What is a White-Collar Crime?  

White collar crime refers to non-violent criminal offenses that typically involve financial fraud or deceit. These crimes are usually committed by individuals or businesses that often involve manipulating the financial system for personal gains.  

Some common types of federal white-collar crimes include:  

• Wire Fraud – 18 U.S.C. § 1343 

•  using electronic communication to defraud someone of money or property 

• Securities Fraud – 17 C.F.R. § 240.10b-5 

• misleading investors or manipulating the stock market for personal gain. This includes insider trading, Ponzi schemes, and other forms of deception related to securities.  

• Mail Fraud – 18 U.S.C. § 1341 

•  mail fraud is like wire fraud but involves the use of the U.S. Postal Service or other mail carriers to execute fraudulent schemes.  

• Money Laundering – 18 U.S.C. § 1956/1957 

• involves engaging in financial transactions to conceal the source of illegal obtained funds.  

• Tax evasion – 26 U.S.C. § 7201 

• Occurs when a person knowingly and willfully attempts to evade or defeat the payment of taxes. Usually involves underreporting income, inflating deductions or failing to file a tax return altogether.  

• Health Care Fraud – 18 U.S.C. § 1347  

• Involves scheming designed to defraud health care programs such as Medicare, Medicaid, or private insurers. This may include submitting false claims for services or inflating costs for reimbursement.  

• Bribery and Corruption – 18 U.S.C. § 201, 666  

• Bribery and corruption offense involve offering or receiving something of value in exchange for influence over government business decisions.  Usually occurs in government contracts, regulatory matters, and other situations where individuals have decision making power 

• Identity theft – 18 U.S.C. § 1028 

• This crime involves using someone else’s personal identifying information without their consent, typically to commit fraud or other financial crimes  

• Bankruptcy Fraud – 18 U.S.C. § 152 

• Bankruptcy fraud involves intentionally concealing assets, making false statements, or otherwise defrauding the bankruptcy process.  

 

Seriousness of Federal White Collar Crime Charges  

Federal White-Collar Crimes are typically prosecuted by the U.S. Department of Justice (DOJ) and/or other federal agencies such as FBI, the Securities and Exchange Commissions (SEC), or the Internal Revenue Services (IRS).   

If convicted, individuals who commit white collar crime may face:  

• Lengthy Prison Sentences – depending on the crime, there might be mandatory minimum sentences.  

• Monetary Penalties – fines and restitution can be substantial depending on the nature of the crime and damages caused  

• Criminal Records – a conviction of federal white-collar crime can permanently tarnish your personal and profession reputation  

• Civil Suits – victims of such crime may file civil suits seeking compensation for damages which can lead to additional financial and legal burdens  

 

How a Federal White Collar Crime Defense Attorney Can Help  

Attorneys in this field understands criminal law, but that is not all. They also have expertise in financial matters because a skilled attorney provides valuable assistances at every stage of the legal process from the initial investigation through trial. Here are some ways a defense attorney can help 

1. Investigation and Early Intervention  

Most federal white collar crime cases begin with an investigation by federal agencies like FBI or IRS. If you’re under investigation, it’s crucial to have a criminal defense attorney involved early on. An attorney can ensure that your rights are protected during the investigation, advise you on whether to cooperate or invoke your Fifth Amendment right against self-incrimination, and work to minimize the likelihood of charges being filed.  

2. Defending Against the Charges  

If charges are filed against you, your attorney will work to build a strong defense. This may involve challenging the evidence against you, disputing the intent behind your actions, or showing that you were not involved in the alleged criminal activity.  

3. Negotiation and Plea Deals  

In many cases, federal prosecutors are open to negotiating settlements or plea deals. An experienced white collar crime attorney can assess the strongest of the evidence against you and negotiate with prosecutors to reduce the charges or secure a more favorable sentence. A skilled attorney may be able to secure a plea agreement that results in a lesser sentence or reduced charges, which can be crucial in minimizing the impact of a conviction on your life.  

4. Trial Defense  

If your case goes to trial, a seasoned federal defense attorney will have the experience needed to mount a compelling defense. Federal white collar trials are often complex, involving intricate financial details and expert testimony. Your attorney will know how to present your case effectively, cross-examine witnesses, and challenge the credibility of the government’s evidence. A strong defense can result in a verdict of not guilty or a dismissal of charges.  

5. Appeal and Post-Conviction Relief 

If you are convicted, your attorney may be able to appeal the verdict or sentence. Appeals can challenge errors made during the trial, such as improper jury instruction or the admissions of inadmissible evidence.  

 

Why Having a Federal White Collar Crime Defense Attorney is Important  

Federal white-collar crime cases are notoriously complicated and require a high level of expertise. Not only do these cases involve criminal law, but they also include the intricacies of finance, accounting and business practices. The attorney will be able to provide knowledge of federal laws, the complexity of statutes and regulations that differ from states. The attorney can also provide expert advice on financial crimes and how to interpret the financial records. It is also important to have a federal white collar defense attorney because of their negotiation skills, reputation and credibility. The attorney will have experience with fellow federal prosecutors and may be able to secure a favorable outcome before your case reaches trial.