JEFFERSON COUNTY MISSOURI WHITE COLLAR CRIME LAWYER

A person commits the offense of commercial bribery if he or she: (1) Solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity, which he or she is subject to as: (a) An agent or employee of another; (b) A trustee, guardian or other fiduciary; (c) A lawyer, physician, accountant, appraiser or other professional adviser or informant; (d) An officer, director, partner, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) An arbitrator or other purportedly disinterested adjudicator or referee; (2) As a person who holds himself or herself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of commodities or services, solicits, accepts or agrees to accept any benefit to influence his or her selection, appraisal or criticism; (3) Confers or offers or agrees to confer any benefit the acceptance of which would be criminal under subdivisions (1) and (2) of this section.

The offense of commercial bribery is a class A misdemeanor.

A person commits the offense of counterfeiting if he or she willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses for the purpose of selling or distributing any item, or services, bearing or identified by a counterfeit mark. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items for the purpose of selling or distributing.

The offense of counterfeiting is a class A misdemeanor.

A person commits the offense of financial exploitation of an elderly person or a person with a disability if such person knowingly obtains control over the property of the elderly person or person with a disability with the intent to permanently deprive the person of the use, benefit or possession of his or her property thereby benefitting the offender or detrimentally affecting the elderly person or person with a disability by: (1) Deceit; (2) Coercion; (3) Creating or confirming another person’s impression which is false and which the offender does not believe to be true; (4) Failing to correct a false impression which the offender previously has created or confirmed; (5) Preventing another person from acquiring information pertinent to the disposition of the property involved; (6) Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; (7) Promising performance which the offender does not intend to perform or knows will not be performed. Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform; or (8) Undue influence, which means the use of influence by someone who exercises authority over an elderly person or person with a disability in order to take unfair advantage of that person’s vulnerable state of mind, neediness, pain, or agony. Undue influence includes, but is not limited to, the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority.

The offense of financial exploitation of an elderly person or person with a disability is a class A misdemeanor unless: (1) The value of the property is fifty dollars or more, in which case it is a class E felony; (2) The value of the property is seven hundred fifty dollars or more, in which case it is a class D felony; (3) The value of the property is five thousand dollars or more, in which case it is a class C felony; (4) The value of the property is twenty-five thousand dollars or more, in which case it is a class B felony; or (5) The value of the property is seventy-five thousand dollars or more, in which case it is a class A felony.

A person commits the offense of forgery if, with the purpose to defraud, the person: (1) Makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or (2) Erases, obliterates or destroys any writing; or (3) Makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or (4) Uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the person knows has been made or altered in the manner described in this section.

The offense of forgery is a class D felony.

A person commits the offense of fraud or deception in obtaining an instruction permit, driver’s license, or nondriver’s license if he or she: (1) Knowingly or in reckless disregard of the truth, assists any person in committing fraud or deception during the examination process for an instruction permit, driver’s license, or nondriver’s license; (2) Knowingly or in reckless disregard of the truth, assists any person in applying for an instruction permit, driver’s license, or nondriver’s license that contains or is substantiated with false or fraudulent information or documentation; (3) Knowingly or in reckless disregard of the truth, assists any person in concealing a material fact or otherwise committing a fraud in an application for an instruction permit, driver’s license, or nondriver’s license; or (4) Engages in any conspiracy to commit any of the preceding acts or aids or abets the commission of any of the preceding acts.

The offense of fraud or deception in obtaining an instruction permit, driver’s license, or nondriver’s license is a class A misdemeanor.

A person commits the offense of fraudulent procurement of a credit or debit device if he or she: (1) Knowingly makes or causes to be made, directly or indirectly, a false statement regarding another person for the purpose of fraudulently procuring the issuance of a credit or debit device; (2) Knowingly obtains a means of identification of another person without the authorization of that person and uses that means of identification fraudulently to obtain, or attempt to obtain, credit, goods or services in the name of the other person without the consent of that person; or (3) Knowingly possesses a fraudulently obtained credit or debit device.

The offense of fraudulent procurement of a credit or debit device is a class A misdemeanor.

A person commits the offense of fraudulent use of a credit device or debit device if he or she uses a credit device or debit device for the purpose of obtaining services or property, knowing that: (1) The device is stolen, fictitious or forged; or (2) The device has been revoked or cancelled; or (3) For any other reason his or her use of the device is unauthorized; or (4) Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels such charges or payment without just cause. It shall be prima facie evidence of a violation of this section if a person cancels such charges or payment after obtaining a property tax receipt to obtain license tags from the Missouri department of revenue.

The offense of fraudulent use of a credit device or debit device is a class A misdemeanor unless the value of the property tax or the value of the property or services obtained or sought to be obtained within any thirty-day period is seven hundred fifty dollars or more, in which case fraudulent use of a credit device or debit device is a class E felony.

A person commits the offense of fraudulently stopping payment of an instrument if he or she, with the purpose to defraud, stops payment on a check, draft, or debit device used in payment for the receipt of goods or services.

The offense of fraudulently stopping payment of an instrument is a class A misdemeanor, unless the face amount of the check or draft is seven hundred fifty dollars or more or, if the stopping of payment of more than one check or draft is involved in the same course of conduct, the aggregate amount is seven hundred fifty dollars or more, in which case the offense is a class E felony.

The offense of identity theft is a class B misdemeanor unless the identity theft results in the theft or appropriation of credit, money, goods, services, or other property: (1) Not exceeding seven hundred fifty dollars in value, in which case it is a class A misdemeanor; (2) Exceeding seven hundred fifty dollars and not exceeding twenty-five thousand dollars in value, in which case it is a class D felony; (3) Exceeding twenty-five thousand dollars and not exceeding seventy-five thousand dollars in value, in which case it is a class C felony; (4) Exceeding seventy-five thousand dollars in value, in which case it is a class B felony.

A person commits the offense of mass manufacture or possession of fake IDs if he or she manufactures or possesses five or more fictitious or forged means of identification, with the intent to distribute to others for the purpose of committing an offense.

The offense of mass manufacture or possession of fake IDs is a class D felony.

A person commits the offense of money laundering if he or she: (1) Conducts or attempts to conduct a currency transaction with the purpose to promote or aid the carrying on of criminal activity; or (2) Conducts or attempts to conduct a currency transaction with the purpose to conceal or disguise in whole or in part the nature, location, source, ownership or control of the proceeds of criminal activity; or (3) Conducts or attempts to conduct a currency transaction with the purpose to avoid currency transaction reporting requirements under federal law; or (4) Conducts or attempts to conduct a currency transaction with the purpose to promote or aid the carrying on of criminal activity for the purpose of furthering or making a terrorist threat or act.

The offense of money laundering is a class B felony and in addition to penalties otherwise provided by law, a fine of not more than five hundred thousand dollars or twice the amount involved in the transaction, whichever is greater, may be assessed.

A person commits the offense of perjury for the purpose of obtaining public assistance if he or she knowingly makes a false or misleading statement or misrepresents a fact material for the purpose of obtaining public assistance if the false or misleading statement is reduced to writing and verified by the signature of the person making the statement and by the signature of any employee of the Missouri department of social services. The same person may not be charged with unlawfully receiving public assistance benefits and perjury pursuant to this section when both offenses arise from the same application for benefits.

The offense of perjury for the purpose of obtaining public assistance is a class A misdemeanor, unless the value of the public assistance unlawfully obtained or unlawfully attempted to be obtained is seven hundred fifty dollars or more, in which case it is a class E felony.

A person commits the offense of trafficking in stolen identities if he or she, for the purpose of committing identity theft, manufactures, sells, transfers, or possesses with intent to sell or transfer means of identification.

The offense of trafficking in stolen identities is a class B felony.

A person commits the offense of unlawfully receiving public assistance benefits or EBT cards if he or she knowingly receives or uses the proceeds of public assistance benefits or EBT cards to which he or she is not lawfully entitled or for which he or she has not applied and been approved by the department to receive.

The offense of unlawfully receiving public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawfully receiving public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony.

A person commits the offense of unlawful transfer of public assistance benefits or EBT cards if he or she knowingly transfers public assistance benefits or EBT cards to another not lawfully entitled or approved by the department of social services to receive the public assistance benefits or EBT cards.

The offense of unlawful transfer of public assistance benefits or EBT cards is a class A misdemeanor, unless the face value of the public assistance benefits or EBT cards is seven hundred fifty dollars or more or the person is found guilty of a second offense of unlawful transfer of public assistance benefits or EBT cards in an amount less than seven hundred fifty dollars, in which case it is a class E felony.