Financial Crimes

Financial crimes, also known as “white-collar crimes” involve financial gain perpetrated through some type of non-violent fraudulent activity.  These crimes may include not only the traditional white collar offenses of fraud and embezzlement, but also bribery, forgery, filing of false insurance or government claims, securities violations, telemarketing offenses, trademark or trade secret offenses, price-fixing, illegal employment practices, health violations, credit card or credit access, escrow and construction violations, and others. Sometimes these are charged in federal court and sometimes they are charged in state court.  Usually that determination depends upon the severity of the offense, the amount or value of money or property lost, and the whether interstate commerce was used to perpetrate the offenses.  Included in this list of white-collar crimes are crimes involving computers, as well as violations of environmental law.

These cases can range from very simple to extremely complex.  The range of behavior involved is great and how the case is handled depends upon a number of factors including, but not limited to, the complexity of the case, the age, and vulnerability of the victim(s), the amount of transactions involved, the amount of evidence involved to prove the event, the amount of money or property loss, the reason for the taking, the ability to pay restitution, and others issues.

Sometimes just to analyze what your chances are and what case goals you should have involves an incredible amount of time and investigation.  If the conduct alleged, however, involves a lengthy history with mind with many transactions over a long period of time, your lawyer is going to have to put in substantial time reviewing all of the documents and events to give you proper diagnosis of the likelihood of a conviction. You need to know this, as well as the costs involved, so you can make good decisions about your life.

Like many things in the system, the punishment for white-collar offenses has changed. You are more likely now to get far more severe sentences than in years past.  In the “old days” white-collar offenses were viewed much less severely than violent crimes and it was easier to get a lighter sentence.  Now your attorney needs to work very hard to prevent jail or prison.  And although it is still possible to maneuver under the tighter sentencing, it is far more difficult to avoid jail or prison.
 
The factors that will help lessen your sentence are similar to those in other crimes. If you are a first time offender, or if you acted out of desperation because of a major life stressor, you are more likely to receive mercy.  If you plotted to defraud someone over a long period of time, you are more likely to receive a substantial sentence.  If you have a treatable psychological disorder, such as gambling addiction, you will have a better chance at leniency.

Believe it or not, if you can pay back the money at or near sentencing you have a much greater chance of avoiding jail or prison.  Restitution to the victims is a major factor in these types of cases.  While the courts do not like to think that money will buy you out of your predicament, they feel comfortable if they can get the victim repaid and made whole.  Coming up with substantial payment can also lessen the victim’s opposition to you getting a lighter sentence.

If you are found guilty or end up plea-bargaining, your attorney will want to investigate your life and your life circumstance at the time of the commission of the crime. You may want to consider a psychological evaluation to demonstrate all those life stressors that made you act contrary to your normal behavior.

If you must go to trial, know that your trial could be a long and expensive affair. These cases usually involve lots of documents and lots of foundational witnesses to those documents, which can take up many days in court. You will probably also need financial or industry experts at trial, which are expensive and time consuming.