The Difference Between White Collar Crimes in Nevada State and Federal Court

White-collar crimes, often associated with fraud, embezzlement, bribery, and financial deception, carry serious legal consequences in both Nevada state and federal courts. While these crimes generally involve non-violent, financially motivated conduct, the complexity of prosecuting them differs depending on whether the case is handled by state or federal authorities. Understanding the distinctions between white-collar crimes prosecuted in Nevada state courts versus federal courts is critical for anyone facing charges or seeking to avoid potential legal pitfalls.

This blog will explore key differences between state and federal white-collar crimes, the penalties for each, and why having an attorney who is licensed to practice in both jurisdictions, such as Josh Tomsheck of Hofland & Tomsheck, is essential for mounting a strong defense.

What Are White Collar Crimes?

White-collar crimes typically refer to illegal acts committed in a business or professional setting for financial gain. These crimes are often characterized by deceit, concealment, or a violation of trust and do not involve physical violence. Common examples of white-collar crimes include:

Fraud (e.g., bank fraud, wire fraud, securities fraud)
Embezzlement
Identity theft
Money laundering
Insider trading
Bribery
Tax evasion
Mortgage fraud
Health care fraud

Prosecution of White-Collar Crimes in Nevada State Court

In Nevada state court, white-collar crimes are usually prosecuted under state statutes and handled by the local district attorney or attorney general. Nevada state law covers a wide range of financial and business-related offenses, with penalties depending on the severity of the crime and the amount of financial damage caused.

Common White Collar Crimes Under Nevada State Law

Theft and Embezzlement: Nevada law criminalizes theft (NRS 205.0832) and embezzlement (NRS 205.300). These offenses involve unlawfully taking or misappropriating property or funds belonging to another person or business, often by someone in a position of trust (e.g., an employee). Penalties for theft and embezzlement in Nevada vary based on the value of the stolen assets. Theft of property valued at $1,200 or more can be charged as a felony.
Forgery: Nevada law (NRS 205.090) makes it illegal to forge or alter documents such as checks, wills, or legal agreements with the intent to defraud. Depending on the nature of the forgery, this crime can be prosecuted as a misdemeanor or felony.
Fraud: Fraud is broadly defined in Nevada and covers numerous types of deceptive practices. Nevada fraud laws (NRS 205.380) criminalize the use of false statements or representations to gain something of value, including money or property. Convictions for fraud can lead to fines, restitution, and significant prison time, especially for large-scale schemes.

Penalties for State-Level White Collar Crimes

The penalties for white-collar crimes prosecuted in Nevada state court largely depend on the financial harm caused and the specifics of the crime. In general:

Misdemeanor Offenses: White-collar crimes involving smaller sums of money (typically less than $1,200) may be charged as misdemeanors, resulting in penalties like fines and up to six months in jail.
Felony Offenses: White-collar crimes involving larger sums of money or more significant acts of fraud or deception can be charged as felonies. Penalties may include several years of imprisonment, heavy fines, restitution to victims, and probation.

The state of Nevada also imposes enhanced penalties for individuals who commit white-collar crimes against vulnerable groups, such as the elderly or mentally incapacitated individuals.

Prosecution of White-Collar Crimes in Federal Court

Federal white-collar crimes are typically more complex and involve larger-scale schemes or activities that cross state or international borders. Federal authorities, such as the FBI, IRS, SEC, or Department of Justice, are often involved in the investigation and prosecution of these crimes.

Common White Collar Crimes in Federal Court

Federal white-collar crimes are often prosecuted under broad federal statutes and can carry significantly harsher penalties than their state-level counterparts.

Mail and Wire Fraud: These crimes (18 U.S.C. § 1341 and 18 U.S.C. § 1343) involve using interstate mail services or electronic communications to defraud individuals or businesses. Federal prosecutors frequently use these statutes to pursue cases involving fraud across state lines or international borders.
Securities Fraud: This crime (15 U.S.C. §§ 78j, 78ff) involves deceptive practices in the stock or investment markets, such as insider trading or manipulating stock prices to defraud investors. Securities fraud is often investigated by the SEC and prosecuted in federal court.
Money Laundering: Money laundering (18 U.S.C. § 1956) involves concealing the origins of illegally obtained money through a series of financial transactions. It is often tied to other criminal activities like drug trafficking, terrorism, or organized crime.
Tax Evasion: Federal tax laws make it a crime to intentionally evade paying taxes or underreport income (26 U.S.C. § 7201). The IRS investigates and refers these cases to the Department of Justice for prosecution.

Penalties for Federal White Collar Crimes

Federal white-collar crimes are governed by the U.S. Sentencing Guidelines, which provide a framework for determining penalties based on the amount of financial loss, the number of victims, and the defendant’s role in the crime. Federal penalties for white-collar crimes can include:

Imprisonment: Sentences for federal white-collar crimes can range from a few years to decades in prison, particularly for large-scale or complex fraud schemes.
Fines: In addition to prison time, federal penalties often include substantial fines, which can exceed hundreds of thousands or even millions of dollars.
Restitution: Defendants may be ordered to pay restitution to the victims of the crime, which can significantly increase the financial burden on those convicted.
Probation and Supervised Release: Federal courts often impose terms of probation or supervised release in addition to prison sentences.

Key Differences Between State and Federal White Collar Crime Prosecutions

Jurisdiction: State courts generally handle white-collar crimes that occur within Nevada’s borders and do not involve interstate or federal matters. Federal courts, on the other hand, handle cases that cross state lines or involve violations of federal law, such as mail fraud or securities fraud.
Investigating Agencies: State-level cases are investigated by local or state law enforcement, while federal cases often involve agencies like the FBI, IRS, or SEC.
Penalties: Federal white-collar crimes tend to carry harsher penalties than state-level offenses, largely due to the scale of the crimes and the involvement of federal law enforcement.
Complexity: Federal cases are generally more complex and require a deeper understanding of federal statutes and regulations.

Why You Need Josh Tomsheck for White Collar Crime Defense

When facing white-collar crime charges, having a defense attorney who is experienced in both Nevada state and federal courts is critical. Josh Tomsheck, a nationally recognized and board-certified criminal defense attorney at Hofland & Tomsheck, is licensed to practice in both jurisdictions. This dual licensure enables him to defend clients in cases prosecuted by state or federal authorities, ensuring comprehensive legal representation no matter where your case is tried.

Josh Tomsheck’s Expertise in State and Federal White Collar Crime Defense

State and Federal Licensure: Josh Tomsheck is licensed to practice in both Nevada state courts and federal courts, allowing him to represent clients at every level of the legal process.
Former Prosecutor’s Perspective: As a former Chief Deputy District Attorney, Josh has insider knowledge of how the prosecution builds its case, whether in state or federal court. This allows him to craft defense strategies that anticipate the prosecution’s approach.
Proven Track Record: Josh has successfully defended numerous clients facing serious white-collar crime charges, securing dismissals, reduced charges, and favorable plea agreements.

Contact Josh Tomsheck for White Collar Crime Defense

Whether you’re facing charges in Nevada state court or federal court, you need an attorney with the experience and qualifications to handle your case. Josh Tomsheck has the expertise to defend against the complex and high-stakes nature of white-collar crimes. Contact Hofland & Tomsheck today at (702) 895-6760 or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101 to schedule a confidential consultation.