Brooklyn White Collar Crime Lawyer

Brooklyn White Collar Crime Attorney

Many people mistakenly assume that white collar crimes are minor crimes. In reality, defendants facing serious charges like money laundering and securities fraud face serious penalties if they are convicted. Even though white collar crimes are nonviolent by definition, they can require the skilled legal defense from a Brooklyn white collar crime lawyer. Our law firm, The Vitaliano Law Firm, can help you navigate a wide range of criminal charges.

Which Crimes Are Classified as White Collar Crimes?

White collar crimes are differentiated from other crimes due to two main elements. One, no violent act was committed. They generally involve public corruption and fraud. The other main element is that financial gain is the primary motivation for the offense.

Crimes like robbery and theft often involve financial motivations, but white collar crimes are generally more calculated, meaning the alleged perpetrator has a fairly clear understanding of the potential monetary gain that could result from the offense. White collar crimes are often committed by middle- and upper-class individuals who are gainfully employed.

Crimes that are classified as white collar offenses nclude:

• Fraud: Fraud refers to the intentional misrepresentation of financial statements and other documents. This criminal charge comes with serious penalties. Wire, internet, check, and tax fraud are the more common types of fraud that are prosecuted in New York.
• Pyramid schemes. These are also known as Ponzi schemes. They typically require new investors to pay off early investors. This gives the appearance of legitimacy. At some point, these schemes always collapse.
• Wage theft. Employers are required by law to pay for services rendered by full- and part-time employees. Any effort to pay an employee less than what they are owed may be prosecuted as a form of fraud.
• Money laundering. Money laundering refers to any illegal activity intended to disguise illegal activities as legitimate endeavors. For example, drug dealers may pass money through an independent clothing store to disguise its actual origin.
• Bribery. Anyone in a position of authority cannot use their position to extort influence or money from another person. Any attempt to do so could be considered bribery. Money doesn’t even need to be exchanged. An example would be a business owner offering free merchandise or a paid vacation to a city counselor so they can get a favorable law passed.

Insider trading is another white collar crime that is often investigated by the Securities and Exchange Commission which takes the criminal offense seriously. Any conviction for a white collar crime comes with potential penalties that could include fines and imprisonment.

New York Laws That Apply to White Collar Crimes

White collar crime does not refer to a specific criminal offense but a broad category of offenses. For this reason, the laws that may apply vary based on the conduct that prosecutors allege occurred.

New York Penal Law § 190.65, for example, defines first-degree scheme to defraud. Under specific conditions, this statute covers situations where an individual:

• Participates in a prolonged pattern of behavior.
• Aims to deceive multiple people through dishonest tactics.
• Procures assets valued over $1,000 from at least one victim.

Scheme to defraud in the first degree is a Class E felony.

When a White Collar Crime Can Become a Federal Offense

Federal authorities may investigate and prosecute financial crimes in Brooklyn as well. Federal criminal laws may apply when the alleged conduct involves:

• Federal programs
• Multiple states
• Financial institutions insured by the federal government
• Possible violations of federal criminal statutes

Federal agencies such as the FBI, IRS Criminal Investigation, or others may conduct an investigation. The U.S. Attorney’s Office for the Eastern District of New York prosecutes federal cases in Brooklyn and elsewhere within the federal district.

This matters because state and federal crimes are charged under different laws, carry different penalties, and involve different procedural rules. An investigation by one agency does not necessarily prevent another from learning about the conduct or opening its own inquiry. For this reason, someone who is the subject of an investigation should determine which agency or agencies are involved.

White Collar Crime Investigations

Not every criminal case begins with police officers arresting someone outside their home. White collar investigations may unfold over years. They may start with the review of business records and financial transactions, all without the person under investigation ever knowing about it. Types of evidence that may be involved in white collar crimes include: 

• Bank statements
• Tax returns
• Invoices
• Text messages
• Emails
• Phone calls
• Eyewitness interviews
• Surveillance records

Prosecutors may want to know not just what transactions took place but also who authorized them, along with what information each person involved knew at the time.

Financial Crime and Fraud Statistics in New York

Millions of New York consumers are victims of fraud every year. In 2024, New Yorkers filed 278,662 fraud and other reports with the Federal Trade Commission’s Consumer Sentinel Network. New Yorkers collectively lost about $534 million to fraudulent schemes in 2024, with the typical individual loss coming in at $429.

Identity theft was the subject of 17% of all reports from state consumers. Imposter scams made up another 11%. During 2024, the FTC received 58,692 identity theft reports from New York consumers.

Remember that these numbers involve consumer reports, not criminal charges or convictions. They should not be viewed as a reflection of how many people committed white collar crimes in New York. However, they do show how many fraud-related complaints law enforcement agencies and regulators receive each year.

Financial Evidence in a White Collar Crime Case

Financial records and evidence are often central to white collar crime investigations. In some cases, prosecutors may use the records to trace how money moved from one account to another. Documentation could also include invoices compared to services performed, emails discussing transactions, or notes made by someone altering records.

Intent can have a major role in some financial crimes. The larceny statute, for example, requires proof that someone intended to deprive another person of property or otherwise appropriate that property for their own use. When money is exchanged in a business context, simply suffering a financial loss or completing a transaction that does not produce the expected result is not necessarily proof of theft or another crime.

If enough evidence exists, the defense can look at the evidence and present explanations about who had control over an account, who authorized a transaction, and what was known by each person at the time a transaction occurred. Witnesses could explain why records appear the way they do.

Where Cases May Be Heard

Brooklyn criminal cases may be heard in either state or federal court, depending on the charges. State-level felony charges may be prosecuted in the Kings County Supreme Court. The courthouse is located at 360 Adams Street, Brooklyn, NY 11201.

Because of its location, the Kings County Supreme Court handles serious criminal charges throughout Brooklyn. Cases in neighborhoods such as Williamsburg, Bushwick, Crown Heights, Flatbush, and Bay Ridge may end up at this courthouse.

Federal charges would be filed in the U.S. District Court for the Eastern District of New York. If federal prosecutors become involved, it is critical to understand the differences between federal and New York criminal white collar crime laws.

White Collar Crime Penalties

White collar crimes range from misdemeanor offenses to felonies. A white collar crime conviction could result in significant fines and potential jail or prison time, depending on the nature of the crime and how much it has affected the alleged victim(s).

Fines are not the only financial consequence of white collar crime. Depending on the law that applies and the circumstances of the case, prosecutors may seek restitution or forfeiture.

Victim restitution involves compensating the victims of a crime for their losses. Forfeiture may allow the government to seize money or property involved in an offense or proceeds from alleged criminal activity. This is separate from the fines that may be imposed after a conviction. As a result, the specifics of a given case might address the extent of financial loss, restitution, forfeiture, and penalties.

Money or financial allegations may also affect employment or professional licenses. This is especially true if the individual has a job or license for a profession that requires handling money or acting in a fiduciary capacity for others.

Why Hire a White Collar Crime Lawyer?

Someone may hire a white collar crime lawyer to protect their rights and challenge financial evidence in a criminal investigation or proceeding. A Brooklyn white collar crime attorney can determine what charges may apply, based on the facts, and identify any weaknesses in the case. Having someone review the records can let them establish what they show instead of allowing the court to assume that every unusual transaction is evidence of a crime.

Potential Defenses Against Allegations of White Collar Crimes

Your white collar crimes attorney can provide counsel for a robust legal defense against a white collar criminal charge. Some of the more common criminal defenses may focus on the lack of intent behind the alleged criminal offense. White collar crimes are dependent on the intent of the defendant.

Your criminal defense attorney may also explore the entrapment defense. If you were pushed into a criminal act, they may argue that law enforcement officials overstepped their bounds when accusing you of committing a crime. Defendants also have protections against unlawful searches and seizures under the Fourth Amendment.

A white collar crime defendant may also argue that they were coerced into committing a criminal act or did not know that a crime was being committed.

Prosecutors have a very high bar to meet when trying to prove your guilt beyond a reasonable doubt. Anything that weakens their case can ultimately lead to better outcomes for you.

What to Expect From Your Brooklyn White Collar Crime Defense Attorney

The top job of your white collar crime defense attorney in Brooklyn is to find the optimal outcome for your case. In some cases, this may mean a legal strategy that focuses on your innocence. In others, your legal defense may attempt to reduce the potential penalties for your case.

White collar crimes are complicated and require that prosecutors prove that complex financial matters were committed with criminal intent. Rebutting accusations of white collar crimes often requires the skills of an experienced white collar defense attorney. Your lawyer can carefully review all evidence presented against you, including witness testimony, to look for weaknesses that could ultimately exonerate you of any wrongdoing.

FAQs

Q: Who Solves White Collar Crimes?

A: White collar crimes are solved at the local, state, and federal levels. Many district attorney offices have white collar crime divisions that focus on investigating crimes like wire fraud, embezzlement, and health care fraud. The federal government, often through the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and Federal Bureau of Investigation (FBI), frequently investigates white collar crimes.

Q: What Is a White Collar Crime Defense Attorney?

A: A white collar crime defense attorney is anyone who focuses on representing clients who stand accused of white collar crimes, like wire fraud, money laundering, and embezzlement. These attorneys are criminal defense lawyers who understand the laws and statutes surrounding white collar crime. These offenses are complex and require an experienced attorney who understands how white collar crimes are investigated and prosecuted.

Q: What Are Some of the Most Common White Collar Crimes?

A: Some of the most common white collar crimes are corporate fraud, money laundering, and securities fraud. These crimes often occur in office or corporate settings. Any crime that includes fraud and the misrepresentation of information for financial benefit can be considered a white collar crime. Less common white collar crimes include Ponzi schemes and embezzlement.

Q: Why Are White Collar Crimes Hard to Prosecute?

A: White collar crimes are hard to prosecute because many law enforcement agencies lack the resources to adequately investigate the complicated ways these crimes are carried out. Following the money trail requires knowledge of financial forensics and other skills. Prosecutors also face unique challenges when proving their case because they must prove the defendant’s intent to defraud.

Schedule Your Brooklyn White Collar Crime Consultation Today

If you were charged with a white collar crime, your defense can greatly benefit from the experience and knowledge of a Brooklyn white collar criminal defense attorney. White collar crimes are often more difficult to prove than other criminal acts. Prosecutors must prove that your business transactions were intended to defraud others. To schedule your consultation, contact our office today.