White Collar Crime and Fraud Defense in West Virginia
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 10, 2026
Table of Contents
- What Counts as White Collar Crime
- Fraud and False Pretenses
- How Value Decides Felony or Misdemeanor
- Forgery and Uttering
- Embezzlement
- Credit Card, Check, Identity and Computer Fraud
- If You Are Under Investigation
- After Charges Are Filed
- Restitution and Civil Claims
- Common Defenses
- Diversion and Your Record
- Frequently Asked Questions
A fraud or embezzlement accusation often starts quietly: an audit at work, a call from a bank, a letter from an investigator or a visit from a detective. By the time charges are filed, the State may have months of records. The decisions you make early, including whether to give a statement or offer repayment, can shape the whole case.
This guide explains how West Virginia law treats the most common white collar and fraud offenses and what to expect from investigation through resolution. At Slavey & Shumaker PLLC, our Morgantown criminal defense attorneys defend these state charges in Monongalia, Preston, Marion and Harrison Counties. For an overview of all property offenses, see our theft crimes page.
1. What Counts as White Collar Crime
“White collar crime” is not a single offense in the West Virginia Code. It usually describes nonviolent crimes involving deception or financial gain. The charges we see most often include:
- Fraudulent schemes and obtaining money, property or services by false pretenses
- Embezzlement by employees, agents, officers and public officials
- Forgery and uttering forged documents
- Credit card fraud and worthless checks
- Identity theft and computer fraud
2. Fraud and False Pretenses
Two statutes cover most fraud cases:
| Statute | What it prohibits |
|---|---|
| § 61-3-24d Fraudulent schemes | Willfully depriving another of money, goods, property or services by fraudulent pretenses, representations or promises. The offense is treated as larceny of the property (§ 61-3-24d(a)). |
| § 61-3-24 False pretenses | Obtaining money, goods or other property from another by a false pretense, token or representation with intent to defraud (§ 61-3-24(a)(1)). The same section covers obtaining labor or services by false pretenses, called theft of services (§ 61-3-24(d)), and hiding or transferring property to defraud creditors, a misdemeanor (§ 61-3-24(c)). |
The key element in most fraud cases is intent to defraud. A broken promise, a failed business deal or a contract dispute is not a crime by itself. Many cases charged as fraud are, at their core, civil disputes over money, and showing that is often the foundation of the defense.
3. How Value Decides Felony or Misdemeanor
For false pretenses and theft of services, the dividing line is $1,000:
| Value | Classification | Penalty |
|---|---|---|
| $1,000 or more | Felony | 1 to 10 years in the penitentiary, or, in the court’s discretion, up to 1 year in jail and a fine of up to $2,500 (§ 61-3-24(a)(3), (d)) |
| Less than $1,000 | Misdemeanor | Up to 1 year in jail, a fine of up to $2,500, or both (§ 61-3-24(a)(3), (d)) |
Under the fraudulent schemes statute, the State may add together amounts obtained “as part of a common scheme or plan” (§ 61-3-24d(b)). Several small transactions, each a misdemeanor on its own, can be combined into a single felony. Challenging the State’s valuation, and whether separate transactions were really one scheme, is often central to the defense.
4. Forgery and Uttering
Forging a writing to the prejudice of another’s right, or uttering (using or attempting to use) a forged writing knowing it is forged, is a felony punishable by 1 to 10 years in the penitentiary, or, in the court’s discretion, up to 1 year in jail and a fine of up to $500 (§ 61-4-5(a)). The statute also covers creating an unauthorized demand draft to charge another person’s bank account with intent to defraud (§ 61-4-5(b)).
Unlike many fraud offenses, forgery and uttering does not depend on the dollar amount. Signing someone else’s name on a single check can be charged as a felony. Common issues include whether the person had permission to sign, whether they knew the document was forged, and whether the handwriting evidence is reliable.
5. Embezzlement
Embezzlement is committed when an officer, agent, clerk or employee fraudulently converts money or property that came into his or her possession or care because of that office or employment. The person “shall be guilty of the larceny thereof” (W. Va. Code § 61-3-20), which means the value of the property generally determines whether it is a felony. The statute treats some cases more seriously:
- An officer, agent, clerk or servant of a banking institution who embezzles is guilty of a felony punishable by not less than 10 years (§ 61-3-20)
- A public officer or employee of the State, a county, a school district or a municipality who uses public funds for his or her own benefit or the benefit of another is treated as having embezzled them (§ 61-3-20)
Embezzlement cases often arise from bookkeeping, payroll, cash handling, client trust funds or business partnerships. They usually turn on documents: authorizations, informal arrangements, accounting practices and who actually had access to the money.
6. Credit Card, Check, Identity and Computer Fraud
| Offense | Statute | Classification |
|---|---|---|
| Using a false, counterfeit, revoked or unauthorized credit card or number | § 61-3-24a(b) | Felony if $1,000 or more; misdemeanor if less (§ 61-3-24a(b)(3)) |
| Forging or altering a credit card | § 61-3-24a(c) | Felony, 1 to 10 years, or up to 1 year in jail in the court’s discretion |
| Obtaining property with a worthless check, knowing funds are insufficient | § 61-3-39 | Felony if $500 or more; misdemeanor if less. Does not apply to postdated checks |
| Worthless check on a preexisting debt | § 61-3-39a | Misdemeanor; fine of up to $200, with possible jail of up to 10 days on a third or later conviction |
| Identity theft: using another person’s identifying information to make financial or credit transactions or to gain employment | § 61-3-54 | Felony, up to 5 years, a fine of up to $1,000, or both |
| Computer fraud: accessing a computer or network to execute a scheme to defraud or obtain money by fraudulent pretenses | § 61-3C-4(a) | Felony, up to 10 years, a fine of up to $10,000, or both |
Under Investigation or Charged With Fraud?
The earlier we are involved, the more options there are. Free, confidential consultation in our Morgantown office or by telephone.
7. If You Are Under Investigation
Many white collar cases involve an investigation before any charge is filed. Signs include a call or visit from a detective, a subpoena for records, a search warrant, a demand letter, or an internal audit or interview at work. What you do at this stage matters:
- Do not give a statement without a lawyer. You have a constitutional right not to incriminate yourself, and statements to police, investigators or your employer can be used later, even if they were meant to explain things away
- Preserve records. Do not delete, alter or discard documents, emails or files. Destroying evidence can create new problems
- Do not contact witnesses or alleged victims about the case. Let your lawyer handle communications
- Do not offer repayment or sign anything until you get advice. A promissory note, confession or written apology can become the State’s best evidence
- Let a lawyer respond to subpoenas and investigators. Early involvement can sometimes resolve a matter before charges are filed, or narrow the charges that are brought
8. After Charges Are Filed
Misdemeanor fraud charges are heard in magistrate court; see our magistrate court guide. Felony charges move to circuit court, usually after a preliminary hearing or grand jury indictment; see our criminal trial process guide. Bond conditions in fraud cases sometimes include restrictions on employment or financial activity; see our bail and bond guide.
Prosecution for a misdemeanor generally must begin within one year after the offense (W. Va. Code § 61-11-9). That statute sets a three-year limit for perjury but does not set a general time limit for felonies, so felony fraud, forgery and embezzlement charges can be brought long after the events.
9. Restitution and Civil Claims
When a defendant is convicted of an offense that causes economic loss, the court must order restitution to the victim “to the greatest extent economically practicable when considering the defendant’s financial circumstances,” and must state its reasons on the record if it orders no restitution or only partial restitution (W. Va. Code § 61-11A-4(a)).
A criminal case does not end civil liability. A prosecution for false pretenses does not bar a civil claim for damages arising from the same conduct (§ 61-3-24(f)). People accused of fraud often face a lawsuit, an insurance claim or an employment dispute at the same time, and what is said in one case can affect the others. We coordinate the criminal defense with those related matters.
10. Common Defenses
- No intent to defraud. A business failure, accounting error or contract dispute is not a crime
- Authorization or consent. The person had permission to sign, spend or move the money, even if informally
- Value. The State’s numbers are wrong or include amounts that were not part of any scheme, which can reduce a felony to a misdemeanor
- Identity and access. Others had access to the accounts, passwords or records
- Unlawful search or seizure. Records or devices were obtained without a valid warrant or beyond its scope
- Time limits. A misdemeanor charge was brought more than one year after the offense
Every case depends on its own facts and records. No lawyer can guarantee a result.
11. Diversion and Your Record
A fraud conviction can affect employment, professional licenses and the ability to handle money for an employer. In some cases a prosecutor may agree to a written pretrial diversion agreement of up to 24 months; if you comply, you are not prosecuted for the offense unless the agreement calls for a plea to a related offense (W. Va. Code § 61-11-22). Repayment is often part of these discussions. If there is a conviction, the record may later be eligible for expungement.
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, defend white collar and fraud charges in Monongalia, Preston, Marion and Harrison Counties.
12. Frequently Asked Questions About White Collar and Fraud Charges
Facing a Fraud or Embezzlement Accusation?
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.