White-Collar Crime Defense

Oklahoma White Collar Crimes Lawyers

Unlike most “common law” crimes (murder, burglary, rape, assault and battery, etc.), in Oklahoma white collar crimes cases there is generally evidence that the client was involved in the activity charged. The question for the jury is often, “was the activity a crime?” White collar criminal cases may be charged in state and federal courts. In white collar matters there are unique opportunities to win the case if the client cooperates with counsel and has resources for expert witnesses and attorneys fees, access to relevant records, and has a creative attorney.

The Wyatt Law Office is a boutique law firm. While we are a small firm, we generally only handle criminal cases, including Oklahoma white collar crimes. We are very successful in both federal and state court white collar matters. Some of the big firms may have a white collar department, but many of the country’s and the state’s finest white collar lawyers are in very small firms. At the Wyatt Law Office, you get experienced lawyers working the case day-in and day-out. Don’t overlook our powerful team just because we are small — we are giant slayers. Our results speak for themselves.

Oklahoma White collar crimes require attention to detail and a challenge to conventional thinking and a willingness to challenge the system itself. Those are our trademarks. If you are contacted by the FBI, Secret Service, IRS Special Agents or Inspector General Agents, you should seek counsel immediately. The attorney’s actions prior to indictment or arrest often can be as important as the actions taken after indictment.

Conspiracy

A conspiracy is simply an “agreement” to commit a crime. To be convicted of conspiracy, the prosecution must prove the agreement and also prove a substantial step (or overt act) was taken in furtherance of the agreement. Follow this link to read more about Conspiracy Crimes.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma white collar crimes and  Conspiracy Lawyers.

Frauds & Schemes

Both state and federal prosecutors investigate allegations of fraud — although most fraudulent schemes ultimately are charged in federal courts. The FBI, SEC, and other federal agencies have units that specifically focus on interstate and international fraud investigations. 

The types of schemes routinely investigated by federal authorities involve allegations concerning:

Investment-Related Scams

• Letter of Credit Fraud
• Prime Bank Note Fraud
• Antique Bond Schemes (Railroad and Chinese Bonds)
• Ponzi Schemes
• Pyramid Schemes

Internet Scams

• Internet Auction Fraud
• Non-Delivery of Merchandise
• Credit Card Fraud
• Investment Fraud
• Business Fraud
• Nigerian Letter or “419” Fraud

Fraud Target: Senior Citizens

• Health Care Fraud/Health Insurance Fraud
• Counterfeit Prescription Drugs
• Funeral and Cemetery Fraud
• Fraudulent “Anti-Aging” Products
• Telemarketing Fraud
• Internet Fraud
• Investment Schemes
• Reverse Mortgage Scams

Common Fraud Scams

• Telemarketing Fraud
• Nigerian Letter or “419” Fraud
• Identity Theft
• Advance Fee Schemes
• Health Care Fraud/Health Insurance Fraud
• Redemption/Strawman/Bond Fraud

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers.

Mail Fraud

Mail fraud involves a scheme to defraud or to obtain money or property by false or fraudulent pretenses or promises that uses the U.S. Mails or other delivery services such as FedEx or UPS. The scheme does not have to be successful to be a crime.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers.

Wire Fraud

Wire fraud involves a scheme to defraud that uses the interstate communication wires (such as the Internet, telephone and fax wires, and other electronic communications).

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers.

Bank & Securities Frauds

Bank fraud involves providing false or misleading information to a bank that results in a material misstatement that factors into credit and loan decisions.

Similarly, securities fraud might involve situations where the buyer or seller is engaged in some type of fraud such as insider trading or selling fake or counterfeit securities, selling unlicensed securities, etc. For example, a person might engage in a “pump-and-dump” scheme to artificially inflate a stock’s price. It can also be charged when the shares are non-existent or the company has closed, etc.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers.

Credit Card Fraud

Credit card fraud is a wide-ranging term for theft and fraud committed using a credit card, access device, or any similar payment mechanism as a fraudulent source of funds in a transaction. The purpose may be to obtain goods without paying, or to obtain unauthorized funds from an account. Credit card fraud is also an adjunct to identity theft. According to the Federal Trade Commission, while identity theft had been holding steady for the last few years, it saw a 21 percent increase in 2008.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers.

Health Care Fraud

Many cases involving healthcare fraud involve either Medicare or Medicaid, but other criminal investigations also involve private insurance companies or research grants. Medicare Fraud and Medicaid Fraud investigations may result in charges filed in the federal courts. However, some Medicaid fraud investigations are processed through the Oklahoma Attorney General’s Office or the Office of the District Attorney for a particular county. When federal investigations occur, they are generally handled by the FBI or the Office of Inspector General for one of the affected federal agencies, but other agencies such as the FDA or some branches of the military investigative services may also be involved.

Some of the “classic” or “typical” healthcare fraud allegations involve:

• Medicare Fraud and Abuse
• Medicaid Fraud and Abuse
• Billing for services not rendered
• Upcoding — billing for a higher reimbursable service
• Performing unnecessary services
• Kickbacks
• Unbundling of tests and services to generate higher fees
• Durable medical equipment fraud
• Pharmaceutical drug diversion
• Outpatient surgery fraud
• Internet pharmacy sales
• Mail Fraud
• Wire Fraud

Noteworthy Health Care Investigations & Results

Health Care Fraud Conviction Reversed, Case Dismissed. In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of “healthcare fraud” for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. (See “Published”). United States v. Avery, 34 F.3d 1517 (10th Cir. 1994).*

Evidence Suppressed in Federal Court. Wyatt and Scott Graham teamed up arguing and convincing the federal court to suppress evidence obtained after a “routine” traffic stop pursuant to an open air drug dog sniff search. During an illegal search, Troopers found 3,000 Oxycontin pills, multiple fake I.D.s, fake prescriptions, and over $17,000 cash. All evidence suppressed and case dismissed.*

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Health Care Fraud Lawyers & Attorneys.

Advanced Fee Scheme

An advance fee scheme occurs when the alleged person/company receives money from another with the anticipation of receiving something of greater value, such as a loan, investment, or a job, and then gives little or nothing in return. An advance fee scheme is considered as wire and/or securities fraud since it often committed or aided through the use of interstate “wires”.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Advance Scheme Fraud Lawyers & Attorneys.

Antitrust

Allegations of client violating the Sherman Antitrust Act can be brought in civil or criminal court pursuant to section 1 of the Sherman Antitrust Act. Follow this link for additional material.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Antitrust Lawyers & Attorneys.

Computer & Cyber Crimes

As the Internet has evolved, so has computer and Internet crime. As a result, the Department of Justice is pursuing many newer cyber crimes. There is simply too much information to include here under White Collar Crimes, but you can find detailed information on the Wyatt Law Office.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Cyber Crimes Lawyers & Attorneys.

Embezzlement

Embezzlement is the act of dishonestly withholding assets for the purpose of conversion (theft) of such assets by one or more individuals to whom such assets have been entrusted, to be held and/or used for other purposes.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Embezzlement Lawyers & Attorneys.

Gambling & Gaming Crimes

Gambling crimes are charged in both state and federal courts, but the federal law enforcement agencies are actively pursuing criminal actions in matters such as international and Internet gambling. These cases generally involve both substantive criminal charges that could result in prison sentences and fines but also substantial criminal forfeiture charges (seeking the profits of the so-called illegal activity).Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Gambling & Gaming Crimes Lawyers & Attorneys.

Internet & Cyber Sex Crimes

Sex crimes frequently charged in federal court typically involve child porn or sexual exploitation:

• Possession of Child Pornography is punishable by zero to 20 years for simple possession. For receipt of child pornography, the range of punishment is not less than 5 years nor more than 20 years. Soliciting or causing a child to participate or manufacturing carries 15 years to life. See 18 U.S.C. § 2252A
• Sexual Exploitation of a Child involves possession or distribution of any material such as visual depictions in books, magazines, periodicals, films, and videotapes that involves sex acts or sexual exploitation of a child (under age 18). Generally speaking, the range of punishment is the same for possession of child porn. See 18 U.S.C. § 2252.
• Solicitation of Child Porn. 18 U.S.C. § 2251 makes it a crime to post “any notice or advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct. This statute also applies when such person knows that such notice or advertisement will be, or has been, transported in interstate or foreign commerce by any means, including by computer.”
• Production for Importation. Creation or production of sexually explicit depictions of a minor for importation into the United States is a crime pursuant to 18 U.S.C. § 2260.
• Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”
• Human Trafficking &Trafficking for Prostitution. Although human trafficking per se is not necessarily a sex crime, but most children are kidnapped and trafficked or sold for sexual purposes, which would result in a sex crime application. It is a crime to take children across state or federal borders for sex. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b).
• Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders to engage in sex with a minor or for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).
• Sex Tourism involves a perpetrator who travels abroad in order to engage in a sex act or acts which are illegal in the U.S. but may be lawful in another country. Covered under the federal Protection Act, an offense of this nature may involve a person traveling to another country with a minor or to meet a minor and engage in sexual activity. A mandatory 10 year term of imprisonment may be imposed for a federal sex crime of this nature.
• Sexual Abuse or Aggravated Sexual Abuse. Effectively, this is rape, rape by instrumentation, forcible sodomy or other common law sex crimes committed on federal land or territories. See 18 U.S.C. §§ 2241-2246.
• Sexually Dangerous Persons. In addition to punishment for any of these federal crimes, if it is later determined (during or after incarceration) that a person is a “sexually dangerous person,” that person can be removed from society in a quasi-criminal, quasi-civil proceeding. In other words, a criminally sexually dangerous person can be removed or imprisoned just for being sexually dangerous.

SEX OFFENDER REGISTRATION under the Adam Walsh Act is required if convicted in federal court of any of these crimes and others not specified here.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Internet & Cyber Sex Crimes Lawyers & Attorneys. We are licensed in all federal courts in Oklahoma and in the Northern and Eastern Districts of Texas. We are eligible for admission in all federal courts nationwide and travel for representation.

Mortgage Fraud & Predatory Lending

The Department of Justice has announced that mortgage fraud is one of its top priorities. In addition to mortgage fraud, the Department is focusing on predatory lending and scams taking advantage of homeowners whose mortgages are in danger of default or are in default. We represent individuals and companies charged with this type of fraud. We are willing to travel to any federal court nationwide or to represent you in state court in Oklahoma. Click here to read about other mortgage frauds.

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Mortgage Fraud Lawyers & Attorneys.

Public Corruption & Bribery

The Department of Justice has always had an interest in public corruption and bribery. Common corruption issues involve:

• Bid-rigging
• Bribery & Government Corruption
• Government Contract Fraud
• Kickbacks
• Procurement Fraud
• Misuse of Public Authority
• False Statements to Government Agencies
• Extortion
• Federal Program & Contract Fraud
• Campaign Contribution Violations
• Campaign Finance Violations
• Mail Fraud & Wire Fraud
• Money Laundering
• Racketeering (RICO)

The Wyatt Law Office represents individuals and companies charged with public corruption. Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Public Corruption Lawyers & Attorneys.We are willing to travel to any federal court nationwide or to represent you in state court in Oklahoma.

Other White Collar Crimes

• Bankruptcy Fraud
• Counterfeiting
• Environmental Crimes
• False Statements to Government Agencies
• Federal Program & Contract Fraud
• Forgery
• Money Laundering
• Racketeering (RICO)
• Perjury
• Tax Fraud & Evasion
• Worker’s Compensation Fraud

For even more types of white collar crime, visit the FBI’s White Collar Page.

Experienced Lawyers

Call the Wyatt Law Office at 405.234.5500 for your Oklahoma White Collar Crimes Lawyers and Attorneys.  We represent those charged with white collar crimes in both state and federal courts.  Your future is our business.

Noteworthy Cases

Tax Evasion Minimal Punishment. Client charged with evading taxes on payment of more than $1.6 million. On a guilty plea, federal judge sentenced client to 24 months in prison, with some supervised release thereafter along with restitution payments.

Federal Tax & Fraud Charges Avoided. Allegations of rebate fraud and tax evasion. After government investigation, all charges avoided — investigation terminated.

Split verdict — Not guilty 44 counts in police corruption allegations. After a three-and-a-half week jury trial in Tulsa, Officer Jeff Henderson was found not guilty of 44 counts of drug possession and distribution, witness tampering, perjury, conspiracy, and civil rights violations. The court merged four of the perjury charges into other counts. One count of bribery was dismissed by the judge during trial, but the jury found Mr. Henderson guilty of two misdemeanor civil rights violations and guilty on 6 counts of perjury. Wyatt intends to appeal. (See Tulsa World for articles).

Federal Charges Dismissed. Client charged with conspiracy to defraud investors in an alleged $1.2 million advance fee scheme. At a “James” hearing to determine scope of conspiracy, Wyatt showed that government had no proof against his client. Government counsel agreed to dismiss the charges against Wyatt’s client; all other defendants still facing charges.*

Minimal Punishment for Federal Antitrust Price Fixing Charge. Client accused of orchestrating gasoline price-fixing scheme with volume of commerce in excess of $5 million. Jury returned guilty verdict for Sherman Antitrust Act price-fixing violation, but judge ordered only probation (with no restitution) based on evidence developed at trial and in mitigation.*

Regulatory Hearing Relief Granted. Because of confidentiality of allegations and hearing, facts cannot be disclosed. However, “professional” client not sanctioned and retained license after non-jury hearing.*

Charge avoided. Owners of regulated business in health care industry not charged after Wyatt’s involvement in investigation and negotiations for nominal civil sanctions.*

Charge Avoided & Investigation Terminated. After thorough criminal investigation by the Department of Defense Criminal Investigative Service and recommendations for fraud charges, Wyatt negotiated to avoid charges in an alleged Veteran’s Affairs fraud scheme.*

Charge Avoided & Investigation Terminated. After thorough criminal investigation by the Social Security Administration and recommendations for fraud charges, Wyatt negotiated to avoid charges in an alleged scheme to defraud a vulnerable adult out of Social Security disability benefits.*

Tax Fraud Case Dismissed. Client, a former state politician, charged with knowingly filing a false State of Oklahoma tax return. After years of litigation and only days before trial, the court agreed with motions filed by the defense that the charge was not timely filed. Charges were dismissed after a hotly contested hearing.*

Acquittal on 106 Counts of Fraud & Money Laundering: Bob Wyatt and Gloyd McCoy were engaged to represent a grain elevator operator previously charged with and convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering). On behalf of the client, we sought habeas corpus relief and were granted a new trial. At this re-trial, the jury convicted again, but the trial judge released the client on bond pending appeal because of the issues raised by Wyatt. Client appealed again, this time with the Tenth Circuit Court of Appeals directing a Judgment of Acquittal (“not guilty”) — meaning that the client is a free man and the government cannot try him again. United States v. Hunt, 456 F.3d 1255 (10th Cir.2006). *

Sentence Vacated in Securities Fraud Case. In December 2003, Bob Wyatt and Gloyd McCoy were engaged to represent a NW Oklahoma resident who had previously been convicted of 106 counts of uttering forged securities and engaging in illegal monetary transactions (effectively money laundering) in federal court in Oklahoma City. The client sought habeas corpus relief for among other things ineffective assistance of his former trial counsel and conflict of interest. After a two-day hearing in January, the U.S. District Court on March 5, 2004, issued an order granting habeas relief and vacating the client’s conviction and sentence.*

State Embezzlement Charges Dismissed. Wyatt secured the dismissal of multiple counts of embezzlement against a camera store employee. After Wyatt’s investigation and cross-exam of the State’s witnesses, the preliminary hearing magistrate dismissed all charges.

Health Care Fraud Conviction Reversed, Case Dismissed. In the early 1990s, Bob Wyatt was co-counsel to two obstetric physicians and surgeons charged with multiple counts of “healthcare fraud” for alleged violation of CHAMPUS regulations as it related to over 100 patients of the surgery center. This four-year federal investigation in parallel civil and criminal proceedings concluded in a guilty verdict on all but one charge; however, Wyatt convinced the federal appeals court to reverse the conviction with orders to dismiss the charges for lack of merit. Bob Wyatt briefed and argued the appeal to the U.S. Court of Appeals for the Tenth Circuit. (See “Published”). United States v. Avery, 34 F.3d 1517 (10th Cir. 1994).*

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.

*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.