Under investigation for fraud or embezzlement in Greenville? What you do first matters, and most of it happens long before anyone is charged.
A white collar crime isn’t a single charge. It’s an umbrella term for accusations that someone used deception or a position of trust to get money or property. This includes fraud, identity theft, and breach of trust. Many of these cases begin as an investigation. Being investigated or charged doesn’t mean you will be convicted.
Ironside Criminal Defense is led by managing attorneys Sloan Ellis and Brandi Hinton, former state and federal prosecutors who supervise every case. Our Greenville white collar crimes attorneys can explain what you’re facing in state or federal court and work to get you the best outcome possible. Call 864-568-4750 to speak with our team today.
Although South Carolina has no single offense called “white collar crime,” the charges below are found in Title 16, Chapter 13 of the South Carolina Code. These are among the criminal charges we handle in Greenville:
If you don’t see your charge on this list, you can still reach out to us. We’ll tell you if we’re able to help or refer you to someone who can.
Before any charge, your first contact with law enforcement might be an agent’s call or visit, or a search warrant. It might also be a subpoena, which is a legal demand to testify or turn over documents. In a federal case, it can be a target letter, a written notice that a federal prosecutor considers you a likely defendant. A subpoena can also come from South Carolina’s state grand jury, which is convened through the Attorney General and investigates matters such as securities fraud and public corruption.
You have a constitutional right to not answer questions from law enforcement. You should talk with a defense attorney before you answer their questions or hand over documents. A subpoena carries its own response date, so it’s important to get advice soon after you receive one.
The lowest-value state charges are heard in magistrate or municipal court, the summary courts that hear certain misdemeanors. These include breach of trust or false pretenses of $2,000 or less, forgery with no dollar amount, and fraudulent checks of $1,000 or less.
Felony-level charges are heard in General Sessions, the state court that handles felonies and serious misdemeanors. State charges are brought by the solicitor or by the state Attorney General. In Greenville and Pickens Counties, the solicitor’s office is the 13th Circuit Solicitor’s Office.
Federal charges are brought by the U.S. Attorney’s Office and heard in the U.S. District Court for the District of South Carolina, which sits in Greenville at the Carroll A. Campbell Jr. U.S. Courthouse. A federal charge is generally more serious than a state charge and moves on faster timelines. Our Greenville white collar crimes attorneys can explain where your charge falls.
For the South Carolina charges, the penalty tier depends on the dollar amount alleged. The federal maximum depends on what the scheme involved. A fine is possible at every level:
| Charge | Penalty range | Statute |
|---|---|---|
| Breach of trust with fraudulent intent | $2,000 or less: misdemeanor, up to 30 days. Over $2,000 and under $10,000: felony, up to five years. $10,000 or more: felony, up to 10 years. | S.C. Code § 16-13-230 |
| Obtaining property by false pretenses | $2,000 or less: misdemeanor, up to 30 days. Over $2,000 and under $10,000: felony, up to five years. $10,000 or more: felony, up to 10 years, with the fine capped at $500. | S.C. Code § 16-13-240 |
| Financial identity fraud | Felony: a fine set by the court, up to 10 years in prison, or both. | S.C. Code § 16-13-510 |
| Mail or wire fraud (federal) | Up to 20 years. Up to 30 years if it affects a financial institution or involves benefits tied to a presidentially declared major disaster or emergency. | 18 U.S.C. 1341; 18 U.S.C. 1343 |
In South Carolina, a conviction that caused a victim financial loss also brings a restitution order, meaning repayment to the victim, on top of any other sentence. Federal law has its own restitution rules for fraud. The range the law sets isn’t a prediction of your outcome.
Beyond the sentence, a conviction can also affect:
Our attorneys look first at what defenses you may have, starting with intent: whether the evidence shows the intent the charge requires, or a business dispute, an accounting error, or authorized use. We also look at how the amount alleged was calculated, since that sets the penalty tier and the court, and whether subpoenas and search warrants stayed within their limits.
If your case is handled in state court, we look at whether you may be eligible for pretrial intervention (PTI), which may allow your charge to be resolved without a conviction if you complete its requirements. The solicitor recommends who is admitted for PTI, and a person who has previously completed an intervention program can’t be considered.
Ironside Criminal Defense is headquartered in Greenville, South Carolina, and handles cases throughout the entire state. When you work with our team, you can expect:
If you’re facing a white collar charge or investigation, your first step should be an honest conversation with an experienced attorney. Our attorneys have handled these cases from both sides of the courtroom. Tell us where things stand, and we’ll tell you what you’re facing. Our initial consultations are free. If you’re reaching out for a family member, the consultation can happen with you. Call 864-568-4750 or contact us through our online form today.
What comes next depends on how you move forward from it. Tell us what happened, and we will tell you what you are facing. Our consultations are free, and with an attorney.