White Collar Portland Criminal Defense Attorney

If you’ve been charged with forgery, identity theft, or other white collar crimes in Portland, you’re going to want a criminal defense attorney to assist you.

The term “white-collar crime” refers to nonviolent crimes committed by individuals, businesses and government professionals– most commonly for financial gain. The phrase was first defined by the sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of their occupation.”

Portland Criminal Defense Attorney Michael Romano has been working in the criminal justice field since the mid-1990s, first for the government, and now as representing the accused. Below are a list of criminal charges we can help you with.

ORS 165.013 Forgery in the First Degree

(1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007 (Forgery in the second degree):

(a) And the written instrument is or purports to be any of the following:

(A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency;

(B) Part of an issue of stock, bonds or other instruments representing interests in or claims against any property or person;

(C) A deed, will, codicil, contract or assignment;

(D) A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status; or

(E) A public record; or

(b) By falsely making, completing or altering, or by uttering, at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.

(2) The value of single check or credit card transactions may be added together under subsection (1)(a)(D) of this section if the transactions were committed:

(a) Against multiple victims within a 30-day period; or

(b) Against the same victim within a 180-day period.

(3) Forgery in the first degree is a Class C felony.

ORS 165.007 Forgery in the Second Degree

(1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:

(a) Falsely makes, completes or alters a written instrument; or

(b) Utters a written instrument which the person knows to be forged.

(2) Forgery in the second degree is a Class A misdemeanor.

ORS 165.022 Criminal Possession of a Forged Instrument in the First Degree

(1) A person commits the crime of criminal possession of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind and in the amount specified in ORS 165.013 (Forgery in the first degree) (1).

(2) Criminal possession of a forged instrument in the first degree is a Class C felony.

ORS 165.017 Criminal Possession of a Forged Instrument in the Second Degree

(1) A person commits the crime of criminal possession of a forged instrument in the second degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument.

(2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor.

ORS 165.080 Falsifying Business Records

(1) A person commits the crime of falsifying business records if, with intent to defraud, the person:

(a) Makes or causes a false entry in the business records of an enterprise; or

(b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

(c) Fails to make a true entry in the business records of an enterprise in violation of a known duty imposed upon the person by law or by the nature of the position of the person; or

(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

(2) Falsifying business records is a Class A misdemeanor.

Business Theft and Embezzlement

Section under construction.

Embezzlement

Section under construction.

ORS 165.803 Aggravated Identity Theft

(1) A person commits the crime of aggravated identity theft if:

(a) The person violates ORS 165.800 (Identity theft) in 10 or more separate incidents within a 180-day period;

(b) The person violates ORS 165.800 (Identity theft) and the person has a previous conviction for aggravated identity theft;

(c)The person violates ORS 165.800 (Identity theft) and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

(d)The person violates ORS 165.800 (Identity theft) and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

(2)Aggravated identity theft is a Class B felony.

(3)As used in this section, “previous conviction” includes:

(a)Convictions occurring before, on or after January 1, 2008; and

(b)Convictions entered in any other state or federal court for comparable offenses.

(4)The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft.

ORS 165.800 Identity Theft

(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.

(2) Identity theft is a Class C felony.

(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 (Definitions) or inhalant delivery systems as defined in ORS 431A.175 (Definitions); or

(b) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:

(A) Place the access to which is restricted based on age; or

(B) Benefit based on age.

(4) As used in this section:

(a) “Another person” means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) “Personal identification” includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:

(A) A person’s name, address or telephone number;

(B) A person’s driving privileges;

(C) A person’s Social Security number or tax identification number;

(D) A person’s citizenship status or alien identification number;

(E) A person’s employment status, employer or place of employment;

(F) The identification number assigned to a person by a person’s employer;

(G) The maiden name of a person or a person’s mother;

(H) The identifying number of a person’s depository account at a “financial institution” or “trust company,” as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), or a credit card account;

(I) A person’s signature or a copy of a person’s signature;

(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

(K) A person’s photograph;

(L) A person’s date of birth; and

(M) A person’s personal identification number.

ORS 165.815 Criminal Impersonation

(1) A person commits the crime of criminal impersonation if:

(a) The person, with the intent to injure an individual, intentionally impersonates the individual in a communication to a third person without the individual’s consent;

(b) The person acts with the intent to deceive the third person into believing that the third person is communicating with the individual;

(c) A reasonable person in the circumstances of the third person would believe that the third person is communicating with the individual; and

(d) The impersonation causes injury to the individual.

(2) Criminal impersonation is a Class A misdemeanor.

(3) As used in this section:

(a) “Impersonate” means to use an actual individual’s name or likeness to create a representation of the individual that another person would reasonably believe was or is the actual individual being impersonated.

(b) “Injure” means to intimidate, threaten, harass or physically harm.

ORS 165.805 Misrepresentation of Age by a Minor

(1) A person commits the crime of misrepresentation of age by a minor if:

(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

(b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.
(2)Misrepresentation of age by a minor is a Class C misdemeanor.

(3)(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:

(A) The person may be required to perform community service; and

(B) The court may order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:

(i) The person’s second or subsequent conviction or adjudication for an offense described in this paragraph;

(ii) The person’s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) for an offense described in this paragraph; or

(iii) The person’s first conviction or adjudication if the offense involved the operation of a motor vehicle.

(b) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 (Hardship permit) if the person is otherwise eligible for the permit.

(4) The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor Control Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), to persons who are under a certain, specified age.

(5) The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), to persons who are under the age of 21 years.

ORS 165.065 Negotiating a Bad Check

(1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3)Negotiating a bad check is:

(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check.

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