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Federal Lawyers for White Collar Financial Crimes

March 21, 2024 Uncategorized

 

Federal Lawyers for White Collar Financial Crimes

White collar crime broadly refers to non-violent crimes involving deception, concealment, or violation of trust for financial gain. These crimes are often committed by business professionals and public officials. Common white collar crimes include embezzlement, money laundering, tax evasion, securities fraud, Ponzi schemes, insider trading, cybercrimes, and more.

If you are being investigated or charged with a white collar crime, it is critical that you retain legal counsel from an experienced federal criminal defense attorney. White collar cases can be complex and the penalties severe. An experienced federal lawyer can help protect your rights, build the strongest possible defense, and achieve the best possible outcome.

Common White Collar Crimes

  • Securities fraud – This includes insider trading, accounting fraud, and other crimes related to the buying and selling of stocks and bonds. Examples are accounting scandals like Enron or pump-and-dump schemes.
  • Tax crimes – Tax evasion, filing false returns, identity theft, and other tax crimes can lead to civil and criminal prosecution. Even honest mistakes can trigger IRS scrutiny.
  • Embezzlement – Theft of money or assets by someone entrusted to manage them, such as an employee or public official.
  • Money launderingConcealing illegal funds or making them appear legitimate through complex financial transactions.
  • Bankruptcy fraud – Lying about assets or concealing property to avoid creditors or gain advantage in bankruptcy court.
  • Mortgage fraud – Falsifying information on mortgage applications to obtain larger loans. This was common leading up to the 2008 financial crisis.
  • Healthcare fraud – Doctors, hospitals, or patients falsifying medical bills or lying about services rendered to collect insurance payments.
  • Government contract fraud – Bribery, cost mischarging, product substitution and other fraud related to obtaining or fulfilling government contracts.

The list goes on. If it involves deception or breach of trust for financial gain in a business or institutional context, it likely qualifies as a white collar crime.

Penalties for White Collar Crimes

While definitions vary on what constitutes “white collar crime,” the penalties are very real. Many white collar offenses carry felony charges at both the federal and state level. Potential penalties include:

  • Prison time – Years or even decades in federal prison are possible for many financial crimes. Insider trading alone carries up to 20 years.
  • Fines – White collar crimes often involve very large sums of money. Fines in the millions are not uncommon. Some can even exceed the amount gained from the crime.
  • Asset forfeiture – Authorities can seize property connected to criminal activity, including homes, cars, boats, and bank accounts.
  • Restitution – Courts may order repayment to victims for losses incurred. This is common in embezzlement and fraud cases.
  • Loss of licenses – Doctors, lawyers, securities brokers and other licensed professionals may lose their ability to practice.
  • Reputational damage – The stigma of criminal charges can destroy personal and professional reputations, even if charges are eventually dropped.

Why Retain a Federal White Collar Criminal Defense Attorney?

Facing any criminal investigation is daunting. But white collar cases have particular complexities that make experienced legal counsel essential:

  • Complex laws – Financial crimes involve highly technical areas of criminal and tax law. An attorney experienced in these intricacies can mount the strongest defense.
  • Document-heavy – Unlike street crimes, white collar cases typically rely on extensive paper trails. Your lawyer needs the skills to gather, organize and analyze reams of documents.
  • Parallel proceedings – White collar cases often involve simultaneous civil, criminal and regulatory investigations. An attorney can coordinate responses across these fronts.
  • Cooperation incentives – Prosecutors may offer incentives for information about others involved in exchange for leniency. Experienced counsel can advise if this is advisable.
  • Sentencing experience – Federal sentencing guidelines for white collar crimes are complex. Skilled attorneys know how to minimize sentences through negotiation.
  • Trial experience – Most cases end in plea deals. But if yours goes to trial, you want an attorney experienced in trying complex white collar cases.

How to Find the Best Federal White Collar Crime Lawyer

If you are under investigation or have been arrested for a federal financial crime, here are important factors to consider when retaining legal counsel:

  • Focus on federal white collar defense – Look for attorneys who specialize in federal cases and have extensive experience specifically with financial crimes. This typically excludes state criminal lawyers.
  • Big firm resources – Federal cases often become drawn-out battles with the government. Opt for attorneys with the manpower and financial resources to go the distance.
  • Former federal prosecutors – Look for defense attorneys who previously worked as federal prosecutors. They will understand prosecutors’ tactics and how to counter the government’s game plan.
  • Local knowledge – Hire someone who practices in the federal district where your case is proceeding. They will know the judges, prosecutors and systems.
  • Trial experience – While most cases plea out, make sure your lawyer has experience taking complex white collar cases to trial if needed.
  • Credentials – Search for attorneys with a strong educational pedigree and credentials like board certification in criminal law and trial advocacy.
  • Client reviews – Look online for client testimonials and reviews. This can give insight into an attorney’s skills and bedside manner.

Conclusion

Facing white collar criminal charges can be overwhelming. But with an experienced federal criminal defense lawyer guiding you, it is possible to minimize penalties and even avoid prison in some cases.

If questioned by federal agents, politely decline to answer questions or provide documents until you have legal counsel present. Then contact a seasoned federal white collar crime attorney as soon as possible. With an expert legal defense, you can get through the process and out the other side.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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