Colorado Springs White Collar Crime Lawyer
Colorado Springs White Collar Crime Defense
On This Page
- Facing White Collar Charges in Colorado Springs?
- Common White Collar Charges in Colorado
- Check Fraud and Insurance Fraud
- How Value Drives the Charge Level
- Organized Crime and Securities Charges
- State or Federal Prosecution
- How White Collar Investigations Work
- Accusations by an Employer
- How White Collar Charges Are Defended
- Restitution and Resolution
- Consequences Beyond the Sentence
- Working With a Colorado Springs White Collar Defense Lawyer
- Frequently Asked Questions
- Sources
Facing White Collar Charges in Colorado Springs?
White collar cases involve accusations of financial wrongdoing rather than violence: embezzlement from an employer, forged checks or documents, insurance claims, identity theft, computer access, or business transactions that went wrong. Many people facing these charges are business owners, bookkeepers, managers, and professionals with no prior record.
These cases are often built over months from bank records, emails, and audits, and the first sign of trouble may be a call from a detective, a letter from an employer's lawyer, or a search warrant. Early decisions, especially about what to say and whether to repay, can shape the case.
This page explains common white collar charges in Colorado, how value drives the charge level, state and federal prosecution, how investigations work, and how these cases are defended in El Paso County and the surrounding counties.
If You Are Under Investigation
- Do not explain or apologize to your employer, auditors, or police before getting advice. Those conversations are often used to prove intent.
- Do not destroy or alter records, including emails and accounting files.
- Do not move or spend disputed funds without advice.
- Collect your own records that show authorization, agreements, and the business context.
Common White Collar Charges in Colorado
| Charge | Statute | Classification |
|---|---|---|
| Theft, including embezzlement | C.R.S. 18-4-401 | Petty offense to class 2 felony, based on value |
| Forgery | C.R.S. 18-5-102 | Class 5 felony |
| Identity theft | C.R.S. 18-5-902 | Class 4 felony for using another's information to obtain something of value |
| Cybercrime | C.R.S. 18-5.5-102 | Petty offense to class 2 felony, based on loss; some forms are fixed classes |
| Securities fraud | Colorado Securities Act | Felony |
| Colorado Organized Crime Control Act (COCCA) | C.R.S. 18-17-104 | Class 2 felony |
Embezzlement
Colorado does not have a separate embezzlement statute for private employers. Taking or misusing an employer's money or property is charged as theft, and the value determines the level. Thefts from the same employer as part of one scheme can be combined into a single charge, which often turns a series of small amounts into a felony. See our theft page.
Forgery
Forgery involves falsely making, completing, altering, or using a written instrument with intent to defraud. It covers checks, contracts, deeds, wills, public records, and government-issued documents, and it is a class 5 felony. Colorado has no statute of limitations for forgery.
Identity Theft
Knowingly using another person's identifying information or financial device without permission to obtain something of value is a class 4 felony. Possessing another person's information with intent to use it can also be charged, with the level depending on the circumstances and the number of victims.
Cybercrime
Accessing a computer or network without authorization to defraud, steal, or damage data is cybercrime. The classification usually depends on the loss involved, while some forms, such as card skimming, are class 5 felonies regardless of loss. Cybercrime cases often involve former employees who kept access to company systems.
Check Fraud and Insurance Fraud
Fraud by Check
Under C.R.S. 18-5-205, issuing a check with intent to defraud, knowing there are insufficient funds, is fraud by check. The classification follows value, from a petty offense under $300 to a class 2 felony at $1 million or more, and checks issued within 60 days can be combined.
A check drawn on a nonexistent account, or one closed 30 or more days before the check was issued, is a class 6 felony regardless of the amount. Knowledge of insufficient funds is presumed in some situations, such as when the account lacked funds when the check was presented within 30 days, but the prosecution must still prove intent to defraud. Postdated checks are treated differently.
Insurance Fraud
Under C.R.S. 18-5-211, insurance fraud includes submitting false material information in a claim, staging or falsely claiming involvement in an accident, and claiming losses outside the coverage period, all with intent to defraud.
Most forms are class 6 felonies. False information in an insurance application is a class 2 misdemeanor, and misappropriating premium funds is a class 5 felony. Insurance fraud cases are often investigated by insurers' special investigation units and the Colorado Attorney General's Office.
How Value Drives the Charge Level
For theft and many value-based offenses committed on or after March 1, 2022, the charge level follows the same thresholds:
| Value or Loss | Classification |
|---|---|
| Less than $300 | Petty offense |
| $300 to less than $1,000 | Class 2 misdemeanor |
| $1,000 to less than $2,000 | Class 1 misdemeanor |
| $2,000 to less than $5,000 | Class 6 felony |
| $5,000 to less than $20,000 | Class 5 felony |
| $20,000 to less than $100,000 | Class 4 felony |
| $100,000 to less than $1 million | Class 3 felony |
| $1 million or more | Class 2 felony |
Because the loss amount determines both the charge and often the sentence, the accounting is usually the most important evidence in a white collar case. Disputed transactions, authorized payments, and offsets owed to the accused can change the total significantly.
Organized Crime and Securities Charges
In larger cases, prosecutors may file charges under the Colorado Organized Crime Control Act, Colorado's version of the federal RICO law. COCCA charges allege a pattern of racketeering activity connected to an enterprise, and a violation is a class 2 felony. These charges are sometimes added to fraud cases involving businesses or multiple participants, and they significantly increase the potential sentence.
The Colorado Securities Act makes it a crime to commit fraud in connection with the offer, sale, or purchase of securities, which can include investments in private businesses, real estate ventures, and promissory notes. These cases are often investigated by the Colorado Division of Securities along with prosecutors.
State or Federal Prosecution
Many white collar cases can be prosecuted in either state or federal court. Federal prosecution is more likely when the case involves federal programs, banks, the mail or interstate wires, large losses, or many victims.
Federal fraud charges include wire fraud, mail fraud, bank fraud, health care fraud, and false claims against government programs. Federal sentencing is driven heavily by the amount of loss. See our federal crimes page.
How White Collar Investigations Work
- Internal audits. Many cases begin with an employer's audit or a forensic accountant's report, which is then given to police.
- Subpoenas and production orders. Investigators obtain bank, credit card, and business records.
- Search warrants. Computers, phones, and business files may be seized.
- Interviews. Detectives often try to interview the accused early, sometimes presenting it as a chance to explain.
- Civil cases. Employers and victims may file civil lawsuits alongside the criminal case, and statements in one case can be used in the other.
Colorado's statute of limitations for felonies is generally three years, but for theft, identity theft, cybercrime, and securities fraud, the period begins when the offense is discovered, and forgery has no time limit.
Accusations by an Employer
Many white collar cases begin inside a business. An employer discovers a shortage, conducts an internal investigation, and confronts the employee, often in a meeting with managers or a company lawyer. The employee may be asked to sign a statement, a repayment agreement, or a promissory note.
Those documents can become key evidence in a criminal case. An employee facing this situation should get legal advice before signing anything or explaining transactions. An employer's internal investigation is not neutral, and it may overlook authorization, shared access, accounting errors, or the employer's own practices.
When a case is referred to police, a detective will usually review the employer's records and try to interview the employee. Coordinating the response to the employer, any civil claim, and the criminal investigation helps prevent statements in one setting from damaging the others.
How White Collar Charges Are Defended
No lawyer can promise a particular result, but these are the issues that come up most often.
Intent and Authorization
Most white collar crimes require intent to defraud or to permanently deprive. Evidence that a payment was authorized, that funds were used for business purposes, or that the accused believed they were entitled to the money can defeat the charge.
Accounting Disputes
Forensic accounting can show that losses were overstated, that transactions were legitimate, or that other people had access and control. An independent accountant is often essential.
Civil Disputes
Many accusations arise from business disagreements, partnership breakups, or contract disputes that belong in civil court. Showing that a good-faith dispute exists can lead to dismissal.
Identity of the Person Responsible
Shared passwords, shared accounts, and access by multiple employees make it difficult to prove who made a particular transaction.
Search and Seizure
Search warrants for devices and records must be supported by probable cause and properly limited. Overbroad searches can lead to suppression.
Restitution and Resolution
Restitution is central to most white collar cases. Repayment, a realistic payment plan, or an agreement on the loss amount often opens the door to diversion, a deferred judgment, or a reduced charge. How and when repayment is offered matters, because it can be treated as an admission if it is not handled carefully.
For first-time offenders with no prior record, outcomes short of a felony conviction are often possible, particularly when restitution is addressed early.
Consequences Beyond the Sentence
- Professional licenses. Accountants, real estate agents, insurance agents, financial advisers, and attorneys face licensing consequences.
- Employment. Crimes of dishonesty weigh heavily in background checks for positions of trust.
- Civil liability. Victims can pursue civil judgments, sometimes for more than the criminal restitution.
- Immigration. Fraud offenses are often crimes involving moral turpitude and can be aggravated felonies for immigration purposes.
- Military members. Service members and Department of Defense contractors in the Colorado Springs area can lose security clearances.
- Your record. Identity theft convictions cannot be sealed, while many other theft and fraud convictions can be after a waiting period. See our record sealing page.
Working With a Colorado Springs White Collar Defense Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people accused of embezzlement, forgery, identity theft, fraud, and related financial offenses in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers the accusation, any investigation or civil claim, the records involved, and the options most likely to protect your career and record.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What is considered a white collar crime in Colorado?
White collar crimes are financial offenses committed through deception rather than force, such as embezzlement, forgery, identity theft, fraud, and cybercrime. Colorado charges most of them under its theft, forgery, identity theft, and cybercrime statutes.
Is embezzlement a felony in Colorado?
Embezzlement is charged as theft, so it is a felony when the total value is $2,000 or more. Thefts from the same employer can be combined into one charge.
Should I pay back the money before charges are filed?
Repayment can help, but how it is done matters. Get advice first, so repayment is documented in a way that helps rather than serving as an admission.
Will my white collar case be federal?
Many are prosecuted in state court. Federal charges are more likely when the case involves banks, federal programs, the mail or interstate wires, large losses, or many victims.
How long does the state have to file fraud charges?
Most felonies must be charged within three years, but for theft, identity theft, cybercrime, and securities fraud, the clock starts when the offense is discovered. Forgery has no statute of limitations.
Can a white collar conviction be sealed?
Many theft and fraud convictions can be sealed after a waiting period, but identity theft and class 1, 2, and 3 felonies cannot.
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