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 of a Brooklyn white collar crime lawyer. Our law firm, Vitaliano Law, 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 often include acts of public corruption and fraud. The other main element is that financial gain is the main motivation for the crime.

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 crime. White collar crimes are often committed by middle- and upper-class individuals who are gainfully employed.

Crimes that are classified as white collar include:

• Fraud: Fraud refers to the intentional misrepresentation of financial statements and other documents. This criminal charge comes with serious penalties. Wire, internet, and check fraud are the more common types of fraud that are prosecuted in New York.
• Pyramid schemes: Ponzi schemes 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 activities.
• 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.

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.

White Collar Crime Penalties

White collar crimes range from misdemeanor offenses to felonies. A white collar crime conviction could result in fines, forfeiture of financial gains from fraudulent activities, loss of trading and other professional licenses, restriction from internet access, or loss of future positions.

Potential Defenses for Allegations of White Collar Crimes

Your white collar crimes attorney will 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, you may be able to 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 Fifth Amendment.

A white collar defendant may also argue that they were coerced into committing a criminal act, or they may argue that they 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 other cases, your legal defense may require a focus on reducing 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 will 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), plays a heavy role in investigating white collar crimes.

Q: What Is a White Collar Defense Attorney?

A: A white collar 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 attorneys who understand the laws and statutes surrounding white collar crime. White collar crimes are complex and require an experienced attorney who understands how white collar crimes are investigated and prosecuted.

Q: What Are the Three Most Common White Collar Crimes?

A: The three 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 fall under 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 form of crimes. Following the money trail requires knowledge about financial forensics and other skills. Prosecutors also face unique challenges when proving their case because they must prove 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.