Aggravated theft can be charged as a 1st, 2nd, or 3rd-degree felony, depending on the value of the stolen property.

    Receiving Stolen Property in Ohio

    As per O.R.C. §2913.51, receiving stolen property is defined as receiving, retaining, or disposing of another person’s property while knowing or having reason to believe that the property was obtained through theft. This offense can be charged as a 1st-degree misdemeanor or a 5th, 4th, or 3rd-degree felony, depending on the type and value of the property involved.

    The Severity of Charges

    The severity of financial crime charges in Ohio can vary depending on the nature and scope of the offense. Charges can range from misdemeanors to felonies, with the most severe cases involving large-scale fraud, embezzlement, or corruption.

    Theft offenses in Ohio, whether charged as a misdemeanor or felony, could carry severe penalties, including substantial prison terms and fines. Additionally, individuals may face potential civil penalties, license suspensions, and restitution. The court may impose extra penalties based on the type of offense, the victim’s age or disability, and the value of the stolen property. The following are Ohio’s penalties for theft offenses:

    • 1st-Degree Misdemeanor – Up to a 6-month jail term and a $1,000 fine.
    • 5th-Degree Felony – 6 to 12-month prison term and a $2,500 fine.
    • 4th-Degree Felony – 6 to 18-month prison term and a $5,000 fine.
    • 3rd-Degree Felony – 9 months to 5-year prison term and a $10,000 fine.
    • 2nd-Degree Felony – 2 to 8-year prison term and a $15,000 fine.
    • 1st-Degree Felony – 3 to 11-year prison term and a $20,000 fine.

    If you’re facing theft charges, it’s essential to consult with a knowledgeable attorney to discuss your case and explore the best course of action for your defense.

    Understanding the Penalties for Convictions

    Knowing the potential consequences of a financial crime conviction in Ohio is essential. Each case is unique, and the specific penalties you may face will depend on the nature and severity of the charges against you. Here is a more in-depth look at the possible penalties for financial crime convictions:

    • Imprisonment – Depending on the crime’s severity and prior convictions, you could face a significant period of incarceration in a state or federal prison.
    • Fines and restitution – Besides imprisonment, financial crime convictions often involve substantial fines and the requirement to pay restitution to the victims.
    • Probation or parole – Even if you avoid prison, you may be subject to probation or parole, which requires compliance with strict conditions and regular meetings with a probation officer.
    • Asset forfeiture – The government may seize assets obtained through or used to facilitate a financial crime, which can result in the loss of valuable property.
    • Community service – As part of your sentence, the court may order you to complete a certain number of community service hours, which can be time-consuming and disruptive to your daily life.
    • Financial crime prevention courses – You may be required to attend and complete financial crime prevention courses designed to educate you about the laws and consequences of financial crimes.

    Protect your financial reputation and future by taking action against financial crimes. If you've been a victim or accused of a financial crime, seek experienced legal counsel immediately. Contact a skilled financial crime defense attorney who can defend your rights and help you navigate the complex legal system. Don't wait, take control of your situation today. CONTACT US

    Examining the Impact of a Conviction on Your Life

    The consequences of a financial crime conviction extend far beyond the immediate penalties imposed by the court. The long-term effects of a conviction can be devastating, with implications for nearly every aspect of your life, including:

    • Permanent criminal record – A conviction will result in a permanent criminal record, which can be accessed by potential employers, landlords, and others conducting background checks.
    • Damage to your personal and professional reputation – Financial crime convictions can cause irreparable damage, making it difficult to rebuild trust and credibility in your community.
    • Difficulty securing employment or maintaining a professional license – With a criminal record, you may find it challenging to secure a job or retain a professional license, particularly in fields that require financial integrity and trustworthiness.
    • Loss of voting rights – If convicted of a felony, you may lose your right to vote, impacting your ability to participate in the democratic process.
    • Inability to obtain certain loans, credit, or financial assistance – A financial crime conviction can make it difficult to get loans, credit, or financial aid, potentially limiting your ability to purchase a home, attend school, or start a business.
    • Strained relationships with friends and family – The emotional and financial toll of a financial crime conviction can strain relationships with friends and family, leaving you feeling isolated and unsupported during a challenging time.

    Understanding a financial crime conviction’s potential penalties and long-term consequences underscores the importance of securing experienced legal representation.

    Contact a Financial Crimes Defense Lawyer in Cincinnati

    Facing theft charges can be overwhelming, but you don’t have to navigate the complexities of Ohio’s criminal justice system alone. At our firm, we understand the importance of a strong defense and its impact on your future. With over 50 years of combined legal experience, our Cincinnati attorneys at Moermond & Mulligan, LLC are committed to providing exceptional representation to our clients in Ohio.

    Here’s why you should trust your case to our Cincinnati theft defense attorneys:

    • Attorneys Moermond and Mulligan are former prosecutors who understand how cases are built
    • Attorney L. Patrick Mulligan is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy
    • We are not afraid to take your case to trial
    • We have handled thousands of cases

    Don’t leave your future to chance – get the experienced legal counsel you deserve. Contact Moermond & Mulligan, LLC today to schedule a consultation with our skilled Cincinnati theft defense attorneys. We are ready to stand by your side and fight for your rights.

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