Being convicted or even accused of a white-collar crime can substantially affect one’s personal and professional life. Convictions can lead to significant fines and the potential for time in prison.
Do not take the charges lightly. Connect with our Atlanta white collar criminal defense lawyers with Griffin Durham Tanner & Clarkson LLC. They will ensure that you have the support you need to achieve the best possible outcome in your case.
What is white-collar crime?
White collar crime covers a variety of nonviolent crimes for personal gain that are generally committed in a commercial environment.
According to data compiled by the FBI and DOJ, white-collar crime costs the United States some $300 billion each year. While white-collar crimes are generally committed against individuals, the government can also sanction corporations for such offenses.
If convicted of a white-collar crime, you could be subject to penalties including:
- Imprisonment
- Community confinement
- Home detention
- Fines
- Forfeitures
- Restitution
- Supervised release
Individuals may be accused of a wide variety of white-collar crimes. Below is a brief explanation of the more common crimes.
- Antitrust Crimes- The Sherman Act supports freedom of competition in our markets and was first created to oppose monopoly. A monopoly is when one company owns an entire market and can charge whatever it prefers.
- Bank fraud- encompasses a wide variety of white-collar crimes. It begins with passing fake checks and extends into wire fraud and other means of electronic theft involving banks.
- Bankruptcy Fraud- Bankruptcy fraud occurs when a party takes advantage of the bankruptcy process for illicit means. Bankruptcy is generally filed to assist a company in reorganizing so it may continue operating or help a company to close down.
- Cybercrime- Typical forms include phishing scams that invade your computer for personal and financial information, computer trespass or hacking, and cyberstalking.
- Defense Procurement Fraud- occurs when a company misrepresentations or outright deceives its customers to secure a government contract.
- Embezzlement- is when a professional uses their position in a company to steal money from the organization’s funds. Embezzlement is one of the more common white-collar crimes you might hear of and often involves professionals with access to company money taking it for themselves.
- Identity Theft occurs when an individual’s identity is used for illicit purposes, often to open credit cards and other accounts in a person’s name. The potential financial losses associated with taking an individual’s social security number or even a portion thereof can be significant.
- Insider Trading- Insider trading is when individuals working in companies with publicly traded stocks and securities use information not publicly available to take advantage of stock exchanges and other commodity trades.
- Misbranding- Misbranding is when a product is misrepresented as being another brand or is produced by another manufacturer without permission.
- Money Laundering- When a legitimate business is used as a front for illegal operations, through which illicit income is processed so that it can enter the economy undetected, it’s money laundering.
- Public Corruption- Public corruption involves a publicly elected official or an employee of a government organization using their position for financial gain, often at the expense of the voting public.
- RICO (Racketeer Influenced and Corrupt Organization Act) Violations- RICO violations occur when criminal activities are deemed to result from a criminal conspiracy to complete a particular goal.
- Securities Fraud- Securities fraud includes late-day trading to manipulate market rates and pyramid schemes that put investors at risk.
- Small Business Administration (SBA) Fraud- SBA fraud is when a company uses incorrect information from the Small Business Administration to acquire loans and other benefits. These funds are reserved for organizations that qualify for them, and the government pursues SBA fraud aggressively to minimize this behavior.
- Tax Fraud- Tax fraud is the misrepresentation of income and other assets to reduce the amount of money owed. It can happen individually and on a massive scale within the context of business entities.
- Mail Fraud/Wire Fraud- Mail and wire fraud involves using the physical or electronic mail system to defraud someone.
How Our White Collar Criminal Defense Lawyers Defend the Accused
If you have been convicted of a white-collar crime in Atlanta, connect with a lawyer as soon as possible so we can begin helping you assemble your defense.
Lack of Intent
The prosecution must prove that you intentionally committed the crime you are charged with. Your lawyer may argue that you did not mean to or know you were committing a crime, which can result in an acquittal.
Insufficient Evidence
The government must prove each element beyond a reasonable doubt to be convicted of a crime. The government cannot rightfully obtain a conviction if there is doubt about even one facet of a crime.
Illegal Search or Seizure
The Fourth Amendment guarantees Americans the right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” In most instances, the government must have a warrant to conduct a legal search, and your lawyer can challenge any evidence from an illegal search.
For the government to achieve a lawful seizure, the law enforcement agent must demonstrate their authority as a law enforcement officer by carrying handcuffs or a weapon and may use physical force.
Second, you must submit to the demonstration of authority and not simply walk away.
Entrapment
When police engage in undercover and sting operations, their activities are often in the gray area between legal and illegal. Should the investigation step into the illicit regions, the evidence collected cannot legally be used as the basis for a case against you.
Statute of Limitations
When charges are not brought within the time limit, they can no longer be brought against you.
Through 18 U.S. Code Se. 3282, the general federal statute of limitations for felonies is five years. This means that if a charge is not brought within five years of the supposed offense, the government can no longer bring the charges against you.
Government Cooperation
The decision to cooperate with the government should not be made without the assistance of an attorney.
It often includes a plea agreement and requires that a defendant/cooperating party agree to plead guilty to a felony charge and provide some form of “substantial assistance” to the government in exchange for a reduced sentence.
Cooperating with the government involves making statements that could, in turn, incriminate you. Additionally, if complete and accurate statements are not made, the government could pursue charges against you for dishonesty during a government investigation.
How Griffin Durham Tanner & Clarkson LLC Can Help You
We will immediately begin collecting evidence to determine precisely where the government’s case stands. This information will then be used to effectively challenge the charges every step of the way to achieve the best possible outcome.
Prevent charges from being filed.
If we are brought onto your case during the preliminary stages of an investigation, we could counter and challenge the government’s evidence before the case is ever filed, saving you the time and expense of a trial.
Have all charges been dismissed?
The strength of the government’s case depends upon the evidence. We will scrutinize the evidence and case for any opportunities to challenge it.
If charges have been filed, an experienced white collar criminal defense lawyers may pursue a dismissal before trial to expedite the process.
Negotiate a plea agreement.
In some situations, a plea agreement is advantageous because it minimizes the potential penalties for going to trial. Whether or not this is a wise strategy depends entirely on your case’s unique facts and circumstances.
Go to trial.
If effectively challenging the government’s case is impossible or a plea agreement is inappropriate, we will fight for you in court.
What Are The Consequences Of White-Collar Crime?
Being convicted of a white-collar crime can forever change how you live. The financial repercussions alone can permanently impact someone’s life. When their reputation is damaged, it can also affect their professional prospects well into the future.
Legal Consequences
- Imprisonment for up to 30 years
- Heavy fines
- Court costs and legal fees
- Restitution and forfeiture
Social and Professional Consequences
- Issues with present and future employment
- Losing professional licensing
- Forfeiting immigration status
- Losing child custody and visitation
- Having a poor reputation.
Contact Our Atlanta White Collar Criminal Defense Lawyers Now
If you’ve been accused of a white-collar crime or know an investigation is pending, contact our white collar criminal defense lawyers in Atlanta from Griffin Durham Tanner & Clarkson LLC as soon as possible.
Our experienced attorneys are standing by to step into your shoes and take over every aspect of your case against the government. We will become the exclusive source of communication with investigators and the prosecution and ensure that your rights are protected.
To schedule a consultation, contact Griffin Durham Tanner & Clarkson LLC at (404) 891-9150 or visit us online.with