If you've been questioned about a financial transaction, accused of misusing money, contacted by an investigator, or learned that your business activities are under scrutiny, you may be wondering whether you could face a white-collar crime charge. You may not even know whether what happened is considered a crime, especially if you haven't been arrested or formally charged.
Florida law helps answer the question of what is considered white-collar crime by identifying specific felony offenses and other conduct involving fraud, deceit, or deprivation of property. Florida specifically defines white-collar crime under its White Collar Crime Victim Protection Act, while individual conduct may violate separate Florida or federal criminal statutes.
White-collar cases can involve complicated financial transactions, business records, electronic communications, and questions about whether someone intentionally used deception for financial gain. Knowing what may qualify as a white-collar offense, what prosecutors may have to prove, and how these cases are investigated can help you decide what to do if you're concerned about possible criminal charges.
The term white-collar crime was coined in 1939 by sociologist Edwin Sutherland and has since become associated with a broad range of fraud and other crimes committed in business and professional settings. The FBI describes white-collar crime as nonviolent in nature and identifies public corruption, health care fraud, mortgage fraud, securities fraud, and money laundering among its examples.
Florida also has a specific statutory definition. Under the Florida White Collar Crime Victim Protection Act, white-collar crime includes the commission of, or conspiracy to commit, specified felony offenses involving:
The definition also includes other felony offenses involving an intent to defraud or deprive someone of property, or that involve fraud or deceit.
White-collar crime isn't one standalone criminal charge with one set of penalties. A person may instead face charges for a particular offense, such as organized fraud, identity theft, forgery, theft, or money laundering.
White-collar offenses can occur in businesses, financial institutions, government offices, health care organizations, accounting firms, and other professional settings. Common white-collar crime examples include fraud, embezzlement, and insider trading, but the term encompasses many types of financial crimes.
Fraud can involve false information, false documents, fraudulent transactions, or deceptive representations used to obtain money or property.
Florida's Communications Fraud Act defines a "scheme to defraud" as a systematic, ongoing course of conduct carried out with an intent to defraud one or more people or obtain property through false or fraudulent pretenses, representations, endorsements, promises, or willful misrepresentations concerning a future act.
Obtaining property through such a scheme can constitute organized fraud under Florida law. Federal fraud prosecutions may involve separate offenses, including wire fraud and mail fraud.
Embezzlement refers to misappropriating money or property entrusted to a person. It could involve, for example, an employee accused of diverting company funds for personal use.
In Florida, alleged misappropriation of property can lead to charges under Florida's theft law or other statutes depending on the circumstances.
Investment fraud, mortgage fraud, bank fraud, and securities fraud can involve allegations that financial deception or false information was used to obtain money, credit, investments, or another financial benefit.
One prominent Fort Lauderdale example involved attorney Scott Rothstein, who operated an approximately $1.2 billion Ponzi scheme through his law firm. Rothstein admitted that investors were induced to put money into fictitious confidential settlement agreements and other bogus investments. He pleaded guilty to federal charges that included RICO conspiracy, money laundering conspiracy, conspiracy to commit mail and wire fraud, and two counts of wire fraud. He was sentenced to 50 years in federal prison.
Securities fraud may also include insider trading, which can involve trading securities based on material, nonpublic information in violation of federal securities laws.
Other conduct that may be described as white-collar crime includes:
The particular criminal statute, rather than the general white-collar label, determines what prosecutors must prove.
Intent can be one of the central issues in a white-collar criminal case. An inaccurate financial statement, accounting error, failed investment, or poor business decision doesn't automatically establish fraud. Prosecutors must prove the mental state required by the particular criminal statute.
For example, Florida's Communications Fraud Act requires an intent to defraud as part of its definition of a scheme to defraud. Florida's identity theft law similarly addresses willful and fraudulent conduct.
Emails, contracts, accounting records, internal policies, and communications with accountants or attorneys may therefore become important evidence concerning what a person knew and intended.
Not knowing that a certain conduct violates the law does not automatically provide a defense. However, when an offense requires proof of willfulness, fraudulent intent, or another specific state of mind, evidence concerning a person's good-faith understanding may be relevant.
Reliance on advice from an attorney can also be relevant in some prosecutions. It isn't an automatic defense simply because a lawyer was consulted. Whether it applies depends on the offense and circumstances, including what information was disclosed to the attorney, what advice was provided, and whether the person relied on that advice in good faith.
Under the White Collar Crime Victim Protection Act, “aggravated white collar crime” means engaging in at least two qualifying white collar crimes that share the same or similar intent, results, accomplices, victims, or methods, or are otherwise interrelated rather than isolated incidents.
A person who commits an aggravated white-collar crime and obtains or attempts to obtain at least $50,000 commits a first-degree felony when the conduct:
Aggravated white-collar crime is ranked at Level 9 on Florida's offense severity ranking chart. The court may also impose a fine of $500,000 or twice the amount of the financial gain or loss, whichever is greater, in addition to a sentence otherwise authorized by law. The statute also requires restitution to qualifying victims.
White-collar criminal activity can potentially violate Florida law, federal law, or both. A Fort Lauderdale case involving Florida criminal statutes may be investigated by local or state law enforcement agencies and prosecuted in state court. Federal investigations may involve the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigation, or Securities and Exchange Commission, depending on the allegations.
Federal white-collar offenses can include wire fraud, mail fraud, bank fraud, securities fraud, money laundering, health care fraud, and certain tax offenses.
Whether a case can be prosecuted federally depends on the applicable federal law and the facts. A financial transaction, business activity, or use of electronic communications does not by itself establish federal criminal jurisdiction.
There is no single set of white-collar crime penalties because the term encompasses numerous offenses. Potential consequences depend on the criminal charge, whether state or federal law applies, the amount of money or property involved, the number and identity of alleged victims, the defendant's criminal history, and any applicable sentencing provisions or enhancements.
For example, under Florida's Communications Fraud Act, the value of property obtained through organized fraud helps determine the degree of the offense.
Depending on the charge, a conviction can lead to prison time, fines, restitution, or probation. It may also cause consequences outside the criminal justice system, including loss of employment, damage to a business, licensing problems, or reputational damage.
For this reason, the potential penalties in a white-collar case can't be determined from the general label alone. The specific offense charged and the facts of the case determine the sentencing provisions that may apply.
A white-collar crime investigation may develop through months of financial and documentary investigation before criminal charges are filed. Depending on the allegations, law enforcement agencies may examine:
Complex cases may also involve forensic accountants or investigators who trace money through businesses, financial institutions, accounts, and transactions.
You could become aware of an investigation before you're arrested or charged. You might receive a subpoena, be contacted by an investigator, learn that business records have been requested, or discover that someone connected with the transactions has been interviewed.
Learning about an investigation can create an immediate urge to explain what happened. However, statements made during an investigation may later become evidence.
If you believe you're under investigation:
Because white-collar investigations can begin well before an arrest, speaking with an attorney during the investigative stage may provide an opportunity to address important issues before criminal charges are filed.
A white-collar crime lawyer can determine which state or federal laws may apply and identify what prosecutors would have to prove. Depending on the circumstances, an attorney may examine financial and electronic records, evaluate evidence concerning intent, communicate with investigators or prosecutors, and identify possible defenses.
If charges have already been filed, an attorney can review how evidence was obtained, challenge evidence when legally appropriate, evaluate the prosecution's allegations, explain your options, and represent you throughout the criminal proceedings.
Florida Statute § 775.0844 defines "white-collar crime" for purposes of the White Collar Crime Victim Protection Act to include specified felony offenses and other felony conduct involving fraud, deceit, or deprivation of property.
However, conduct commonly described as white-collar crime may fall under other statutes with different classifications. The particular criminal statute determines whether an offense is a misdemeanor or felony.
Yes. Investigators may collect financial records, interview witnesses, issue subpoenas, or examine transactions before an arrest or formal criminal charge. You may therefore learn that you're under investigation before prosecutors decide whether to file charges.
A white-collar crime may become a federal criminal matter when the conduct violates a federal criminal statute and federal jurisdiction exists. Federal cases can involve offenses such as wire fraud, mail fraud, bank fraud, securities fraud, money laundering, and certain tax crimes.
Florida defines aggravated white-collar crime as engaging in at least two qualifying white-collar crimes that are sufficiently related and aren't isolated incidents. Additional requirements concerning the victims and amount obtained or attempted must be met for the enhanced first-degree felony provision under Florida Statute § 775.0844 to apply.
Yes. Ponzi schemes are fraudulent investment schemes in which money from new investors is used to pay earlier investors rather than legitimate investment earnings. Depending on the conduct, a Ponzi scheme can lead to multiple federal or state fraud charges.
Learning that you may be under investigation for a white-collar offense can leave you wondering whether an arrest is coming, what investigators already know, and how the allegations could affect your freedom, business, career, and reputation. You don't have to wait until criminal charges are filed to learn where you stand.
I'm Fort Lauderdale criminal defense lawyer R. David Williams, and for more than 25 years, I've defended people facing serious criminal investigations and charges throughout Fort Lauderdale, Broward County, Miami-Dade, and Palm Beach County. If you're being investigated for a white-collar offense or have already been charged, I'll personally review the allegations and evidence, explain the legal issues involved, and develop a defense strategy based on the circumstances of your case.
When you contact the Law Offices of R. David Williams, P.A., you'll speak with me directly. With a background in psychology, 5-star ratings on Google and AVVO, and staff fluent in English and Spanish, my law firm provides personalized representation throughout the criminal process.
Call (954) 522-9997 to schedule your FREE consultation, or complete our confidential online form to discuss your situation. Same-day responses are common, and after-hours support is available.
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