Fraud is an illegal act that occurs when someone intentionally uses deception for personal gain that results in some sort of harm to another person, such as financial loss. There are many types of fraud that exist. Misrepresenting the truth, withholding information, and concealing information for the purpose of personal gain are forms of fraud. If you have been accused of committing fraud, it is essential to understand the potential consequences. Understanding different types of fraud is also crucial for individuals who are hoping to protect themselves from fraud

Types Of Fraud

There can be several different ways that fraud is organized, but fraudulent schemes relating to business typically fall within two categories- misappropriation of assets and false financial reporting. Continue reading to learn more about these types of fraud and the consequences of committing fraud.

Misappropriation Of Assets

The first type of fraud would be misappropriation of assets. This is simply a fancy way of saying that an organization has experienced an internal theft of its assets. Several different examples of this type of fraud are:

• Forgery
• Payroll fraud
• Theft of cash funds
• Inventory theft
• False invoices
• Skimming

Improper Financial Reporting

Improper financial reporting tends to be a less common form of fraud, but it still happens occasionally in different businesses. Improper financial reporting basically involves misrepresenting a company’s income statement, the balance sheet, the statement of cash flows, and other financial statements. This can be problematic for multiple reasons, but it can specifically cause a company to begin to break down as investors and other important outside organizations lose faith in the company.

Other Types Of Fraud

The two types of fraud listed above are directly related to businesses and the problems that businesses can face due to fraud. However, there are other types of fraud that can occur on a more personal level, between individuals. Examples of fraud that can occur on this level include:

• Bankruptcy fraud
• Identity theft
• Wire fraud
• Tax evasion
• Credit card fraud
• Insurance fraud
• Internet fraud

Consequences Of Committing Fraud

If a person is convicted of committing fraud there can be a variety of potential charges in Utah. The severity of the charge will depend on how serious the fraud offense was, which usually relates to how much money was involved. Who has been deceived and how they have been deceived will also play a role in the severity of the case.

Most types of fraud including credit card fraud, bribery, fraudulent records, and forgery can result in a felony charge. If convicted, a person may face the possibility of imprisonment, the length of which depends on the degree of the felony. Even if prison is not imposed, a person may be ordered to pay a fine of up to $10,000.

Some forms of fraud, such as knowingly issuing a bad check, can result in a misdemeanor charge. Although not as severe as a felony, a conviction of a misdemeanor could result in up to a year in jail and a fine of up to $2,500.

Are You In Need Of Criminal Defense Services?

If you are in need of criminal defense services, please reach out to me. I, Zachary Holbrook, am a qualified and knowledgeable attorney. I have the experience to help you navigate the sometimes confusing and nerve-wracking legal process. I can help you learn more about your specific situation and educate you on any part of the legal process that you may be unfamiliar with. For legal services including representation, advice, and counsel, feel free to contact me today.

All About Loitering

Almost every person has teenage memories of hanging out with their friends outside their favorite store or restaurant just for the fun of it. Everyone has at least one story of a cranky store manager or fellow shopper who told them that they couldn’t hang out on store property and asked them to leave. However, it may not be common knowledge that a person can be arrested for hanging out on public property under certain circumstances. If a person was arrested for spending time on public property, then they have been arrested for loitering.

What Is Loitering?

Loitering is simply the act of remaining in a public space for an extended period of time seemingly without any specific purpose of being there. However, the law does distinguish between people who mean no harm and those who are clearly a nuisance or potential danger. Obviously, those who are acting suspiciously or seem to want to commit some other type of crime will be more likely to hang out when asked to leave and arrested for sticking around. Loitering does not have to be an illegal act, and most of the time it can be resolved without police or legal actions taking place.

Most of the time, if a person (or group of people) that is loitering is asked to leave public premises and complies, the authorities will not be involved. However, if an individual refuses to leave or returns to the public location within a certain amount of time, then they can be arrested for failure to disperse. In Utah, failing to move or returning to the location within 8 hours of being asked to leave may result in an arrest.

Examples

There are many different kinds of loitering instances. However, some of the most common types of loitering that lead to arrests include:

• Obstructing the entrance to a public place.
• Hanging out in an area with a posted “No Loitering” sign.
• Spending time on a street corner with no apparent reason for being there.
• Standing or sitting outside a business for a long period of time.

Penalties

The penalties for loitering are typically minor if the person who has been arrested was not committing other crimes simultaneously. Loitering is typically charged as a misdemeanor, which has less severe consequences than a felony charge. There are many different types and classes of misdemeanors with a wide variety of different types of penalties, which are further varied by state laws. In Utah, loitering is typically punishable by community service or fines.

Do You Need A Criminal Defense Attorney?

If you have been arrested for loitering or another crime, you may want to consider reaching out to me, Zachary Holbrook, for criminal defense actions. I can help you better understand the specifics of your case and find the most suitable way to resolve the case. Loitering penalties and consequences can vary by state, which is why you need an attorney to explain Utah’s unique loitering laws. I can offer legal services including case reviews, representation in court, and help reading legal documents. For more information or to get in contact with me, feel free to reach out today.

DUI Arrests

The holidays are here and with them come many different types of emotions and experiences for different individuals. For some, the holidays are happy and joyful and for others, they are painful and lonely. These polarized sets of emotions can lead to drinking alcohol and lots of it. When a person who has been drinking gets behind the wheel, it can be dangerous for them and for others and can lead to a DUI arrest. But does the number of DUI arrests increase during the holidays? Continue reading to find out.

What Is A DUI?

Firstly, what is a DUI? DUI is an abbreviation of the phrase “driving under the influence.” Driving under the influence simply means driving a vehicle while intoxicated by alcohol or other drugs. This behavior is sometimes referred to as “drunk driving” and is very dangerous, which is why DUI arrests occur.  A DUI arrest happens when an individual is taken into custody after being caught driving under the influence. Driving under the influence is never a good idea, for more than one reason. However, there are nuances to every DUI case, which is why it is important to contact a qualified attorney if you have been arrested due to driving under the influence.

Do DUI Arrests Happen More Frequently During The Holidays?

The quick answer to the question of whether DUI arrests occur more frequently during the holidays is yes. The time from Thanksgiving to New Year’s sees an increase in the amount of drinking due to the raised and lowered emotions, as previously mentioned. However, heightened emotions during the holidays are not the only reason why people drink more. More parties and more opportunities to drink may also be to blame.

Due to the increased drinking, car accidents and DUI arrests happen at a much higher rate during the holidays. New Year’s Day averages out to have the highest number of drunk driving-related deaths with 116% more deaths than the average. It is the most dangerous day for drunk driving. The third most dangerous day for DUIs is Thanksgiving. So yes, more DUI arrests occur during the holiday season than in other parts of the year.

What To Do If You Have Been Arrested For Driving Under The Influence

If you have been arrested for driving under the influence, it is crucial that you reach out to a DUI defense attorney. Being arrested for a DUI is not the same thing as being convicted of a DUI. An experienced and skilled attorney will be able to build an effective defense. I, Zachary Holbrook, am a qualified DUI defense attorney who is passionate about making sure that each and every one of my clients is protected during this time of uncertainty. It is my job to analyze the evidence, find the truth, and give my client a fighting chance. I work to ensure my clients’ constitutional rights are upheld. 

Do You Need A DUI Defense Attorney?

If you have been arrested due to driving under the influence, it is important to have an attorney who has your back. Picking a DUI attorney can be a difficult task. Everywhere you look there are different lawyers advertising their services, how can you know which one you should pick? Well, I, Zachary Holbrook, am going to make it easy on you. I am able to provide my clients with criminal defense and DUI defense services that are based on vast experience. I will do my best to reach a result that is favorable for you in your situation. For more information, feel free to contact me or check out my website.