It does not matter whether you are a business owner, executive, healthcare provider, or another professional, if you are under investigation or already charged with a white-collar crime, the consequences can be catastrophic. Not only is your reputation at stake, but you could be facing exorbitant fines and significant imprisonment.
At Mongiardo Law Group, our white-collar crimes defense attorneys based in Passaic County know how the investigations operate and strategically respond with a well-planned defense. Contact us at (973) 298-4557 or online to schedule a free consultation to make sure your rights are protected.
Common White-Collar Crimes
White-collar crimes involve the use of deception to obtain an unlawful financial gain. Sometimes referred to as corporate or financial crimes, white-collar crimes are non-violent and financially motivated.
Common white-collar crimes include the following:
-
Antitrust crimes (when a company, for example, participates in bid rigging, monopolistic commercial activities, price fixing, etc.)
-
Bank and check fraud
-
Bribery
-
Computer and intellectual property crimes
-
Counterfeiting
-
Embezzlement (when someone has obtained funds from a federally-insured financial institution through improper means)
-
Environmental violations and compliance
-
Export/Import violations
-
Forgery
-
Healthcare fraud and Medicare fraud
-
Insider trading (when someone with inside knowledge of a company uses that knowledge to buy and sell stocks)
-
Mail and wire fraud
-
Mortgage fraud
-
Money laundering (when someone disguises or conceals unlawful sources of money)
-
Securities fraud
-
Tax evasion
These crimes are referred to as “white-collar” because it is most often professionals who have access to large amounts of money in the course of their work and who are charged with these offenses.
White-Collar Crime Penalties
Possible penalties for a conviction of a white-collar crime include the following:
-
Imprisonment
-
Probation
-
Fines
Some people view white-collar crimes as “victimless” and, therefore, less serious than violent or drug crimes. However white-collar crimes often involve a breach of trust by someone in a position of responsibility. For this reason, the penalties for white-collar crimes are harsh, and a conviction can often result in a lengthy prison sentence.
Aside from fines, other financial penalties can be imposed, such as the following:
-
Paying the costs of the prosecution
-
Paying restitution to the victims
-
Forfeiting certain assets
Beyond the penalties imposed by a court, a conviction for a white-collar crime can have long-term social consequences, particularly in terms of finding work. An offender may lose their professional license or be barred from working by the relevant professional association.
Common Defenses to White-Collar Crimes
The defenses available to a defendant will depend on the specific circumstances of their case. However, common defenses often used in white-collar crime cases exist.
Lack of Intent
To prove most white-collar crimes, the prosecution needs to establish that the defendant intended to commit the crime. If the defendant had no intention of engaging in unlawful activity, they may be able to defend against the charge.
Entrapment
When investigating white-collar crimes, law enforcement may set up an operation to try to catch suspected individuals. Although this investigative technique is permissible, law enforcement cannot coerce an individual to commit a crime. If they do so, and the defendant would otherwise not have committed the act, the defendant may be able to argue the defense of entrapment.
Duress
If a defendant was forced to commit a white-collar crime because of threats, they may be able to defend themselves based on duress. Also referred to as coercion, duress requires the defendant to show they committed the act only because of an immediate and inescapable threat of bodily harm or death.
Incapacity
Where a defendant lacks the mental capacity to understand the criminal nature of their actions, they may be able to argue incapacity.
Defense Strategy
Regardless of whether or not any of these affirmative defenses apply in your unique case, our white-collar criminal defense lawyers will investigate your case and develop a defense strategy. Part of this strategy may include considering whether there were any violations of your 4th Amendment rights. You or your property may have been unlawfully searched and seized. You may have been unlawfully questioned. A warrant may have been unlawfully obtained and/or executed. If a violation exists, evidence could be suppressed.
Contact Mongiardo Law Group
If you have been accused of a white-collar crime, immediate action should be taken. At Mongiardo Law Group, our criminal defense lawyers in Passaic County will discuss your case with you and examine all potential defenses. Contact us at (973) 298-4557 or online to schedule a free consultation to make sure your rights are protected.
