White Collar Crimes Lawyers
What Are White Collar Crimes?
White-collar crimes are typically financial crimes that are non-violent in nature and are committed for financial gain. Generally, these crimes involve some form of fraud and theft through deception. Because large sums of money are usually involved with white-collar crimes, these crimes can carry considerable prison terms and financial restitution. In certain white-collar cases involving a loss amount in excess of $100,000.00, a prison sentence is mandatory upon conviction.
A white-collar crime is generally charged at the state level if the fraud involves a state agency or only involves fraud that occurred within state lines. It’s important to note that some white-collar crimes may violate both state and federal laws. In such cases, the government may choose to prosecute the offender under either jurisdiction, depending on the circumstances, severity, and scope of the crime.
These Offenses can include but are not limited to:
• Antitrust Violations
• Bank Fraud
• Mail Fraud
• Wire Fraud
• Bankruptcy Fraud
• Counterfeiting Crimes
• Conspiracy Crimes
• Credit Card Fraud
• Embezzlement
• Extortion Crimes
• Forgery Crimes
• Fraudulent Schemes
• Healthcare Fraud
• Identity Theft
• Immigration Law Violations
• Money Laundering
• Mortgage Fraud
• Racketeering
• Securities Fraud
• Tax Evasion
Unlike many other criminal offenses, people involved in white-collar crimes may be aware that they are under investigation before actually being charged with a criminal offense. Defending these types of cases requires a careful review of all documents, records, and financial information. The attorney must have a complete understanding of all aspects of the case.
Penalties
White-collar crimes are typically non-violent offenses committed by individuals or organizations in business or professional settings. These crimes often involve deceit, fraud, or illegal financial activities. The penalties for white-collar crimes can vary depending on the jurisdiction, specific offense, and the severity of the crime.
Here are some general examples of penalties for both state and federal white-collar crimes:
Fines: White-collar criminals may be required to pay fines as a form of punishment. The amount of the fine can vary significantly based on the offense and the financial gain obtained through the illegal activity. Fines can range from a few thousand dollars to millions of dollars.
Restitution: In all cases, white-collar criminals are required to compensate their victims for the financial losses they suffered. This can involve paying back the money obtained through fraudulent means or compensating individuals or organizations for damages caused by the crime.
Imprisonment: White-collar crimes can result in prison sentences, although they are typically shorter compared to violent crimes. The length of the sentence depends on the severity of the offense, the harm caused, and the criminal’s previous record. Sentences can range from a few months to several years in prison.
Probation: In some cases, individuals convicted of white-collar crimes may be sentenced to probation instead of imprisonment. During the probation period, they are required to adhere to specific conditions set by the court, such as regular reporting to a probation officer, restrictions on travel, and refraining from engaging in certain activities.
Asset forfeiture: If assets were obtained through illegal means, the court may order their forfeiture, meaning the assets are seized by the government. This can include properties, vehicles, bank accounts, or any other assets acquired through the commission of a white-collar crime.
Professional consequences: White-collar criminals may face professional consequences, such as loss of professional licenses or memberships in industry associations. They may also face difficulties finding employment in their field after being convicted of a white-collar crime.
What does a white-collar crime criminal defense attorney do?
A white-collar crime criminal defense attorney has extensive experience in representing individuals or organizations accused of white-collar crimes. White-collar crimes typically involve non-violent offenses committed in business or professional settings, often for financial gain. Examples of white-collar crimes include fraud, embezzlement, insider trading, money laundering, tax evasion, and identity theft.
The primary role of a white-collar crime criminal defense attorney is to provide legal representation and advocacy for their clients throughout the criminal justice process. Here are some specific tasks and responsibilities that a white-collar crime criminal defense attorney may undertake:
Legal counsel: The attorney advises their clients about their legal rights, potential defenses, and the potential consequences they may face if convicted. They help clients understand the charges against them and the legal strategies available.
Case investigation: The attorney conducts a thorough investigation into the case, examining the evidence, interviewing witnesses, and collecting relevant documents or financial records. This investigation aims to uncover any weaknesses in the prosecution’s case and gather evidence to support the defense.
Defense strategy: Based on the investigation and understanding of the client’s situation, the attorney develops a defense strategy tailored to the specific case. This may involve challenging the admissibility or credibility of evidence, demonstrating a lack of intent or knowledge, or presenting an alternative explanation for the actions in question.
Plea negotiation: In some cases, the attorney may negotiate with the prosecution to secure a favorable plea agreement on behalf of their client. This may involve seeking reduced charges or penalties in exchange for a guilty plea, particularly if the evidence against the client is strong.
Court representation: The attorney represents the client in court proceedings, including arraignments, bail hearings, pre-trial motions, trials, and sentencing. They present arguments, cross-examine witnesses, and challenge the prosecution’s evidence to build a strong defense.
Expert witnesses: In complex white-collar crime cases, the attorney may work with expert witnesses, such as forensic accountants or financial experts, to provide specialized knowledge or analysis that can support the defense.
Mitigation: If a conviction is likely or has already occurred, the attorney may focus on mitigating the client’s sentence. This may involve presenting evidence of the client’s character, their lack of prior criminal history, or other factors that could persuade the court to impose a less severe penalty.
Appeals: If a conviction occurs, the attorney can handle the appellate process, filing appeals and presenting arguments to higher courts to challenge legal errors or seek a reversal of the conviction or sentence.
It’s important to note that the specific tasks and responsibilities of a white-collar crime criminal defense attorney may vary depending on the jurisdiction and the circumstances of the case.
If you are facing charges for a white-collar crime, it is important to consult with an attorney who has extensive experience defending these types of crimes. These types of crimes will usually call into question the mens rea or “state of mind” of the defendant. The prosecutor in these cases must prove that the defendant acted with bad intentions and did not simply make a mistake. This is where an experienced white-collar crime criminal defense attorney is needed.
Some criminal defense attorneys do not endeavor to represent people in such cases because of the potential for complexity in defending them. Our attorneys have over 30 years of experience in criminal law, and more specifically in defending white-collar crime cases. We have successfully represented many people charged with white collar crimes in both state and federal courts for 30 years.
We will provide the best representation possible for people accused of white-collar crimes. To schedule a Strategy Session with an experienced white-collar crimes criminal defense attorney, contact the Attorneys for Freedom today or call our Arizona office at 480-755-7110.
