when do you need a white collar lawyer

by Jadon Haley II 9 min read

Hire a white collar crime attorney immediately if you are facing charges. As most white collar crimes are prosecuted as felonies, a conviction will likely lead to time in prison and result in you having to pay substantial monetary reparations. Even if you believe that you are innocent, this is not a chance that you should take in court.

Full Answer

Do I need a lawyer for a white collar crime?

 · White-collar crime requires specialized attorneys that are familiar with protecting the rights of those accused of white-collar crimes. White-collar crime is rarer than street crimes in the United States and often involve large sums of …

What should I do if I'm facing white collar charges?

 · A lawyer with experience in financial and government matters can help you navigate the complications of a white collar investigation, while doing what they can to help you avoid prosecution. An experienced legal team would also be able to provide valuable insight on how to avoid future legal problems regarding your business practices.

What is a white collar crime?

 · Depending on the type of governmental organization, and the nature of the problem being investigated, it may be necessary to make findings public (when similar circumstances involving a private company may be able to be kept from public view). James W. Kraus. Partner. Phone: (412) 263-4370. Fax: (412) 263-4221. E-mail: JWK@Pietragallo.com.

How much does it cost to hire a criminal attorney?

 · Do you still need a criminal attorney? The simple answer to that question is “yes.” In order to understand why you need a criminal lawyer if you have been charged with a white collar crime it helps to gain a better understanding of what a white collar crime is and the potential penalties if you are convicted of one.

image

What are examples of white collar crimes?

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.

How do you prove white-collar crime?

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.

What is white-collar litigation?

Helena Franceschi, associate: “White collar” law refers to the broad range of finance-related offenses that can be subject to regulatory investigations and enforcement actions. It covers a broad range of conduct and can implicate antitrust, the Foreign Corrupt Practices Act, anti-manipulation, and fraud statutes.

How much does white-collar crime cost?

According to the Federal Bureau of Investigation (FBI), white-collar crime is estimated to cost the United States more than $300 billion annually. Although typically the government charges individuals for white-collar crimes, the government has the power to sanction corporations as well for these offenses.

What are the three factors of white-collar crime?

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...•

What are the two types of white-collar crimes?

White-collar crime is commonly subdivided into two broad, general categories:Individual crimes. Individual crimes are financial crimes committed by an individual or a group of individuals. ... Corporate crimes. Some white-collar crime occurs on a corporate level.

What laws does white-collar crime break?

White-collar crime law is essentially financial crimes, and this includes bribery, fraud, corruption, insider trading, and money laundering.

Is white-collar crime civil or criminal?

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.

Who is considered white collar?

White-collar workers are suit-and-tie workers who work at a desk and, stereotypically, eschew physical labor. White-collar jobs typically are higher-paid, higher-skilled jobs that require more education and training than low-skilled or manual work.

Who commits most white-collar crimes?

Who commits white-collar crimes? Most are white men with at least some higher education, from middle-class backgrounds. They are in their late 30s to 40s, employed, usually married, with religious and community affiliations. Most have engaged in less serious criminal activity in the past.

How are white-collar criminals prosecuted?

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.

Why is white-collar crime rarely prosecuted?

Moreover, white-collar and elite criminals benefit from institutionalized non-enforcement practices, regulatory policies, and legal representation not available to street criminals. As a result, white-collar criminals are extremely difficult to apprehend and prosecute, even when they do tremendous harm to society.

What Is a White Collar Crime?

Although the term “white collar crime” is used on a regular basis is the U.S. legal system by everyone involved – even law enforcement officers and prosecutors — it is actually an official legal term.

The Non-Judicial Consequences of a Conviction for a White Collar Crime

For many people, the non-judicial consequences of a conviction for a white collar criminal offense are just as troubling as the judicial penalties. White collar crimes often include theft of one sort or another. A theft conviction, in today’s society, can be extremely damaging to your career.

Do You Need a Criminal Lawyer If You Have Been Charged with a White Crime?

If you have been charged with a white collar crime it is in your best interest to take the matter seriously. The best thing you can do for you, your family, and your future is to retain the services of an experienced Nebraska criminal lawyer. The worst mistake you can make is to fail to take your situation seriously.

Contact Us

If you have been charged with a “white collar” criminal offense in the State of Nebraska it is certainly in your best interest to consult with an experienced Nebraska criminal defense lawyer right away.

What is white collar crime?

White-collar crime encompasses illegal criminal behavior, usually conducted for financial benefit, in the commercial or corporate domain. This kind of criminal enterprise is capable of describing a wide range of illegality. The only common denominator is a crime by deceit and pursuit of monetary gain. The most common white-collar crimes are theft, ...

What does a seasoned lawyer know?

A seasoned lawyer knows that a prosecution will profit significantly from certain forms of facts, certain types of claims, and certain witnesses. An individual wants a lawyer who is confident in his skills and abilities, trusts in him, and sees the overall picture.

Can a white collar criminal lawyer compete in federal court?

The government is investigating many white-collar crime cases, and your white-collar criminal lawyers have more than a slightly working knowledge of Federal laws and are knowledgeable in this field. It would be best if you had someone that is highly experienced in criminal law and handles Federal courts on an ongoing basis.

Is it important to defend against white collar crime?

Many offenses against white collars can also have detrimental implications for potential careers, so it is incredibly important to make sure you are adequately defended. There are white-collar criminal lawyers that have successfully prosecuted numerous clients who have faced white-collar offenses or failed charges.

Can a white collar criminal be a crime?

Persons or businesses can commit white-collar crimes, and white-collar criminal laws are contained at the federal and state levels. This means if the crime is committed in a particular state or city you need to look for a local lawyer. In Townsville for example, you need a criminal lawyer Townsville, as a Sydney lawyer won’t know ...

Charged With A White Collar Crime?

If you're facing criminal charges of any type, you need to act quickly. State governments and United States federal agents, such as those from the Federal Bureau of Investigation (FBI), will move swiftly when they are gathering evidence and bringing white collar criminal charges.

White Collar Crime Attorney For All Types Of Charges

We've collected a list of the best lawyers to help you fight high-profile charges such as, embezzlement, securities fraud, tax evasion and tax fraud, bank fraud (and related financial crimes), wire fraud, insider trading, public corruption, violations of the Foreign Corrupt Practices Act (FCPA), credit card fraud, racketeering and RICO investigations, Medicaid fraud and other forms of health care fraud, insurance fraud, and money laundering.

How A White Collar Criminal Defense Attorney Can Help

There are a variety of issues in white collar criminal cases that only seasoned defense lawyers will be able to help you address.

Contact a White Collar Crime Lawyer Today

Contact a white collar crimes law firm listed on this site to help you mount a defense if you are charged with white collar offenses or are facing other criminal cases at either the state or federal level. Many of the firms offer a free consultation and handle a wide range of white collar cases and other criminal defense matters.

What is a White Collar Crime?

The term white collar crime is usually used to describe non-violent illegal actions. White collar crimes are becoming increasingly common, mostly due to new technology. Learn more about common white collar crimes and their possible penalties.

Prosecuting a White Collar Crime

Prosecuting a white collar crime may be difficult, because white collar crimes can become very complex and oftentimes don’t have a lot of physical evidence. Learn more about how to proceed during a prosecution and when to get a lawyer.

Illegal Gambling Laws

Illegal gambling has changed throughout the years, and has changed within each state. In general, illegal gambling now occurs online and may sometimes intersect with organized crime. Learn more about what constitutes illegal gambling and what the penalties may be.

Financial Fraud Law

Fraud occurs when a person intends to deceive others with the result of their own financial or personal gain. There are many different types of fraud, such as credit card fraud, insurance fraud, or bank fraud. What do you do if you have been caught up in fraud?

Money Laundering

Money laundering involves the transfer of money obtained from some illegal activity into legal channels in order to disguise its origin. There are various types of money laundering, as well as various punishments and possible defenses.

Blackmail and Bribery

A person may blackmail or bribe another in several instances. For example, a person may blackmail a public official, or a witness in a criminal trial. These crimes can have serious consequences, such as hefty fines or jail time.

Forgery Law

Forgery is a crime which usually involves passing information as the real item rather than a duplicate. Forgery is a serious crime and is often coupled with a charge of identity theft or fraud.

How long can you go to jail for a white collar crime?

You can face many years in prison if you are convicted of a white collar crime. A lawyer can review your case, determine if there are any defenses available to you, and represent you during any court proceedings, if necessary.

What is white collar crime?

The term “white collar crime” refers to the fact that individuals who commit these types of crimes are typically high-powered professionals as opposed to blue collar crimes, which are typically committed by laborers. Attorney fees for white collar crimes will vary depending on many factors. This may include location, type ...

How much does a criminal defense attorney charge per hour?

An individual can expect to pay between $150 and $700 per hour for a criminal defense attorney’s time. With this type of fee structure, it is not uncommon for the bill to reach the $10,000 to $15,000 range fairly quickly. An attorney who uses an hourly rate billing type may require the client pay a retainer fee.

How much does an attorney charge for a misdemeanor?

However, in some cases, such as a simple misdemeanor charge, an attorney may charge a flat fee of $1,000 to $3,000.

Why is it necessary for an attorney to spend money on things such as investigations that a client may not understand why they

It is necessary because the attorney must be prepared for a trial in the event one does occur because they will likely not have enough time to do so if given short notice.

What happens if you can't afford an attorney?

Loss of future employment opportunities; or. Other possible punishments. The United States Constitution guarantees a defendant the right to counsel in a criminal prosecution. If a defendant cannot afford an attorney, the court will appoint one for them.

Do you have to settle a case to have a trial?

It is important to note that even if the parties expect to settle a case, there is always a chance they will not and the case will lead to a trial. An attorney has to prepare every case as if it were going to trial, whether or not it does.

How do white collar lawyers work?

Most white collar lawyers work on a hourly basis, meaning that you will be charged a certain amount for each hour the lawyer works on your matter. At the end of each month, you will get an invoice that lists the number of hours worked, a description of the work done, the total amount of fees and the expenses incurred on your case.

Why are white collar cases so expensive?

White collar cases are expensive because they are often complex and involve a lot of documents. Your lawyers will have to review documents, find and interview witnesses, negotiate with the government before indictment, engage in a lot of legal research, draft jury instructions and pre-trial motions and prepare for trial itself. This requires administrative help—secretaries, paralegals, interns–and a lot of attorney time.

What is an advance retainer in an hourly fee case?

It is common practice in an hourly-fee case to ask for a large deposit (or “advance retainer”) to be deposited in the attorney’s trust (or escrow or IOLTA) account.

What happens if an employer indicts you?

If the indictment arises out of your employment, there’s a chance you may be indemnified. If your employer indemnifies you, then it will pay your legal fees. There are limits to this right that are beyond the scope of this post.

When to ask about fees with a lawyer?

You should always ask about fees during the very first meeting or telephone call —both the lawyer’s hourly rates and how much the upfront retainer will be. Do not be embarrassed about asking; this is a critical part of the relationship between you and your lawyer. I talk about fees during the very first phone call. It’s only fair to let someone know how much I cost and to find out if he can afford to hire me.

Do lawyers handle white collar cases?

Some lawyers do all kinds of criminal cases–white collar and “street crime.” This is fine. You don’t need someone who handles white collar cases exclusively, only someone who has enough experience to handle a white collar case well.

Is flat fee common in white collar cases?

Flat fees are not very common in white collar cases because of these cases’ complexity. But, if you know you plan to plead guilty and the case will be fairly short, then a flat fee is certainly possible.

image

Fraud

Image
Most violations of the white-collar are a fraud. Fraud usually involves manipulating somebody for money. Securities fraud is a common form of white-collar fraud. Stock fraud is fraud in securities trading. Securities fraud is found in many ways, but one common type is “insider trade,” where somebody has information on a co…
See more on businesspartnermagazine.com

Embezzlement

  • Embezzlement takes money wrongly from someone you owe some responsibility to. The most famous example is an employee who moves his employer’s money into a personal account, for instance. However, embezzlement can take several forms. Lawyers who misuse consumer funds commit misuse. Investment consultants who abuse customer funds are also entrusted with prot…
See more on businesspartnermagazine.com

Fiscal Avoidance

  • A financial tax evasion is an act of white-collar where the victim wants to stop taxes where he otherwise owes. Tax evasion can vary from merely submitting tax forms with false information to transferring property unlawfully to escape tax liability. Both individuals and companies can commit criminal fraud of taxes. As with theft, there can be count...
See more on businesspartnermagazine.com

What Is A White-Collar Defense Lawyer Doing?

  • You may wonder what white-collar criminal lawyers do – or can do – for you, correctly. To this end, we have produced a list of things an attorney should do when hiring him/her to protect you. Many of the other things a white-collar crime lawyer does but definitely is not limited to are as follows. An advocate for white-collar crime will also compete at the Federal Court. The governm…
See more on businesspartnermagazine.com

Factors to Consider When Choosing One

  • The lawyer has the right expertise and contacts but has a personality and a character that makes the client feel confident. Juries usually decide criminal proceedings. Customers are more likely to be swayed by attorneys who have a personal bond with the result. A relation may often mean the difference between listening and being convinced and ultimately decided by an argument. It is e…
See more on businesspartnermagazine.com