Denver White Collar Crime Lawyer

Denver White collar crime lawyers are different than DUI attorneys, divorce experts, or even real estate transactions specialists. Based in the foothills outside of Denver, Evergreen Attorneys team of white collar criminal defense lawyers know that often times economic offenses carry the most life changing potential penalties.

At Evergreen Attorneys we focus on federal criminal defense and bringing excellence everyday for every client as a white collar crime defense firm. That’s all we do.

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.  If you are facing federal charges for one of the types of offenses below, you need a white collar crime lawyer. 

White collar crime law firms know that planning to fight restitution in federal court planning is vital from day one. Federal white collar defense attorneys know that staying up to date on the most recent Supreme Court decisions in white collar cases is vital. White collar crime lawyers who are at the top of their game know that you must understand how the federal government is instituting a nationwide dragnet for PPP and EIDL loan fraud cases. 

Evergreen Attorneys practice white collar federal criminal defense every single day. At our boutique federal criminal defense law firm we handle federal cases nationwide from our home offices in Colorado and Dallas. We are not afraid to challenge the government and stand up for your rights in any federal criminal court case. Because we practice nationwide we are also not trying to make friends with the prosecutors or the judges; you don’t have to worry about us taking a tee time with the Assistant U.S. Attorney handling your case.

Read on to learn some of the basics of white collar federal criminal cases. Call the white collar crime lawyers of Denver at Evergreen Attorneys today at (303) 948-1489 if you need hope and a plan for your defense.

What is a White Collar Crime?  

We see white collar criminal prosecutions everyday at Evergreen Attorneys. 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 
• The four essential elements of the crime of wire fraud are: (1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money; (2) that the defendant did so with the intent to defraud; (3) that it was reasonably foreseeable that interstate wire communications would be used; and (4) that interstate wire communications were in fact used. See United States v. Profit, 49 F.3d 404, 406 n.1 (8th Cir. 1995).
• Wire fraud is one of the most commonly charged white collar crimes that we see at Evergreen Attorneys.

• Securities Fraud – 18 U.S.C. Section 78j(b)/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.  
• In order to prove a defendant guilty, the government must prove the following four essential elements: (1) that the defendant willfully either (a) used a scheme to defraud someone, or (b) made an untrue state of a material fact; (2) the defendant’s acts were made in connection with the purchase or sale of a security; (3) that the defendant directly or indirectly used an instrument in connection with these acts or making this statement; and (4) that the defendant acted knowingly. See Ninth Circuit Manual of Model Criminal Jury Instructions. 
• The Denver White Collar Crime Lawyers at Evergreen Attorneys know that prosecutors 1) love to bring these charges and 2) they require a fact-intensive defense.

• 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.  
• “There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts).” Schmuck v. United States, 489 U.S. 705, 721 n. 10 (1989).
• Mail fraud is much less commonly used in the 21st Century. Evergreen Attorneys typically see wire fraud charges instead in our Dallas White Collar Crime practice.

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

• involves engaging in financial transactions to conceal the source of illegal obtained funds.  
• To be criminally liable under 18 U.S.C. Section 1956(a)(1), a defendant must engage in a financial transaction, while knowing that the property involved in the transaction represents the proceeds of some specified unlawful activity, and the property must actually be the product of some specified unlawful activity. There are a variety of mental states that need to be shown to obtain a money laundering conviction depending on the type of charge. See Third Circuit Pattern Jury Instruction 6.18.1956.
• Evergreen Attorneys know that in white collar crime prosecutions Assistant U.S. Attorneys often bring money laundering charges in conjunction with wire fraud charges.

• 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.  However, you may also face charges for evasion of assessment of taxes. 
• There are three essential elements required to prove a federal tax evasion of payment charge: (1) an attempt to evade or defeat the payment of a tax; (2) an additional tax due and owing; and (3) willfulness. Samsone v. United States, 380 U.S. 343, 351 (1965).
• Contact Evergreen Attorneys if you are facing charges of federal tax evasion in your Dallas white collar crime case.

• Healthcare 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.  
• Healthcare fraud is incredibly serious charge. In a standard healthcare case a healthcare provider charged under the statute can face fines of up to $250,000 and up to 10 years of federal imprisonment. If the fraud results in serious bodily injury, the maximum term of imprisonment is 20 years. If the fraud results in death (i.e., a fatal overdose), a single charge under 18 U.S.C. is punishable by life in prison. Ninth Circuit Patter Jury Instructions, No. 8.128A.

• 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) investigated by 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.  The amount of prison time is often driven in large part based on the “loss amount” under the Federal Sentencing guidelines. 

• Monetary Penalties – fines and restitution can be substantial depending on the nature of the crime and damages caused. Restitution and forfeiture can haunt a citizen long after they have served their time and repaid their debt to society. You must hold the government accountable for every dollar in your case. 

• 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 Denver Federal White Collar Lawyers Can Help  

Evergreen Attorneys understand criminal law, but that is not all. We also have a knowledge 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. Your best option is to call Evergreen Attorneys before you are formally charged. This is the phase of the case when you are most likely to be able to avoid criminal charges altogether if you have the best approach available. 

2. Defending Against the Charges  

If charges are filed against you, your attorney will work to build a strong defense. Federal white collar lawyers know that building a case for court starts on day. 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.  

Negotiating on the actual loss amount (as opposed to stipulating it away), refusing to agree to forfeiture, requiring evidence for every dollar of supposed restitution are just some of the areas that are so unique to federal white collar criminal defense. These things may just seem like “numbers” to the novice attorney. In reality, they drive your advisory prison sentence under the Federal Sentencing Guidelines and are often the most important part of plea negotiations.

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 Denver Federal White Collar Crime Lawyer is Important  

Federal white-collar crime cases are notoriously complicated and require a high level of skill and experience. Not only do these cases involve criminal law, but they also include the intricacies of finance, accounting and business practices. Evergreen Attorneys will be able to provide knowledge of federal laws, the complexity of statutes and regulations that differ from state laws.

Evergreen Attorneys  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.  

If you need a federal white collar crime lawyer in your corner, call Evergreen Attorneys today at (303) 948-1489 or fill out a contact form on our website. Contacting Evergreen Attorneys is the first step to finding hope and a plan for your defense in these serious situations.