Criminal Defense Lawyer in Minneapolis, Minnesota

Timothy D. Webb PLLC

8500 Normandale Lake Blvd. Suite 1080 Minneapolis, Minnesota 55435 USA

 (612) 340-7970

www.mndefenselawyer.com
 Contact Mr. Timothy D. Webb

Law Firm Overview

Tim Webb, a former Minnesota Assistant Attorney General, defends individual and corporate clients against all federal and state criminal investigations and criminal charges from RICO, mail fraud, mortgage fraud, embezzlement, wire fraud, conspiracy, clean water act, health care fraud, insurance fraud and other white collar crimes to DWI, assault, theft, criminal sexual conduct, drug crimes and internet crimes. Mr. Webb also assists clients to clear their Minnesota criminal history records through Minnesota Expungement proceedings.

Mr. Webb also represents corporate and individual clients in licensing proceedings and in civil enforcement actions including: Health Licensing Proceedings (Doctors, Dentists, Psychologists, Chiropractors, Nurses, and other health care providers); Professional Licensing Proceedings (Department of Commerce, Mortgage Brokers, Insurance Agents/Producers, Real Estate Brokers/Agents, Appraisers); Consumer Fraud Enforcement Actions (By Minnesota Attorney General); Civil Investigative Demands (By Minnesota Attorney General).

Known for his integrity and expertise, Mr. Webb’s clients have included a police chief, clergy, politicians, corporate executives, doctors, lawyers, teachers, certified public accountants and other professionals.

Practice Areas

Additional Practice Areas: Bank Fraud; Health Care Fraud; Corporate Fraud; Securities Fraud; Mail Fraud; Mortgage Fraud; Internet Sex Crimes; Child Enticement; Sexual Assault; Child Molestation; Harassment; Vehicular Homicide; Professional Licensing; Anti-Kickback Laws; Tax Evasion; Environmental Cases; Lacey Act; Clean Water Act; False Claims Act Violations; Foreign Corrupt Practices Act; Insider Trading.

Practice Areas Description

Tim Webb is an experienced defense attorney who represents corporate and individual clients in all federal and state criminal investigations and prosecutions including:

- Criminal Defense Practice

There are hundreds of crimes that can be charged in the federal and state court systems. Mr. Webb represents clients against all federal and state charges including: Anti-Kickback Laws; Mail & Wire Fraud; Mortgage Fraud; Theft & Embezzlement; Tax Evasion; Environmental Cases; Identity Theft; Lacey Act; Clean Water Act; Immigration; Money Laundering; Health Care Fraud; Internet & Computer Crimes; Political Campaign Violations; False Claims Act Violations; Foreign Corrupt Practices Act; Intellectual Property Crimes; Racketeering (RICO); Insider Trading & Securities Fraud; Insurance Fraud.

- DUI / DWI

A DWI charge can happen to almost anyone with a driver’s license. Driving is legal and so is drinking. It is even legal to drink and drive as long as you are not “impaired.” The problem is that you need not actually feel “impaired” to be guilty of DWI. In fact, you could be driving perfectly. The prosecutors need only show that you were driving with a Blood Alcohol Content (BAC) of .08 or more. Since most people do not carry a device with them to tell us when their BAC has reached .08, it can be difficult to tell when it is illegal for them to drive. For a rough calculation of your BAC based upon your drinking habits, try using the “Drink Wheel”.

- White Collar Crime

Today, the term "white collar crime" generally refers to non-violent crimes of deception that are motivated by profit. According to the U.S. Department of Justice, "white-collar offenses" are "non-violent illegal activities which principally involve traditional notions of deceit, deception, concealment, manipulation, breach of trust, subterfuge or illegal circumvention." Some commonly charged "white collar" crimes include:

* Bank Fraud

Bank fraud or financial institution fraud generally refers to a transaction in which a bank is deceived in order to obtain money or property. To prove bank fraud, the government must establish beyond a reasonable doubt: (1) that the defendant knowingly, executed or attempted to execute, a scheme or artifice, to either (a) defraud, or (b) through false or fraudulent pretenses, representations, or promises, obtain the monies or other property of, a financial institution; (2) that the defendant acted with the intent to defraud the bank or financial institution; and (3) that the bank or financial institution was then insured by the Federal Deposit Insurance Corporation or chartered by the United States.

* Health Care Fraud

Health Care fraud covers a variety of frauds in the health care field. Some of the most prevalent health care fraud schemes include: billing for services not rendered, upcoding of services (i.e., billing for more expensive service than the one actually provided), upcoding of items (e.g., billing for a motorized wheelchair when a only a manually propelled chair was provided), duplicate claims for a single service, unbundling (i.e., submitting bills in a fragmented fashion in order to maximize the reimbursement for various tests or procedures that are to be billed together at a reduced cost); excessive services (services in excess of the patient’s actual needs); medically unnecessary services (services not justified by the patient's medical condition) and kickbacks.

* Insurance Fraud

The U.S. insurance industry consists of thousands of companies and collects nearly $1 trillion in premiums each year. According to the FBI's Financial Crimes Report (FY 2006), the FBI is focusing a majority of its resources relating to insurance fraud on the following areas: (1) Hurricane Katrina Insurance Fraud (numerous frauds in the wake of the hurricane); (2) Insurance-Related Corporate Fraud; Premium Diversion/Unauthorized Entities; (3) Viatical Settlement Fraud (e.g., making misrepresentations on insurance policy applications to hide the fact that the party applying for a policy has already been diagnosed with a terminal condition); and (4) Workers Compensation Fraud.

* Corporate Fraud

Corporate fraud typically arises in four broad areas: (1) falsification of financial information (e.g., false accounting entries, bogus trades designed to inflate profit or hide losses, and transactions designed to evade regulatory oversight); (2) self-dealing by corporate executives (e.g., kickbacks, and manipulation of stock options, and use of corporate property for personal gain); (3) mutual fund or hedge fund fraud (e.g., late trading, market timing schemes, and falsification of net asset values); and (4) obstruction of justice (designed to conceal criminal conduct).

* Securities Fraud

The most common types of Securities and Commodities Fraud include: (1) Market Manipulation; (2) High Yield Investment Fraud (e.g., Ponzi Schemes -- using money collected from new investors, rather than profits from an underlying business venture, to pay high rates of return promised to earlier investors); (3) Advanced Fee Schemes (persuading investors to advance relatively small sums of money in order to be able to participate in a lucrative investment opportunity); (4) Hedge Fund Fraud (e.g., overstatement of fund assets, misappropriation of assets, miscalculation of fund manager performance fees, trading on insider information, market timing, and late trading); (5) Commodities Fraud; (6) Foreign Currency Fraud; and (7) Broker Embezzlement.

- Mail & Wire Fraud

Mail fraud or wire fraud is a serious charge with severe consequences. An indictment of mail or wire fraud will be based upon a significant and detailed investigation. It is important to discuss your rights, potential defenses and case strategies with an experienced white collar defense attorney as soon as you are indicted or if you believe that you may be under investigation. Early preparation by an experienced defense lawyer can increase your chances of a favorable outcome, including the possibility of charges being dropped.

- Mortgage Fraud

The FBI identified mortgage fraud as a “pervasive and growing” problem in the United States and has listed it as a “significant priority” in its Financial Crimes Report (FY 2006). While there are a number of methods by which people commit mortgage fraud, each mortgage fraud scheme contains some type of "material misstatement, misrepresentation, or omission relating to the property or potential mortgage relied on by an underwriter or lender to fund, purchase or insure a loan."

- Theft & Embezzlement

Theft occurs when someone takes money or other property without right to that property and without the owner’s consent. Embezzlement is a form of theft that involves using a position of trust with an employer to commit a theft. A Theft by Swindle can basically be described as a situation where money or property is voluntarily handed over by the victim in reliance on a false statement made by the perpetrator of the theft. The seriousness of the charge depends on the value of the property taken, the identity of the victim and the type of property taken.

- Assault & Domestic Assault

Minnesota has five degrees of criminal assault. First degree assault is the most serious. Fifth degree is the least serious and does not require a physical injury or even physical contact. The mere threat of physical contact is can be enough to be charged with fifth degree assault. Typically, people think of domestic assault as physical abuse of a spouse. In Minnesota, however, domestic assault does not require any physical contact between the parties involved. Nor is domestic assault limited to assault of a current spouse. It also includes assault of (1) a past spouse; (2) anyone to whom you are related by blood; (3) anyone with whom you have (or are expecting) a child; (4) anyone with whom you currently live; and (5) anyone with whom you are involved in a “significant” sexual or romantic relationship.

- Drug Crimes

Minnesota has five degrees of drug crimes. A first degree drug crime is the most serious. Some of the current factors used to determine the seriousness of the crime include: the type of drug (e.g., methamphetamine, marijuana, etc.), the total weight or dosage of the drugs, the location (e.g., school or park zone). The government can take money and other property found in proximity to drugs. It is important to know that unless you (or someone with an interest in the property taken) file a petition to challenge the government’s right to take the money or property taken, the government will get to keep the money or other property.

- Sex Crimes, Internet Sex Crimes, Child Enticement & Child Pornography

Sex crimes cover a variety of conduct including Rape, Date Rape, Sexual Assault, Sexual Abuse, Sexual Harassment, Statutory Rape, Child Molestation, Prostitution, Internet Sex Crimes, Child Enticement and Possession of Child Pornography. In Minnesota, the crimes of Rape, Date Rape, Sexual Assault, Sexual Abuse, Statutory Rape, Child Molestation and other sex crimes are now charged under the crime of “Criminal Sexual Conduct.” There are five degrees of criminal sexual conduct. The degree charged will depend upon the age of the alleged victim and age of the defendant, the type of relationship between the two and the nature of the sexual conduct.

- Harassment & Privacy

Basically, the crime of harassment is committed when a person engages in conduct that causes someone to feel “frightened, threatened oppressed, persecuted, or intimidated ….” The crime of harassment can be charged as a gross misdemeanor or felony depending on the type of conduct, the age of the victim, the use of a weapon, and whether the harassment is based upon certain immutable characteristics such as race, sex, national origin, or disability. A victim of harassment or stalking can petition the court for a special order to prohibit the perpetrator of the harassment or stalking from a broad range of conduct, including conduct that would otherwise be legal in the absence of a special order.

- Vehicular Homicide

A charge of criminal vehicular homicide generally requires a prosecutor to prove one of three scenarios: (1) That you caused someone’s death by operating your vehicle in “grossly negligent” manner; or (2) That you caused someone’s death by operating your vehicle in a negligent or careless manner and that at the time of the accident you were under the influence of alcohol or drugs. (3) That you caused someone’s death by operating your vehicle in a negligent or careless manner and that you left the scene of the accident.

- Criminal Record Expungement

Criminal “Expungement” is the process of going to court to convince a judge to seal a criminal record. When a record is sealed, it does not show up in a criminal records search performed at the courthouse. An expungement does not erase your criminal courthouse record, but it prevents it from being viewed by the public. Records of serious crimes like murder and sex offender crimes are never expunged. Similarly, enhanceable offenses, like DWI, are not expunged. Less serious crimes may be expunged only if we can convince the judge that the benefits of expungement to you outweigh the disadvantages to the public. It is important to note that even when the court grants an expungement of a conviction, the records kept by some agencies, including the BCA, might not be sealed.

- Professional & Health Licensing

Before entering private practice, Mr. Webb advised licensing authorities on various professional licensing issues and proceedings while he served as an Assistant Attorney General. If you have received a subpoena or have otherwise been contacted by your licensing board regarding a complaint filed against you, you should consult with an experienced lawyer. Mr. Webb has experience representing physicians, dentists, psychologists, nurses and other licensed health professionals before their respective Minnesota licensing boards in a variety of proceedings. Mr. Webb also has experience representing numerous other licensed professionals including lawyers, real estate brokers and agents, mortgage originators, insurance producers and agencies, and building contractors.

Affiliations

Attorneys

Mr. Timothy D. Webb Attorney Arson, Assault, Battery, Bribery, Burglary

More Information on Timothy D. Webb PLLC

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Contact Timothy D. Webb PLLC