How Should I Handle Being Under Investigation for A White Collar Crime?

Suspected Of A White Collar Crime?

Do you suspect that you are already being investigated for possible commission of a white collar crime? If this applies to your case, you need to be prepared with how to respond and the importance of getting experienced criminal defense representation immediately. Most people underestimate the potential impact of this investigation and panic, being willing to cooperate with investigators as soon as possible.

This is why one of the first steps you should take is to hire an attorney who has a substantial white collar or federal experience. Work with your attorney to determine what is going on. You need to get a better sense of the subject area under investigation and what happened.

Has The Government Reached Out?

If the government has already reached out to you about this investigation, be aware that already have your name and that you have some status within this investigation. Your criminal investigator could then reach out to the prosecutor or the agent assigned to the case to learn more about the government’s investigation and the government should also be informed at that point in time that you are represented by an attorney. Therefore, the agent should only reach out to your lawyer and not you.

Have You Been Subpoenaed?

It will be slightly more difficult if the government has not already reached out to you. If you heard from a former business partner, for example, that they were served with a subpoena, you might want to speak with your criminal defense attorney about whether or not reaching out to the prosecution or agent makes sense. You need to gather as much information as possible with the help of your attorney. Your lawyer should begin their own investigation as soon as possible to discover more about what the government might have and what this could mean against you.

Call For Help Today

Always let your lawyer do your talking for you. Never call up anyone involved in the investigation and begin talking to them providing any details or responses to questions that they ask. This could become especially problematic for you if you make comments that did not need to be made and put yourself in a more difficult situation. You need to have someone at your side to advise you about what to expect.    

 


What Makes a Criminal Charge a White Collar Crime?

Although the laws in the United States do not specifically recognize the category of crimes known as white collar crimes, this category does indeed exist and is helpful in determining the support of an experienced criminal defense attorney should you need representation in court.

Some of the most common features of white collar crimes include the lack of physical violence in committing a crime and use of deception or abuse of a position of trust. Practical considerations figure into the classification of a crime as white collar. As an example, the prosecution investigation in defense of white collar criminal cases are quite different from traditional street crime criminal charges.

It is also more likely for a defendant who has been accused of a white collar crime to get pre-trial release than when compared with a defendant who has been charged with a violent crime. This is largely due to the basic differences in the nature of the crime and the background of the defendants.

A defendant in a white collar crime case, for example, might not have a previous criminal record. White collar crimes tend to be prosecuted by some of the more senior and advanced attorneys in a prosecutor’s office because of the challenging and complex legal issues involved.

This makes it all the more important to retain the services of an experienced and knowledgeable criminal defense attorney who understands what is required in putting together a comprehensive case on your behalf. Schedule a consultation with an attorney who knows the lay of the land when it comes to white collar crimes and can advise you about how to avoid some of the most common missteps and omissions in your case.

 


What Are My Defense Options When Accused of Securities Fraud?

Being accused of a violation of the Securities Exchange Act of 1934 is a serious situation. This is the first piece of federal legislation that was designed to regulate the transaction of securities and primarily focuses on a registration of statements associated with securities within publicly traded companies.

It can be very overwhelming to be accused of securities fraud, particularly since your reputation and your career may be on the line.

Various different types of securities and exchange fraud exist including insider trading, pump and dump, turning and outsider training.

Defense against securities fraud requires a comprehensive understanding of this aspect of the law. You need an experienced criminal defense attorney who understands how government investigations operate. You further need the support of a criminal defense attorney who is knowledgeable about crafting strong defenses regarding securities fraud charges. The prosecution typically must be able to show that the accused person recklessly or intentionally misinterpreted or omitted information and that as a result of this information, the investor relied upon it reasonably and this led to a financial loss.

However, one possible criminal defense strategy could be to show that the loss was not as a result of the information relied upon by the investor or if the defendant can show that he or she did not negligently or intentionally act. Having a knowledgeable attorney retained on your side sooner rather than later greatly increases your chances of being able to move on from a securities fraud allegation. You need to have evidence in your corner and the support of an attorney who is not scared to refute these charges and to do everything possible to protect your best interests when your future is on the line.

 


What Does It Mean to Say That You Are a Target for White Collar Crime Allegations?

You could be under suspicion in relation to white collar crime, but this does not always mean that you’ll end up with criminal charges pressed against you. Knowing the difference between the different kinds of claims can make a big difference in how you proceed with your case.

Being accused of a white collar crime is a situation requiring immediate insight from an experienced white collar crime defense attorney. Many people are confused about the terminology related to white collar crime and one such term is a target. In many cases, white collar crime investigations are initiated by an assisting United States attorney.

The prosecution team can also be assisted by a grand jury and these citizens have the power to subpoena people to appear before them, to turn over documents or to answer questions. Furthermore, the grand jury can issue indictments. Once an individual has been named as a target in a white collar crime investigation, the prosecutor has likely already made a decision that the individual is guilty and the prosecutor has then turned his or her attention to collecting strong enough evidence to indict this person on white collar crime charges. A witness is not yet under any suspicion but could have information of interest to the grand jury.

A subject is classified as somewhere in between a witness and a target. That person might have engaged in questionable or unethical conduct, but the prosecutor might not be certain that a provable crime has been committed. For that purpose, the prosecutor might carry out an additional investigation. If you believe that you have been named as a target in a white collar crime investigation, talk to a Florida criminal defense attorney immediately about the best way to prepare a thorough strategy to manage both the investigation and any related criminal charges.


What You Need to Know About Mounting a Bank Fraud Defense

Have you already been accused of bank fraud? If so, you need a lawyer who can help you prepare right away. The prosecution will likely have a lot of lead time in a case like this, but you cannot ignore the opportunities to protect yourself.

Hiring an experienced Fort Lauderdale bank fraud defense attorney should be the first thing you do after you suspect that you are under investigation for bank fraud or after you have been formally charged. Anyone accused of bank fraud crimes in Florida is protected by the U.S. Constitution and is considered innocent until proven guilty. Bank fraud is defined as attempting to execute or executing any scheme that obtains credits, monies or other property under the control of a financial institution through fraudulent or false pretenses or any scheme that attempts to defraud a financial institution.

With maximum fines of $1 million and decades in prison at stake, it is important to know the value of mooning a proper bank fraud defense. Prosecutors and law enforcement cannot engage in the legal searches or seizures affecting those associated with bank fraud charges and anyone who has been accused has the right not to incriminate themselves and to retain an attorney as soon as possible. Many criminal defendants, especially those who are currently under investigation for bank fraud, don’t have a comprehensive understanding of their constitutional rights and do not know how to navigate the justice system effectively.

Claims associated with bank fraud can be high stakes and complex as prosecutors may do everything possible to seize assets prior to the establishment of a trial. This means that a defendant may be struggling to protect any of their property while mounting a case to defend against these critical criminal charges. The right attorney is a vital asset when preparing a defense involving bank fraud. With so much on the line for your future, you cannot afford to leave this to chance. You need a Fort Lauderdale attorney who is highly experienced with managing bank fraud allegations to begin preparing your defense immediately.

 

 

 


Potential Defenses Against Money Laundering — A White Collar Crime

 

What You Need To Know About White Collar Crime

Money laundering, the mainstay of White Collar Crime, is a serious charge. If convicted, you can spend years in jail, depending on how much money was involved. Also, you will have a permanent criminal record, be ordered to pay high fines, and more. In order to defend yourself against these charges, it’s critical that you work with a seasoned criminal defense attorney. Here are some examples of successful defenses against money laundering charges and how to protect your rights under the law.

Not Enough Evidence

A common defense is that there’s not enough evidence to convict you beyond the shadow of a doubt. To prove money laundering, the illegal funds are traced to their original source. Additionally, you must prove that the original source was an illegal activity. This is often difficult for prosecutors to do.

Coercion

If you or your family were threatened with death or bodily by another person participating in the crime, you can argue that you committed the crime under duress. Depending on the circumstances of your case, there is a small possibility that the charges are dropped completely when arguing duress. But, more often than not, a successful duress argument results in reduced charges.

You Did Not Intend to Launder Money

As with any crime, it is necessary for prosecutors to prove that you intended to commit the crime. In fact, in the absence of intent, it’s difficult for the charges to stick. In some cases, a person who launders money is not aware that the source of the money was illegal activity. If you are unaware of what was happening or you had no intent to launder money, you could have the charges dismissed.

All of these defenses — and more — require a seasoned criminal defense lawyer. The attorney will help you gather the evidence to strengthen your case and combat the evidence presented against you by the prosecution. At Fort Lauderdale Criminal Defense, we believe that the Constitution affords everyone the right to a strong defense, no matter the crime. We commit to presenting your case in the best possible light to increase your chances of a dismissal or reduced charges.

Call today for a consultation to discuss the specifics of your case during a consultation at 954-400-5000.