Author: jaclyn angelo

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Washington State Sex Offender Registry: What You Need to Know

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If you or someone you know is facing sex crime charges in Seattle or anywhere in Washington State, understanding the implications of the Sex Offender Registry is crucial. This blog aims to provide clear, concise information to help you navigate this complex system.

What is the Washington State Sex Offender Registry?

The Washington State Sex Offender Registry is a public database that tracks individuals convicted of sex offenses. The registry was established to enhance community safety by allowing law enforcement and the public to access information about registered sex offenders. However, the consequences of being listed can be far-reaching and life-altering, from limiting your housing opportunities to permanently damaging your reputation.

Who Needs to Register?

Anyone convicted of a qualifying sex offense in Washington State must register as a sex offender. This includes both adults and juveniles. Some of the offenses that require registration include:

  • Rape
  • Child molestation
  • Sexual misconduct with a minor
  • Possession of child pornography

Notably, registration requirements apply even if the individual was convicted of a sex crime in another state but resides in Washington.

Registration Requirements

Upon conviction, individuals must register with the county sheriff’s office within three business days of their release from custody or moving to a new address. Failure to register can result in additional felony charges, compounding the registrant’s legal challenges.

Levels of Registration

Washington State categorizes sex offenders into three levels based on the risk they pose to the community:

  • Level I—Considered the lowest risk, these individuals are less likely to re-offend and typically involve less severe offenses
  • Level II—These offenders present a moderate risk and are more likely to re-offend.
  • Level III—These individuals are deemed highly likely to re-offend and pose a significant danger to the community.

The level assigned affects the amount of information available to the community. Level III offenders, for instance, have their complete profiles accessible online.

Impact of Registration

Being listed on the Sex Offender Registry in Washington State can have severe consequences, including:

  • Employment: Many employers conduct background checks, and a sex offense conviction can lead to job denial.
  • Housing: Finding a place to live can be challenging as many landlords are reluctant to rent to registered sex offenders.
  • Social stigma: The social and emotional impact of being publicly listed can be devastating, affecting personal relationships and mental health.

Given the lasting repercussions of a sex crimes conviction, having an experienced criminal defense attorney is essential.

Legal Support and Defense

Founding attorney Jennifer Horwitz understands that being charged with a sex crime can be a daunting experience. As a leading criminal defense attorney in Seattle, she provides compassionate, comprehensive legal support to help clients navigate these charges and the potential requirement to register as a sex offender. 

Jennifer has extensive experience in sex crime defense and will develop tailored strategies to fight the charges against you. She will guide you through the legal process, vigorously defend you, and mitigate the consequences, whether by winning an acquittal, negotiating for lesser charges, or seeking alternatives to registration.

Protect Your Rights, Freedom, and Reputation

Understanding the Washington State Sex Offender Registry is essential if you are facing sex crime charges. The implications of registration are significant, but with knowledgeable legal counsel, you can better navigate this challenging situation. 

Jennifer Horwitz Law is committed to defending your rights and providing the support you need during this difficult time. If you face sex crime charges and mandatory registration as an offender, contact Jennifer for a consultation today.

A couple fighting over financials

What Is Financial Abuse?

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Elder abuse and abuse of vulnerable adults are serious problems in the United States. However, false allegations of financial abuse are also common. Family dynamics are complicated, and family members may accuse each other because of hurt feelings, greed, or misunderstandings. A mandatory reporter may misunderstand a situation and report someone for financial abuse. Our Seattle criminal defense lawyer discusses financial abuse in this blog and what you should do if you are accused of financial abuse in Washington State.

Understanding the Concept of Financial Abuse

Financial abuse is another term for financial exploitation. It involves fraudulent, illegal, unauthorized, or improper acts by a fiduciary or a caregiver to use the resources of an elderly person or vulnerable adult. In Washington State, financial abuse can lead to criminal charges.

Identifying the Signs of Financial Abuse

The signs of financial abuse vary. However, indicators of financial abuse include but are not limited to:

  • Loss of liquid assets
  • Changes in legal documents, including Wills, deeds, and titles
  • Missing property
  • New loans or credit cards in the victim’s name
  • Cashing in pension, CDs, and other savings
  • Selling property
  • Unusual activity in bank accounts
  • ATM withdrawals by an older person who has never used an ATM card
  • Uses the person’s assets for their own benefit

If you believe an elderly or vulnerable person is the victim of financial abuse, you can report the matter to Washington Adult Protect Services.

How Financial Abuse Impacts Victims

The impact of financial abuse can be devastating for the victims. They may experience depression, fear, and guilt. A victim of financial abuse may live well below their means and do without necessary items and healthcare. They may lose their home and other assets.

The Legal Consequences of Financial Abuse

There are several consequences of being accused of financial abuse in Washington State. Washington elder abuse laws include financial exploitation. The victim can sue the alleged abuser for damages in civil court.

In addition, Washington criminal laws impose penalties for the criminal mistreatment of vulnerable adults. Depending on the circumstances, a person could face a felony charge. A conviction could result in thousands of dollars in fines and multiple years in prison.

The Role of a Defense Attorney in Financial Abuse Cases

Contact a defense attorney immediately if you are under investigation for financial abuse. A criminal defense lawyer advises you of your rights. They investigate the charges against you to determine why the police believe you are guilty of financial abuse.

There could be one or more defenses to financial abuse. A defense attorney develops a legal strategy for defending you against the charges. Defenses could include lack of intent, mistaken identity, and honest errors. The sooner you hire a criminal defense lawyer in Seattle, the better your chances of fighting charges of financial abuse.

Claim Your Right – Seek Help from a Seattle Criminal Defense Attorney

If you are accused of financial abuse, contact our Seattle Jennifer today. You could face severe criminal penalties for a conviction. Do not talk to the police or law enforcement without a lawyer present.

Insider Trading

What Is Insider Trading?

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If you remember the 1987 movie Wall Street, with Michael Douglas and Charlie Sheen, you have an idea of what insider trading is and why it’s dangerous. You may also know that TV and lifestyle icon Martha Stewart served jail time in 2006 for her role in an insider trading scandal. Do you really know what insider trading is, though, and why being accused of that is something you will want to consult a Seattle white-collar crimes criminal defense attorney about?

Understanding the Concept of Insider Trading

Buying and selling securities such as stocks or commodities futures is a common method for individuals and institutions to invest and potentially earn significant returns. However, the legality of these transactions depends on the nature of the information used to make these trades.

Material Information: This refers to any information that a reasonable investor would consider important in making a decision to buy, hold, or sell securities. Examples of material information include undisclosed earnings, major management changes, or potential mergers and acquisitions.

Insider Definition: An insider is typically defined as any officer, director, or significant shareholder (holding 10% or more of the company’s shares) of a publicly traded company. Additionally, anyone who receives confidential information from such insiders could also be considered an insider if they trade based on that information.

Legal vs. Illegal Insider Trading:

Illegal Insider Trading occurs when insiders buy or sell securities based on material, non-public information, thereby exploiting information not available to the general public. This can also extend to individuals who are not formal insiders but have access to confidential information (sometimes referred to as “tippees”).

Legal Insider Trading happens when insiders buy or sell shares but report these trades to the appropriate regulatory bodies, such as the Securities and Exchange Commission (SEC), in a timely manner, following all regulatory requirements. The disclosure of these trades makes the information public, thus leveling the playing field for all investors.

SEC Rules: Compliance with SEC rules involves adhering to requirements like the timely filing of Form 4, which insiders must use to report trades. Insiders must also adhere to corporate blackout periods, where no trading is allowed around the release of significant corporate news.

In essence, while insider trading can be a pathway to substantial financial gain, it must be conducted transparently and within the bounds of the law to maintain fair and efficient markets.

Penalties and Consequences of Insider Trading 

Insider trading laws have evolved significantly over the years, especially following the introduction of The Insider Trading Sanctions Act of 1984. Prior to this act, the Securities and Exchange Act of 1934 was the guiding statute, which primarily focused on compensating victims of insider trading rather than imposing harsh penalties on the perpetrators. The 1984 legislation marked a pivotal change by increasing the fines dramatically—from $10,000 to $100,000—to deter insider trading by focusing on punishing the wrongdoers.

Today, the penalties for insider trading are even more severe. If convicted, an individual may face up to twenty years in prison and fines up to $5 million. Additionally, offenders can be subjected to civil lawsuits initiated by the SEC or company shareholders. This stringent approach underscores the seriousness with which insider trading is regarded and the strong measures in place to combat it.

The Role of a White-Collar Crimes Defense Attorney in Insider Trading Cases

White-collar crime is still a crime. If the thought of being caught and convicted – meaning you face jail time, along with fines and possible sanctions on your ability to do business – scares you, call us. You need an experienced attorney to protect you from the worst punishment you may receive. Contact Jennifer today for a consultation.

FRAUD Button on Computer Keyboard

What To Do If You’re Investigated for Corporate Fraud

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Being investigated for corporate fraud carries serious consequences. If you find yourself in this situation, it’s crucial to act swiftly and seek legal guidance from a Seattle white-collar crimes attorney. These attorneys specialize in cases involving corporate misconduct, fraud, and other financial crimes, and can help you understand your rights and navigate the complex legal process. They can guide you through the steps to respond to allegations and work to protect your reputation and future.

Understanding Corporate Fraud: A Brief Overview

Kickbacks and insider trading are two prevalent kinds of corporate fraud. The FBI often focuses on fraudulent stock transactions. Millions of dollars are made by trading stocks after getting confidential company information, and the FBI takes insider trading very seriously. A conviction for it can result in fines of up to five million dollars, and defendants may be sentenced to as many as twenty years in prison.

Those aren’t the only examples of corporate fraud, however. 

Types of Corporate Fraud

There are many ways  to commit corporate fraud, for example:

  • Embezzlement of money
  • Accounting Fraud (misrepresenting a company’s financial status)
  • Bribery/Kickbacks that exchange money for favors
  • Money laundering
  • Healthcare fraud
  • Wire fraud
  • Credit card fraud
  • Securities Fraud (lying to investors to drive up stock prices)

A famous example would be Bernie Madoff, the New York financial broker who defrauded clients out of millions of dollars using a Ponzi scheme. Another would be television personality Martha Stewart, who served five months in a federal prison after lying to the FBI about her involvement in a fraudulent stock deal.

Recognizing the Initial Signs of a Corporate Fraud Investigation 

Federal investigations into corporate fraud can start in various ways, with some signs more subtle than others. It’s essential to recognize these signs to respond appropriately. A formal letter from a prosecutor or grand jury indicating you are under investigation is a clear sign, but there are other indicators you should be aware of, including:

  • Unexpected Visits: Investigators from federal agencies like the IRS or FBI may arrive at your home or workplace, asking questions about your business dealings or personal activities.
  • Account Freezing: If your bank accounts are suddenly frozen, it could indicate that you are under investigation, often to prevent the dissipation of assets.
  • Subpoenas: Receiving a subpoena for financial records, emails, or other business-related documents is another indication of an ongoing investigation.
  • Surveillance: Unusual activity, such as cars lingering outside your home or office, might suggest that you’re being surveilled.
  • Third-Party Interviews: Federal agents may contact your friends, family, or colleagues to gather information about you or your business activities.

Understanding these signals can help you prepare and seek the legal counsel of a white-collar crime attorney, who can guide you through the investigation process and protect your rights.

The Crucial Immediate Step to Take if You’re Under Investigation 

If you find out you are under investigation, there are some very important initial actions to take. First, respectfully decline to tell investigators anything without an attorney present. Even if the agent assures you that you are not under investigation, don’t talk without a lawyer present. You can go from a witness to a defendant very quickly. After you’ve engaged an attorney, follow their advice to the letter. Investigations of federal crimes can take years. You need to prepare yourself for that.

The Rights of the Subject During a Corporate Fraud Investigation 

Even if you are the target of a corporate fraud investigation you still have rights under the Sixth Amendment. You don’t have to say anything without your attorney present. You’ve got a right to a speedy trial by a jury. You have the right to examine witnesses at trial. 

Need Guidance? Reach Out to a Seattle White Collar Crime Defense Attorney

Being charged with a Federal offense of any kind is scary and stressful. We understand. We have the experience, skills, and knowledge of corporate fraud to really help you. You have rights. You have options. Schedule a consult with Jennifer today to learn more.

Inscription tax evasion and a torn financial report.

What Are the Consequences of Tax Evasion?

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The consequences of tax evasion can be severe. Our Seattle criminal defense attorney discusses the definition of tax evasion and the criminal penalties for tax evasion in this article. We also discuss the civil penalties and professional consequences of tax evasion.

Understanding Tax Evasion 

Tax evasion is the willful attempt to avoid having a tax assessed against you. It often involves lying to the Internal Revenue Service (IRS) about your income. Simply stated, tax evasion is an illegal act that artificially reduces your taxable income to lower how much you owe in taxes. Tax evasion also includes the willful attempt to avoid paying your taxes.

Examples of tax evasion include, but are not limited to:

  • Underreporting income
  • Transferring assets to avoid paying tax
  • Claiming credits you are not legally entitled to claim
  • Falsifying dependents on your tax returns
  • Hiding sources of income
  • Holding property in someone else’s name
  • Maintaining a second set of books for your business
  • Destroying tax records
  • Filing a false tax return
  • Lying about your income, assets, and/or resources to avoid paying your taxes
  • Fleeing the country to avoid paying taxes
  • Hiding assets or income to lower your tax bill

Tax evasion is a serious crime. Consequences can include criminal and civil penalties.

Legal Penalties for Tax Evasion

The government can impose several legal penalties if you are convicted of tax evasion. On the federal level, tax evasion is a felony charge. Individuals could be charged with a fine of up to $250,000 and sentenced to up to five years in prison. The fine for corporate tax evasion is $500,000.

Washington state charges tax evasion as a misdemeanor or a felony. You could face fines, jail time, and other penalties based on the exact charges.

Civil Consequences of Tax Evasion

In addition to the criminal penalties imposed for tax evasion, you could face one or more civil penalties. The civil penalties for tax evasion could include:

  • Penalties
  • Interest
  • Restitution (i.e., payment of back taxes)
  • Liens
  • Loss of Social Security benefits
  • Damage to your credit
  • Loss of personal property, including real estate, homes, and vehicles
  • Disqualification from holding public office
  • Loss of voting rights
  • Revocation of your passport

The civil penalties for tax evasion can be expensive. You could lose substantial assets if you cannot afford to pay the financial penalties.

The Impact of Tax Evasion on Professional Reputation

A conviction for tax evasion could have long-term impacts on your job prospects, professional licenses, and public image. If you hold a professional license, the licensing board may suspend or revoke your license for tax evasion. A tax evasion conviction could prevent you from obtaining a job or a professional license.

From a personal standpoint, a conviction for tax evasion can cause embarrassment for you and your family. Corporations found guilty of tax evasion could face a backlash from consumers. It may reduce the value of their brands and harm their reputation.

Talk With a Seattle Criminal Defense Attorney About Tax Evasion Charges

If you face tax evasion charges, schedule a consultation with Seattle criminal defense attorney Jennifer Horwitz. There could be one or more valid legal defenses to the charges. You may have made an honest mistake, but a zealous prosecutor is pursuing criminal charges. An experienced tax evasion lawyer works to have the charges dismissed or reduced and minimize the penalties imposed for a conviction. 

Investment scam, fraud and Ponzi scheme concept. Stack of coins on wooden blocks with word ponzi in dark black background.

Breaking Down Ponzi Schemes: What You Need to Know

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Ponzi schemes can cause devastating financial losses for investors. Our Seattle criminal defense attorney discusses what you need to know about Ponzi schemes in this article. Understanding these schemes may help you avoid them. We also discuss the criminal charges you could face if you operate a Ponzi scheme in Washington State.

Understanding Ponzi Schemes: Basic Overview

A Ponzi scheme is a type of investment fraud. Investors are promised substantial returns on their investments with minimal risks. However, there are no investments.

The organizer of the Ponzi scheme uses the money collected from new investors to pay early investors. It gives the illusion that the organizer is investing the funds and earning significant profits. In reality, they are using your money to fool earlier investors while keeping a substantial portion of the money they receive for themselves.

As new investors come on board, the organizer may pay dividends to the next set of investors to keep them happy. The Ponzi scheme depends on convincing new people to invest in the scheme so that there is a continuous cash flow even though there are no investments to generate returns. The investors who join toward the end of the Ponzi scheme tend to lose the most money.

The Inevitable Collapse of a Ponzi Scheme

A Ponzi scheme is destined to fail because of the unstable foundation created by the organizer. Eventually, people stop investing in the scheme. Without a constant influx of cash, the organizer cannot continue the fraud.

Likewise, a Ponzi scheme fails when a large number of investors seek to cash out their returns at the same time. There are insufficient funds to pay the investors, so the scheme fails.

Legal Consequences of Ponzi Schemes

Ponzi schemes are generally prosecuted as a federal crime but can be prosecuted under state fraud statutes. Because the scheme involves fraud, a prosecutor may use several federal fraud statutes to bring criminal charges for a Ponzi scheme. Several other illegal activities involved in Ponzi schemes could result in criminal charges.

Examples of criminal charges for a Ponzi scheme include:

  • Mail fraud
  • Wire fraud
  • Money laundering
  • Bank fraud
  • Conspiracy
  • Securities fraud
  • Racketeering under the RICO Act
  • Theft

The criminal penalties for Ponzi schemes depend on the exact charges and sentencing guidelines. However, the penalty for securities fraud is 25 years in federal prison and a fine. Racketeering charges result in 20 years in prison and a fine of $25,000 for each count. Mail fraud could result in 20 years in prison and a fine of up to $250,000 for each count.

In addition to prison terms and fines, the court may also order you to pay restitution to the victims for their financial losses. You could be required to forfeit assets acquired through the scheme and banned from participating in securities trading.

Are You Being Investigated for a Ponzi Scheme in Washington State?

The penalties for operating a Ponzi scheme are harsh. If you believe you could be the target of an investigation for fraud, contact Seattle criminal defense attorney Jennifer Horwitz. The sooner you have legal representation, the better for your defense. Talking to law enforcement agents without an attorney could limit your defense options.