Federal White Collar Crime Defense Lawyer
When we talk about white collar crimes at the federal level, first you have to figure out what is a white collar crime. What does it mean and what types of crimes are considered fraud? Should you cooperate with federal agents who are investigating? Especially as it relates to a federal criminal case.
This whole white collar has to do with employees and obviously employees that are more sophisticated than entry level employees. So, somebody who sites in a business at a higher level than one of the line employees who commits a crime related to that business would be considered a white-collar employee who's committing a federal crime if the federal government gets involved.
White collar crimes are non violent crimes usually committed in a business or financial setting. White collar crimes can be charged on a state or federal level, and if charged on the federal level, then the FBI gets highly involved in the investigatory process.
As experienced federal criminal defense attorneys, we have defended a series of white collar crime cases and we are more than qualified to defend your case. Some examples of white collar crimes are
Amount Of Financial Loss
That's where it gets a little confusing because the question becomes, what triggers the feds to get involved versus the state government who would have jurisdiction over that case. And typically it has to do with sophistication. It has to do with the complexity of the crime. It has to do with the dollar amount that's taken. Those are what really seem to be the standards that the feds are looking at.
I've been doing this for twenty-five years and when I see these white collar cases filed it's usually a lot of money being taken by an employee who sits at a high level in a business and there's some sort of a mode by way of a computer or some other sophisticated means that the employee is using in order to effectuate the crime.
What Types Of Crimes Would Be Considered Federal Fraud Cases?
Federal fraud cases involve the use of illegal schemes in order to acquire goods or money, such as providing false identification or stealing someone's bank information. The Feds certainly won't prosecute every fraud case across the country, but will typically prosecute those that involve a level of sophistication and significant amounts of money. For example, large corporations that steal millions of dollars are more likely to be prosecuted at the federal level than at the state level.
High levels of complexity and sophistication, as well as high amounts of loss will make fraud issues federal matters. The Feds have the resources, manpower, and expertise to investigate fraud cases at the high-end level. Should you cooperate with federal agents who are investigating?
If someone is dealing with a federal fraud case and is unsure of how to proceed with it, they should contact an attorney who can help them get it all under control.
The federal sentencing guidelines are used across the country. The specific guidelines that will apply to a specific case of fraud will depend on a number of factors, including the type of fraud perpetrated, the amount of loss, and the perpetrator's criminal record.
The higher the loss, the higher the offense level will be, which will translate to more points and longer sentences. In order to determine which guidelines will apply to a particular charge, a defendant should speak with a seasoned federal criminal defense attorney who can obtain the relevant facts and circumstances and begin the process of determining their base offense level, the aggravating factors involved, and what could potentially be used to mitigate the charge.
Developing a Defense Strategy with Experienced Attorney
So, if you or a loved one is charged with a white collar crime, obviously you want to find an attorney who handles these type of cases, such as wire or mail fraud; knows what it takes to defend them; knows what it takes to mitigate them; and knows what it takes to negotiate them if that is going to be necessary in your particular case.
I really think when it comes to white collar crimes or any crimes at the federal level, the first thing you have to do when you sit down with your attorney is decide exactly how you are going to handle the case because that will dictate everything moving forward. A lot of times I have people saying, let's do this; let's do that. But, if that really doesn't fit with how we're going to handle the case, then why would we do that.
In other words, if we've decided the prosecutors — the Assistant United States Attorney have got a good case against a client, then we're certainly not going to take an offense posture against them if we're going to try to negotiate with them, because sometimes when you take an offensive posture, they will take an offense posture back, supersede the indictment, add charges and take a much harsher line when it comes to resolving the case.
If on the other hand, there's some good issues for the defense, even though you ultimately might end up resolving it with the government, taking an offense posture might be a good strategic move in a white collar case in order to show the feds the problem with their case to that you can get charges dropped, dismissed and negotiate something better. Or, if they don't' have a good case, you can set things u p to take the case to trial and beat the government in a white-collar case.
Pre-Filing in White Collar Offenses
The bottom line is that first initial meeting with your attorney and trying to figure out what you're going to do with the case moving forward is crucial. That's why I get the client in right from the beginning.
A lot of times we're even get the client in pre-filing in these white collar criminal matters and decide exactly how we're going to tackle everything so that we can end up with the best result and all of our actions are moving towards a single goal. That obviously is to get the best possible result in the criminal federal white-collar manner.
In order to do that we have to take the best strategy right from the beginning.
So, when you see these white collar cases you're typically talking about employees. You're talking about businesses and you're talking about more elite employees who sit in a higher position, make more money, have more decision-making power in the company and that's what makes it a white-collar offense, because when they're stealing from their employer, they're really able to take advantage of their employer because of the trust that's been given to them and that's why the feds come down so hard.
So, when you're talking about the federal sentencing guidelines as it relates to white collar crimes, there's gonna be enhancements that jack-up the sentence higher for those people who are taking larger amounts of money who sit in a position of authority, who are using a computer to effectuate their crime because you can do much more damage, who are operating with other individuals within the company or outside the company to effectuate the white collar crime. All these things have to be taken into account.
The penalties you may face for white-collar offenses include: fines, home detention, community confinement, paying the cost of prosecution, forfeitures, restitution, supervised release, and imprisonment. Penalties can be lessened with the right defenses. That is why you should call Hedding Law Firm.
Our white-collar crime defense attorneys have handled thousands of cases including white collar crimes and we have the experience and confidence to effectively help you.
Our defense attorneys have a combined 75 years of experience. We have handled thousands of cases, state and federal, and our client's best interest is our number one priority. We are committed to putting in the time and effort to achieve the best possible results.
If you are being charged with any type of white-collar crime, such as embezzlement, fraud, larceny, bribery, extortion, call the Hedding Law Firm and set up a free face to face consultation. Get on the phone now. Set the appointment with me and we will do everything we can to help you with this white collar offense.