White collar crimes continue to rise across South Carolina, affecting businesses, individuals, and communities throughout the state. These non-violent offenses often involve deception, fraud, or breach of trust for financial gain. Unlike street crimes, white collar offenses typically occur in professional settings and can cause devastating financial losses that ripple through entire communities.
South Carolina prosecutors take these crimes seriously, often pursuing maximum penalties under state and federal law. Anyone facing white collar crime allegations needs an experienced Florence criminal defense lawyer to protect their rights and future. Here’s all you need to understand about the most common white collar crimes in Florence, South Carolina.
What Defines White Collar Crime in South Carolina
White collar crime encompasses a broad category of financially motivated offenses committed through deception rather than violence or physical force. These crimes typically involve professionals, business executives, government officials, or others in positions of trust who abuse their authority for personal gain.
South Carolina courts handle white collar cases under various state statutes, while federal authorities may also pursue charges when crimes cross state lines or involve federal programs. The financial thresholds for felony charges are relatively low in South Carolina, meaning even seemingly minor infractions can result in serious criminal penalties. So, what is the most common white collar crime in South Carolina?
Embezzlement Tops the List
Embezzlement stands as one of the most common white collar crimes in South Carolina. This offense occurs when someone entrusted with another person’s money or property illegally takes it for personal use. The crime requires a relationship of trust between the victim and perpetrator, distinguishing it from simple theft.
South Carolina law defines embezzlement broadly, covering various scenarios where trusted individuals misappropriate funds. Common examples include:
- Employees stealing from company accounts or cash registers
- Treasurers of organizations diverting membership dues or donations
- Bookkeepers creating false entries to hide unauthorized transactions
- Financial advisors using client funds for personal investments
The penalties for embezzlement in South Carolina depend on the amount stolen. Theft of less than $2,000 constitutes a misdemeanor, while amounts exceeding this threshold trigger felony charges.
Embezzlement involving more than $10,000 can result in up to ten years in prison and substantial fines.
Check and Credit Card Fraud Schemes
Financial fraud involving checks and credit cards represents another category among the most common white collar crimes seen in South Carolina courts. These offenses have evolved significantly with advancing technology, creating new opportunities for criminal activity.
Traditional check fraud includes writing bad checks, altering legitimate checks, or creating counterfeit checks. Credit card fraud encompasses unauthorized use of cards, identity theft to open new accounts, or merchant fraud involving false transactions.
Modern fraud schemes often involve sophisticated techniques that can be difficult to detect initially.
Criminals may use stolen personal information to open accounts, create fake businesses to process fraudulent transactions, or employ skimming devices to capture card data.
The rise of online commerce has created additional opportunities for fraud. South Carolina prosecutors frequently handle cases involving:
- Online purchase fraud using stolen credit card information
- Identity theft to open new financial accounts
- Business email compromise schemes targeting companies
- Fake check scams involving overpayment schemes
Financial institutions typically report suspicious activity quickly, leading to rapid investigations.
Federal agencies often become involved when fraud crosses state lines or involves interstate commerce.
Tax Evasion and Related Offenses
Tax crimes form a significant portion of white collar prosecutions in South Carolina. These offenses can involve state taxes, federal taxes, or both, depending on the specific violations. Tax evasion differs from simple tax avoidance, which involves legal methods to minimize tax liability.
South Carolina residents face potential prosecution for various tax-related crimes. Willful failure to file returns, deliberately underreporting income, or claiming false deductions can all trigger criminal charges. Business owners face additional scrutiny regarding payroll taxes, sales taxes, and corporate income taxes.
The South Carolina Department of Revenue works closely with the IRS to identify and prosecute tax violations.
Advanced computer systems can quickly identify discrepancies between reported income and lifestyle indicators, banking records, or third-party reporting.
Insurance Fraud Impacts Everyone
Insurance fraud costs South Carolina residents millions of dollars annually through higher premiums and reduced coverage options. This crime involves deliberately deceiving insurance companies to obtain benefits or payments that would not otherwise be available.
South Carolina law recognizes several types of insurance fraud. Healthcare fraud involves billing for services not provided, performing unnecessary procedures, or inflating charges. Auto insurance fraud might include staged accidents, exaggerated injury claims, or false theft reports.
Property insurance fraud often involves arson, inflated damage claims, or false theft reports. Life insurance fraud typically involves murder for insurance proceeds or faking deaths to collect benefits.
Workers’ compensation fraud affects both employers and employees. False injury claims, working while collecting benefits, or employer misclassification of workers all constitute potential criminal violations.
The South Carolina Insurance Fraud Division investigates suspicious claims and works with prosecutors to pursue criminal charges. Insurance companies also employ sophisticated fraud detection systems that can identify patterns suggesting fraudulent activity.
Securities and Investment Fraud
Investment fraud continues to affect South Carolina residents, particularly targeting elderly victims with retirement savings. These crimes often involve promises of unrealistic returns, false investment opportunities, or unauthorized trading in client accounts.
Ponzi schemes remain among the most devastating investment frauds, using new investor money to pay earlier investors while operators pocket the majority of the funds. Pyramid schemes similarly rely on recruiting new participants to generate returns for earlier investors.
Other common investment frauds include affinity fraud targeting specific communities, advance fee schemes requiring upfront payments, and boiler room operations using high-pressure sales tactics to sell worthless investments.
The South Carolina Securities Division regulates investment professionals and investigates complaints about potential fraud. Federal authorities also maintain jurisdiction over securities fraud cases, often pursuing parallel civil and criminal enforcement actions.
Money Laundering Facilitates Other Crimes
Money laundering involves disguising the source of illegally obtained funds to make them appear legitimate.
This crime often accompanies other white collar offenses, as criminals need methods to enjoy their ill-gotten gains without attracting attention.
South Carolina money laundering statutes cover various methods of concealing criminal proceeds.
These might include structuring bank deposits to avoid reporting requirements, using shell companies to hide ownership, or purchasing assets with criminal proceeds.
The crime requires knowledge that funds come from illegal activity and the intent to conceal their source.
Prosecutors must prove both elements beyond a reasonable doubt, making these cases complex to prosecute successfully.
Protecting Your Rights When Facing Charges
If you are facing white collar crime charges in South Carolina, contact the Florence criminal defense lawyers at Swilley Law Firm, LLC, today for a confidential consultation to discuss your legal options and protect your future.
