Aggressive Criminal Defense for Fraud & Financial Crimes
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. You need an aggressive white collar crime lawyer fighting on your behalf to avoid severe consequences. Your freedom, financial independence, and the well-being of your family are at stake, as a common penalty of white collar crimes involves freezing all of your bank accounts and assets. You may also face forfeiture of your home and personal property. You could be left with nothing after a conviction, which makes hiring a white collar crime lawyer absolutely critical.
Matt Shafran, of Weinstein Legal, is a former prosecutor who now works tirelessly as a criminal defense attorney to ensure each client has the best chance in front of a judge or jury. With years of experience working on the other side of the courtroom, hiring Mr. Shafran as a white collar crime lawyer on your defense team provides you with a great advantage. Being familiar with common routes a prosecutor will take to prove your guilt, Mr. Shafran is already a step ahead in forming your defense. Protect yourself today and contact Weinstein Legal for a free case evaluation.
What Constitutes a White Collar Crime?
White collar crimes are non-violent and relate to monetary schemes that are against the law. Business people and government officials are the most commonly prosecuted individuals, as well as those who often deal with finances or property.
Bribery, extortion, and embezzlement are common white collar crimes. This would also include economic crimes such as insurance fraud, public assistance fraud, and withholding of sales tax. White collar crime law often applies to crimes that take place as part of a business arrangement. However, they may also include environmental crimes such as the intentional violation of health and safety regulations for financial gain or otherwise.
White collar crime law, according to the FBI, includes illegal activity based on deceit, concealment, or violation of trust for a person or company’s monetary gain. The crimes may be committed against another individual, a corporation, the government, or the public. They may be for personal gain or invested in the interest of a company or government body.
Common Forms of White Collar Crime
As there are many situations in which a white collar crime may occur, there are many different forms. The term “white collar crime” is broad and can include many different charges. Each charge is serious, and hiring a white collar crime lawyer is imperative to form a defense. As white collar crimes often involve large sums of money, deception of government or private entities, or endangering the safety of others, judges and juries are unlikely to go lightly on offenders.
Common forms of breaking white collar crime law, according to the FBI, include:
- Public Assistance Fraud
- Tax Evasion
- Money Laundering
- Ponzi Schemes
- Insider Stock Trading
- Identity Theft
- Copyright Crimes
- Copyright Crimes
- Misrepresentation of Financial Status
- Falsification of Financial Information
- Participating in Monetary Kickbacks
- Transactions That Evade the Oversight of Regulatory Bodies
- Misusing Business Property for Financial Gain
- Health Care Fraud
- Human Trafficking
- Stock Market Manipulation
- Economic Espionage
- Mail Fraud
- Social Security Fraud
- Public Corruption
- Violating FDA Regulations
- And More
Individuals and businesses commit these crimes in many ways, and an individual can be swept up in a crime without knowing it if they are an employee or member of an institution involved. Sometimes, employees are kept in the dark or unknowingly participate by following a “protocol” set in place by a higher authority. White collar crimes are often committed at the top level of organizations, with key financial players imposing an elaborate shroud of secrecy. A white collar crime lawyer will know how to proceed if this is the case.
Who Enforces White Collar Crime Law?
Several federal regulating bodies enforce white collar crime law. The first is the FBI. The second is the Internal Revenue Service (IRS), and the third is the Securities and Exchange Commission (SEC). What this means is that many white collar crimes are prosecuted at the federal level, making them extremely serious. Additionally, many states have individual agencies that enforce white collar crime law, particularly involving their own governing bodies.
How Are White Collar Crimes Proven in Court?
As white collar crimes are prosecuted as criminal charges, it is the burden of the state or federal government to prove that you are guilty. They must provide enough evidence to convince a judge or jury, beyond a reasonable doubt, that the crime occurred and that you are responsible.
It may be easy to prove that a crime occurred, whether it be through financial documents, internal memos, or other paper trails. However, showing an individual is responsible for the crime is much more difficult. As many white collar crimes involve large organizations with many people, it can be hard to pinpoint who is responsible.
Additionally, an individual’s intent to commit the crime must be proven. What this means is that you must have knowingly committed the crime of which you are accused. Making a simple mistake, such as misdating a document or entering an incorrect number into a computer database, is no basis for a crime. It is just that, a mistake. These are things that a white collar crime lawyer will know to look for and bring up during a case.
Whistleblowers and Inside Witnesses
Due to the difficult nature of proving intent to commit a crime, prosecutors, judges, and juries often rely on witnesses in the case that can corroborate the claims. As white collar crime law can often be he said/she said without first-hand knowledge, law enforcement will often employ the use of witnesses who were part of the organization and knew about the crimes.
If an organization or individual is being investigated, the law enforcement body responsible for investigating white collar crime law may reach out to a reputable source during their investigation. They may recruit this person to work on behalf of the law, to collect information and report back. This sort of testimony can be particularly damaging, making it essential that you hire a white collar crime lawyer for your defense.
Another type of witness that may be called is what is known as a whistleblower. Whistleblowers are individuals who report government corruption and illegal acts, and the Whistleblower Protection Act protects them. Whistleblowers are not recruited by law enforcement but are employees of the government body on which they are reporting.
Whistleblowers must meet specific criteria outlined by the United States Congress to be deemed credible. A white collar crime lawyer will know which clauses to examine. If a whistleblower is proven to be untrustworthy, their testimony may be denied in a court of law.
Defenses to White Collar Crime Charges
There are many viable legal defenses to white collar crime charges. Hiring a white collar crime lawyer is essential in making sure that you have the best chance in court. With an experienced white collar crime lawyer, your innocence may be proven before you even reach trial, and your charges may be dropped. For this to happen, you need the most aggressive attorney fighting for you. Mr. Shafran is the white collar crime lawyer of choice. He will stop at nothing to make sure all of your rights are upheld and that you are not falsely convicted.
If You Have Reported the Crime
First and foremost, it is crucial to remember the laws that protect whistleblowers. If you are the person who brings knowledge of illegal activity to the authorities, you are most likely unable to be prosecuted for the crimes you report. If you are working on behalf of law enforcement, providing information relating to white collar crime law throughout an investigation, you are most likely not culpable for the crime.
For example, if law enforcement asks you to be present at key meetings regarding a white collar crime, you are most likely protected from prosecution, as you were serving as a cooperator. If either of these situations applies to you, know that you have rights and protection of the law on your side. A white collar crime lawyer will bring this to light immediately, and you may never face a trial.
Participation without Knowledge
Another defense to white collar crime charges is that you did not knowingly commit any crime. If those above you in an organization participated in illegal activities, yet you were unaware they were taking place, it is unlikely that you can be held responsible.
For example, if you drove a person to meetings that played a role in the crime but had no knowledge of the activities, you will most likely not be held responsible. Similarly, if you are given documents by a superior and told to input the information into a computer or database, with no knowledge that the data is incorrect, you may not be held liable for the misrepresentation.
Contact a White Collar Crime Lawyer
If you are facing charges, or believe that you may be facing imminent charges, contact Mr. Shafran at Weinstein Legal today. You must hire a white collar crime lawyer as soon as possible to begin forming your defense. White collar crime convictions can land you in prison for years, separated from your family and friends. As a court may order you to pay for all legal fees in addition to reparations, you may be left facing bankruptcy and forfeiture of your home, vehicles, and assets.
These are not things that you can take a chance on. You stand to lose everything when facing charges relating to white collar crime law. If you are convicted of a felony charge, you will likely lose your right to vote and have problems finding employment and housing. Felony charges remain on your record permanently, and many employers have policies against hiring those with felonies on their records.
Additionally, a white collar crime conviction will tarnish your reputation. They are public record, meaning anyone can see the conviction on a background check. A simple online search of your name will likely show the conviction. Do not allow this to happen. Do not take the chance of hiring a lawyer who is not experienced in white collar crime law. You need to hire the best white collar crime lawyer available. One that will not stop fighting for you. You need a white collar crime lawyer who is easily accessible, that you can communicate with as frequently as you need.
When you hire Matt Shafran as your white collar crime lawyer, that is precisely what you get. The best legal representation.