why you need a lawyer for financial crimes

by Prof. Pierre Lehner 3 min read

Reasons Why You Might Need a Finance Lawyer

  • Protecting Your Assets. Protecting your assets is imperative for any owner. When an issue arises, your property could be...
  • Merging and Acquisitions. If you are eyeing expansion of your company by gaining revenues through merging or acquiring...
  • Projections and Investments. Your finance lawyer would be able to give you powerful...

If the state is accusing you of a financial crime, it's important to retain a defense attorney. Often, public opinion is decidedly prejudiced against alleged financial criminals. As a result, you need a lawyer that will be able to not only prove you innocent but also clear your name.

Full Answer

What does a financial lawyer do?

Financial law overlaps with many other areas of life, and so financial lawyers are skilled at handling issues with: Banking (i.e. loans, mortgages, bank disputes) Bankruptcy claims (both consumer and business) Debts and collections Insurance and annuities Taxes Trusts, Wills, and Estates Securities Law

How to choose the right lawyer for a financial case?

Give a lawyer any facts and specific details about the financial issue you need help with. If the lawyer has all the important information, they will be able to decide if they can take the case. If they cannot take your case, they can tell you what type of lawyer can help you.

Why do I need a lawyer to handle debt collection?

An experienced lawyer can make sure that any debt collectors are following the rules for collecting debt. Also, they will know about the specific rules under The Fair Debt Collection Practices Act (“FDCPA”). A specialized attorney will also know debt collector harassment laws.

What does a securities lawyer do?

Securities Law: Securities law deals with the sale, purchase, and creation of security interests. Common examples include stocks and bonds. Many federal laws apply to securities. A specialized financial services lawyer will help you understand this complicated area of law. How Do I Start the Process of Finding a Financial Lawyer?

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What do you do in financial crimes?

Your duties and responsibilities include investigating suspected crimes and violations of policy by analyzing physical and electronic evidence, conducting customer interviews, collaborating with law enforcement when necessary, and preparing investigative reports to record your findings.

Who investigates financial crime?

The Financial Crimes Enforcement Network (FinCEN) is a bureau of the United States Department of the Treasury that collects and analyzes information about financial transactions in order to combat domestic and international money laundering, terrorist financing, and other financial crimes.

Are financial crimes serious?

Being charged with fraud or a financial crime is a serious situation. If you're charged with any one of theses crime classifications, or are asked questions by investigators, you need to talk to an experienced criminal defense attorney as soon as possible.

What are the top 3 financial crimes?

Financial crime is commonly considered as covering the following offences: fraud. cyber crime. money laundering.

What is financial crimes compliance?

Financial crime compliance is the process of ensuring that your organization is meeting the standards, policies and regulations (both internal and external) that apply to your industry and organization.

What are the 3 stages of money laundering?

Although money laundering is a diverse and often complex process, it generally involves three stages: placement, layering, and/or integration. Money laundering is defined as the criminal practice of making funds from illegal activity appear legitimate.

Do financial crimes involve just money?

Finance crimes are property crimes that involve taking money or other property that belongs to someone else, and using it for your own benefit. Finance crimes are often a type of white collar crime, which is a nonviolent crime committed by a business or government professional in the context of their occupation.

What is the most common financial crime?

The most common crimes facing the financial sector are money laundering, terrorist financing, fraud, tax evasion. These crimes are committed every day, and governments worldwide are frequently prosecuting financial criminals while searching for new ones.

What are common types of financial crime?

The 5 Most Common Types of Financial Crimes. Every day, hundreds of Texans are involved in one of the many financial crimes, either as an offender or a victim. ... Identity Theft. Identity theft involves using someone else's personal information for financial gain. ... Insurance Fraud. ... Credit Card Fraud. ... Embezzlement. ... Tax Fraud.

What is very often used to commit financial crimes?

Cartels and gangs are the most common money launderers. Some sophisticated techniques may include different financial institutions such as accountants, shell companies, financial and consulting institutions.

Why is it important to have a finance lawyer?

Keeping a finance lawyer is handy for when you experience problems because they are already versed with your company and could prepare better in answering summons or notices.

What is finance lawyer?

a Finance Lawyer. Lawyers are some of the most important people you should employ in any organization. They lay out the policies and guidelines in accordance with the mandate of the law and government. Without their expertise, you could run into problems concerning the implementation of the guidelines you create for your company.

Why is protecting your assets important?

When an issue arises, your property could be eyed by people who could claim rights from accidents, debt, and even dissatisfaction from your products and services. Your assets could be endangered to liquidation to compensate for these claims and you could lose your wealth over ugly and lengthy legal battles.

Why do you need an asset protection strategy?

This is to protect your assets from creditors so they get to access your most protected and important ones. There are legal ways to protect some of your assets from lawsuits, creditor claims, and even bankruptcy. You would need to tailor an asset protection strategy with your finance lawyer to allow him to analyze your financial status ...

Can a finance lawyer help you?

It’s not only in finance that your lawyer can help you with but with general business and corporate law. Your finance lawyer can help you with any aspect of your business, but they are also versed in helping secure a more financially advantageous status. With their help, you wouldn’t have to run into problems and experience any losses due to ...

What Agency Investigates Financial Crimes?

Financial Crimes Enforcement Network (FinCEN) is a bureau of the United States Department of the Treasury that collects and analyzes information about financial transactions in order to combat domestic and international money laundering, terrorist financing, and other financial crimes.

Can A Lawyer Investigate A Crime?

As well as using court discovery procedures to obtain evidence from the prosecution, defense attorneys are also required to investigate the cases of their clients. The best lawyers will gather evidence of their own in preparation for trial, and even to determine whether the client has a reasonable chance of winning.

Does The Fbi Investigate Financial Crimes?

Violent crime, drugs, organized crime, gang activity, and financial crimes are still being investigated. Corporate fraud and corruption are still being aggressively prosecuted.

What Does Financial Crime Cover?

In addition to insider dealing, money laundering, terrorist financing, fraud, bribery and corruption, tax evasion, and market abuse, financial crime also includes a wide range of other criminal activities. It is for this reason that these types of crimes are committed.

What Are The Top 3 Elements Of Financial Crime?

It is bribery and corruption to receive money. The abuse of the market and insider dealing. The security of information.

What Do White Collar Lawyers Do?

A white collar or FCPA lawyer’s job is to represent clients in legal disputes. The “day-to-day” practice of white collar law is very specialized, and it is similar to civil litigation, with a lot of research, drafting, factual development, and argument, but with more significant client contact, which is more common.

What Is A Financial Crime Investigator?

An investigator of financial crimes focuses on illegal activities that lead to monetary gain. It is possible to work for federal, state, and local agencies as a financial crimes investigator, or for the private sector as a fraud analyst, loss prevention, compliance, or private investigation specialist.

What is the reputation of a financial lawyer?

Reputation: The reputation of a financial lawyer is an important factor to consider. A financial lawyer with a good reputation in a specialized area of finance law will give you the best results. Personality: Everyone has a different personality.

How to find a financial lawyer?

Using LegalMatch to find a financial lawyer online is very easy. All you need to do is fill out a contact form online. As soon as possible, a financial lawyer in your area will respond. Users can leave reviews of attorneys. If you want, you can look at attorney profiles and reviews and contact a specific attorney yourself. The information you fill out can be seen by multiple qualified and experienced financial lawyers in your area. LegalMatch’s free service will help you find the best financial lawyer for your specific legal financial issues.

What is an annuity lawyer?

Insurance and Annuities: A financial services lawyer can help you understand your insurance or annuities. An annuity is a contract used to create a savings or retirement plan. A financial services lawyer can explain the details of your annuity contract.

What kind of lawyer can help with taxes?

Depending on your specific situation, different tax laws will apply. A financial services lawyer that specializes in tax law can help you file your taxes. They will explain what tax laws affect your personal taxes or your business’ taxes. They can offer advice during the entire process of filing your taxes.

How does bankruptcy affect your life?

If your business is involved in bankruptcy, they can tell you how to best protect your company’s assets during the entire process .

What does an experienced lawyer do for debt collectors?

An experienced lawyer can make sure that any debt collectors are following the rules for collecting debt. Also, they will know about the specific rules under The Fair Debt Collection Practices Act (“FDCPA”). A specialized attorney will also know debt collector harassment laws.

What is financial services lawyer?

A financial services lawyer is an attorney who helps people with financial legal issues. This kind of lawyer often specialize in a certain type of finance law. A financial lawyer can help clients with a wide variety of financial matters. Finance law includes many different specific areas of law. Finance law deals with the rules ...

What Are White Collar Crimes?

White collar crimes are different from so-called street crimes, and are generally committed by people in different societal classes. Robbery, whether in the form of a home invasion, mugging, purse snatching or pickpocketing, is a type of street crime. Other examples include assault and battery, domestic violence, and sexual assault.

How Does White Collar Crime Differ from Other Areas of Criminal Law?

There are several differences between white collar crimes and other areas of criminal law. In most instances, there is no violent aspect – no risk of bodily harm to an individual victim or damage to property. You might hear these termed “paper crimes” because they do not take place in public.

Why Do I Need a Criminal Law Specialist on My Side?

If you have been accused of any type of white collar crime, it is essential that you have experienced legal counsel. Many types of white collar crime actually cross the line between state and federal boundaries, meaning that you could face both state and federal charges in court.

How Can Gasner Criminal Law Help with My Case?

Adam Gasner has extensive experience representing clients accused of white collar crimes, at both the state and federal level. He is also one of only a handful of attorneys in California to earn the distinction of being a Board-Certified Specialist in Criminal Law. He will bring is experience, education, and expertise to bear in your defense.

Schedule Your Consultation Today

If you have been accused of any form of white collar crime, do not wait. It is vital that you have outstanding representation from the very beginning of your case. Call Gasner Criminal Law today at 415-782-6000 to schedule your no-cost, 60-minute consultation. You can also use the from on our contact page .

What is financial crime?

Financial Crime. Federal law enforcement professionals are concerned about victims and witnesses of financial crimes. As a victim or witness, you probably have questions about how a case will be investigated, what services and information will be available to you, and how you can begin to cope with your financial losses.

Why is financial assistance important?

Even though the months ahead may be difficult for you and your family, your assistance is important to ensure that justice is fully achieved. The investigation of a possible financial crime is complex and may involve several law enforcement agencies.

How to recover losses from fraud?

Finally, if you believe the fraud perpetrator has assets, you may be able to recover losses through a civil lawsuit. Contact your state or local Bar Association for the names of attorneys who specialize in this area of law to determine if your case is appropriate for civil action. Another remedy may be with the Small Claims Court for the county in which the crime occurred.

What does a coordinator do in the criminal justice system?

Each Office has a Coordinator to serve as your liaison throughout the process, to answer questions about the status of a case, and to assist with victim concerns. Some rights may only be available if a case is accepted for prosecution. Once a case is indicted, you have the right to information about the continuing status of a case.

What services can help victims of a crime?

Local Legal Aide, Senior Community Center Legal Programs, and Family Services Centers may also provide victim assistance, especially if your income is limited. Check with your local directory information telephone services for information for each community.

What are the rights of a federal crime victim?

Federal crime victims have a number of rights during their participation in the criminal justice system. If you ask to be kept informed about the status the case, you may either receive periodic updates, or you may contact the case agent or agency's Victim/Witness Coordinator (Coordinator) on an ongoing basis.

Is a defendant presumed innocent?

In regards to the criminal justice process, all defendants are presumed innocent until proven guilty in a criminal court. Investigations may involve hundreds of victims in one case. During the investigation process, the case agent/Coordinator will remain your principle contact.

Why is it important to have a criminal defense attorney?

The most beneficial aspect of having an experienced criminal defense attorney is that they are going to have experience with cases similar to yours. While this may be the first time that you have ever had to deal with your particular case, chances are very good that your attorney has gone through cases similar to yours dozens of times. This means that they can help you navigate the process with ease, and they know the ways to get your case resolved in the best possible manner. They will be able to navigate the system like a seasoned veteran which can help your case get taken care of faster.

What happens if you don't follow the proper procedures?

Law enforcement has a duty to uphold certain procedures when they are processing an arrest. If they do not follow these proper procedures, this tarnishes your case. A good criminal defense attorney will be able to go through the entire process and make sure that no evidence has been tampered with, no witnesses have been coerced, and nothing else is out of place. Even something simple as the process by which an officer gathers evidence is highly controlled. Your attorney can make sure that they follow the procedure accurately because if they did not, you could have the entire case dismissed.

Why is financial crime a concern?

This concern arises from a variety of issues because the impact of financial crime varies in different contexts. It is today widely recognised that the prevalence of economically motivated crime in many societies is a substantial threat to the development of economies and their stability.

Why do terrorists need financial support?

Terrorist organisations require financial support in order to achieve their aims and a successful terrorist group, like any criminal organisation, is therefore one that is able to build and maintain an effective financial infrastructure.

What is dishonestly generated wealth?

First, there are those activities that dishonestly generate wealth for those engaged in the conduct in question. For example, the exploitation of insider information or the acquisition of another person’s property by deceit will invariably be done with the intention of securing a material benefit.

How do terrorists manage their finances?

To manage their finances, they draw on the services of professionals, such as bankers, accountants and lawyers, and take advantage of a range of financial services products.

Is fraud prevention a common objective?

that fraud prevention is a common objective throughout the organisation at all levels, that they have been trained to play their part in the fight, and that their efforts are acknowledged.

Do financial institutions have to report money laundering?

Financial Institutions must also consider any obligations they might have to report suspicions of money laundering (including any successful fraud).

Who are the victims of fraud?

The victims may be the financial sector firms themselves or the customers of those firms. The proceeds of fraud are rarely generated in cash. The funds that are the target of the fraud are generally already within the financial system but will undoubtedly need to be moved in order to confuse the audit trail.

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Protecting Your Assets

Merging and Acquisitions

  • If you are eyeing expansion of your company by gaining revenues through merging or acquiring another company then you need to have a finance lawyer. You wouldn’t be able to successfully acquire or merge with a property or another company without the knowledge, expertise, and guidance of your finance lawyer. They would be able to help you with the l...
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Projections and Investments

  • Your finance lawyer would be able to give you powerful insights when it comes to projections of making possible investments. They can help you analyze the next best move when it comes to the potential acquiring of new assets. They can provide the guidelines to make the right decision and step to invest in shares and securities. You have to take note though that it takes the right lawye…
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Making Loans and Borrowing Money

  • Sometimes, a company would need to seek financial aid in the form of loans and borrowing of money. When you have no one to advise you on the most optimal way of doing this, you could run into problems as you can be indebted to more than you are supposed to. You have to go through terms of paying back, interests, and other technicalities. The most important thing is to not mak…
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Cost and Benefits

  • Your finance lawyer could work hand in hand with the Human Resource department in terms of coming up with the appropriate cost and benefits which includes monthly wages, benefits, and other financial entitlements. Since these aspects require a good reading of the law, they would need guidance in order not to run into problems because of unpaid or underpaid employees. Yo…
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