You need an attorney with years of experience successfully defending those charged with white-collar crimes. White-collar crimes are charged in both state and federal court. Ideally, your attorney will have experience as either a state or federal prosecutor so he or she knows how the other side works and what tactics to expect.
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Entrapment: This is one of the most common white-collar defenses. Often, when law enforcement suspects an individual or group of individuals of criminal activity, they will attempt to set up a sting operation to catch the suspect red-handed. This is a common tactic.
When attempting to prove that a defendant committed a white collar crime, prosecutors must provide proof of intent to defraud or evidence that a person purposely or knowingly intended to unlawfully deprive someone of funds or property.
Many white-collar crimes are especially difficult to prosecute because the perpetrators use sophisticated means to conceal their activities through a series of complex transactions. Whistleblowers are particularly helpful to prosecutors of white-collar crime, because these whistleblowers report internal wrongdoing.
The White Collar Defense and Investigations Practice Group defends businesses, senior executives, public officials and other individuals in a wide range of investigations and prosecutions.
Investigations for some white collar crimes, whether state or federal, can take months or years to play out.
The Elements of a White Collar CrimeIntent – The defendant must intentionally commit an unlawful, wrongful act.Disguise and concealment – The defendant hides or conceals their criminal activity.Knowledge – The defendant must have known that they committed the crime.More items...•
White collar crimes can be charged as a:Second Degree Misdemeanor: resulting in a maximum of 60 days in jail and/or fines up to $500.First Degree Misdemeanor: resulting in a maximum of 1 year in jail and/or fines up to $1,000.Third Degree Felony: resulting in a maximum of 5 years in prison and/or fines up to $5,000.More items...•
Typically white collar crimes are prosecuted in federal court because usually the nature of the crime is that it crosses state lines. It is easier for federal agencies to prosecute them. Sometimes they involve alleged theft from government agencies, so they are more typically brought in federal court.
White-collar defendants are having a tough time of proving their innocence at trial, if they even get that far. Most federal criminal cases (some estimate at 97%) are settled with guilty plea agreements.
Examples of white-collar crimes include securities fraud, embezzlement, corporate fraud, and money laundering. In addition to the FBI, entities that investigate white-collar crime include the Securities and Exchange Commission (SEC), the National Association of Securities Dealers (NASD), and state authorities.
White-collar crime law is essentially financial crimes, and this includes bribery, fraud, corruption, insider trading, and money laundering.
civil lawsuitsMost white collar crime offenses result in civil lawsuits, brought either by the federal or state government, or by the victims of the offense. The resulting civil liabilities of these suits are in addition to, not a substitute for, the penalties imposed in the criminal case.
In addition to prison time and fines, white collar criminal convictions can include victim restitution. Criminal sentencing is enhanced when the defendant commits two or more related felonies involving fraud or embezzlement of more than $100,000. This is known as an aggravated white collar crime enhancement and can add additional time in prison and increased fines.
Under California Penal Code 470, anyone who signs the name of another person or of a fictitious person with the intent to defraud is guilty of forgery. This also includes counterfeiting, altering, or falsifying the handwriting of another person. The criminal penalties for forgery depend on a number of factors, including the individual's criminal history, value of the fraud involved, and the forgery victims.
Counterfeiting is a serious offense in California, with penalties including up to four years in prison. Depending on the type of counterfeiting involved, it can also include federal criminal charges.
In California, the penalties for laundering money may include up to three years in jail and a fine of up to $250,000.
Under California law, bribery involves giving a public official anything of value or advantage with a corrupt intent to unlawfully influence that person's action, vote, or opinion, in any public or official capacity. This includes bribery involving:
Fraud can be treated as a serious offense and could result in felony charges leading to fines and jail time. Fraud can be charged under a number of Cali fornia laws, depending on the type of fraud, amount involved, and the specific victim of the crime. Common fraud charges include:
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Once a niche practice developed by only some law firms, white-collar defense has become a core practice with national and international scope at most large American law firms.