Fraudulent Practice Defense Attorney in Des Moines
Polk County’s Premier Criminal Defense Firm
Fraudulent practice is considered a crime of dishonesty. With that said, a conviction for this crime can play a major role in whether or not you keep your job, especially if your employment involves handling money. From our experience at Feld Law Firm, people who work at banks or other financial institutions are usually let go if they are convicted of fraudulent practices. Therefore, it is very important you handle this matter correctly from the beginning.
Consult with our Des Moines fraud defense attorney to discuss your charges and examine your options. Our goal is to help you obtain a favorable resolution.
Call (515) 996-4441 now to get started with a free consultation.
What Are Fraudulent Practices?
The definition of fraudulent practices is outlined below – it should be noted that we are only listing the more common forms of fraudulent practice.
A person is guilty of fraudulent practice if they:
- Make, tender, or keep for sale any warehouse receipt, bill of lading, or any other instrument purporting to represent any right to goods, with knowledge that the goods represented by such instrument do not exist.
- Knowingly attach or alter any label to any goods offered or kept for sale so as to materially misrepresent the quality or quantity of such goods, or the maker or source of such goods. A well-known example of this is switching barcodes from a cheaper item to a more expensive item.
- Remove, alter, or deface any serial or other identification number, or any owners' identification mark, from any property not their own.
- Remove, deface, cover, alter, or destroy any component part number as defined in section 321.1, vehicle identification number in section 321.1, or product identification number as defined in section 321.1, for the purpose of concealing or misrepresenting the identity or year of manufacture of the component, part, or vehicle.
Listed above are the commonly charged forms of fraudulent practices; there are other ways a person can be charged with this crime.
Degrees of Fraudulent Practices
In addition to the above, there are "levels" or degrees of fraudulent practices.
- Fraudulent practice in the first degree is when the amount of money or value of property or services involved exceeds $10,000. This is a class C felony that is punishable by up to 10 years in prison and a $10,000 fine along with a 35% surcharge on the fine and $100 court costs. If convicted, the defendant is also responsible to pay restitution.
- Fraudulent practice in the second degree is when the amount of money or value of property or services involved exceeds $1,500 but does not exceed $10,000. This is a class D felony that is punishable by up to five years in prison and a $7,500 fine along with a 35% surcharge and $100 court costs. Additionally, one can be charged with fraudulent practices in the second degree if they are convicted of any level of fraudulent practice and have previously been twice convicted of fraudulent practices.
- Fraudulent practice in the third degree is when the amount of money or value of property or services involved exceeds $750 but does not exceed $1,500. Or it is in the third degree when it is not possible to determine the value of goods or items involved. Fraudulent practice in the third degree is an aggravated misdemeanor and punishable by up to two years in prison and a $6,250 fine along with a 35% surcharge and $100 court costs.
- Fraudulent practice in the fourth degree is when the amount of money or value of property or services involved exceeds $300.00 but does not exceed $750. This is a serious misdemeanor and punishable by up to one year in prison and a $1,875 fine along with a 35% surcharge and $100 court costs.
- Fraudulent practice in the fifth degree is when the amount of money or value of property or services involved does not exceed $300. This is a simple misdemeanor and punishable by up to 30 days in jail and a $625 fine along with a 35% surcharge and $60 court costs.
Hire an Attorney You Can Count On
It is fair to say that a person has a lot at stake when charged with fraudulent practices. The person's job and relationships are usually on the line if they are convicted of this crime. If you have any questions regarding fraudulent practices or would like to schedule a free consultation, do not hesitate to contact Feld Law Firm. We are happy to guide you in the right direction.
Call (515) 996-4441 to get started on your case with our Des Moines fraudulent practice defense lawyer.
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