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New Jersey Criminal Law Blog

What constitutes criminal tax evasion?

Tax evasion is a crime, but not all tax issues constitute the legal definition of "tax evasion." Ultimately, prosecutors will be held to a strict burden of proof and -- as you might expect -- you will be innocent until proven guilty in these cases.

The more you understand about the crime of tax evasion, the better off you'll be when navigating your criminal defense regarding these charges. So, let's get started.

New Jersey embraces online gambling, but only on some sites

If you follow the news about gambling laws or online gambling, you may already know that New Jersey has recently taken some progressive steps. Instead of refusing to allow any kind of gambling other than the state lottery, New Jersey has sought ways to regulate and even tax gambling.

For those with a little computer savvy and an entrepreneurial spirit, wading into the realm of online gambling may seem like a prime way to make money. After all, everyone knows that when it comes to gambling, the house always wins. There is a lot less overhead expense associated with creating an online casino or gambling site than there would be with building a physical casino. Doing so, however, could leave you at risk of criminal charges.

What is insurance fraud?

Insurance fraud happens when individuals make exaggerated or inaccurate insurance claims. In these instances, the person committing fraud is trying to get financial benefits for destroyed or damaged property, or for injuries, that did not occur or that the individual reported inaccurately.

Another type of insurance fraud involves a fraudulent agent or insurance company that sells fake or unlicensed insurance to a customer and causes the customer to suffer financial losses. In other cases, an insurance broker might divert a customer's premium payments into his or her personal bank account.

4 common types of investment fraud

Investment fraud typically involves financial investments. For example, an individual selling an investment, such as a stockbroker or someone else, might misrepresent information regarding an investment that results in the investor losing money.

The topic of investment fraud is broad and new types and categories of investment fraud are always being created. If you've been charged with such allegations, it's important that you take your defense seriously as a conviction may come with serious criminal consequences.

What is the difference between blue and white collar crime?

We hear a lot about white collar crime related to actions like embezzlement, insurance fraud and other issues, but what about blue collar crime?

Is there such a thing as blue collar crime? And what constitutes the difference between blue and white collar crime?

Bribery accusations? What constitutes a bribe?

If you're facing a bribery charge, it may have come as a surprise -- especially if you never offered money to influence someone to do you a "favor." However, bribery accusations don't always involve money. Bribery can be the acceptance or offering of anything that has value in exchange for a favor from a government or public official or employee.

Still, even if you have been accused of offering or accepting a bribe, it doesn't mean you're guilty of the offense. This article will review the elements of bribery that need to be present for a conviction to occur.

That fancy dinner with your colleagues could result in a DUI

Your colleagues want to go out to a fancy meal because you just closed an important deal. The company is booming, and you are the star for the day.

You decide it's a great idea to go out, but you don't want to have to get a taxi. You opt not to drink at dinner, so you can drive home afterward.

Doctors and insurance fraud accusations

You thought you were going into the medical field to help people get better from their illnesses. While this is true, you've also had to wear a lot more hats. In addition to being a physician, a mental health counselor, an entrepreneur, accountant and business manager, you've also had to become familiar with health insurance law.

Without an in-depth knowledge of health insurance law, most New Jersey physicians would be out of business. Even worse, they could end up facing federal insurance fraud allegations.

Were you accused of embezzlement?

The term "white collar crime" describes a host of nonviolent criminal violations that usually employ deceit for the purpose of financial gain. Often committed in a business setting, white collar criminals get their name from the traditional manner of dress at an office.

Let's say you work as an accountant at a construction firm. Your boss asked you to transfer money from the corporate coffers into his personal checking account. In carrying out the request, you unknowingly helped your boss embezzle funds, a common white collar crime, and now you've been caught up in the criminal allegations.

The Breathalyzer -- it's not infallable

When an officer of the pulls you over in New Jersey, he will be attentive to everything that's happening around him. He will also be alert to your state of lucidity. Officers are always on the look for driver who may be inebriated or intoxicated. In your case, perhaps the officer saw the signs of inebriation during a routine traffic stop -- like red eyes, slurred speech, or alcoholic breath. He then ask you to step out of your vehicle and perform various exams to ascertain your state of inebriation.

One of the most important exams the officer performed on you was probably the Breathalyzer blood alcohol content test. You had to blow into it and the device measured how much alcohol was in your blood based on the content of alcohol it detected on your breath.

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