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Fair Need help with White Collar Crimes?
The White Collar Criminal Defense Department at Abrams Fensterman White Collar Criminal Defense Practice Group is retained by clients to provide a wide variety of services. The attorneys in our Practice Group have vigorously and successfully defended many individuals and business entities against federal, state and local governmental investigations and prosecutions, and conducted numerous internal investigations in a plethora of different areas.
1. What are White Collar Crimes?
White Collar Crimes are generally non-violent acts that involve some type of concealment, deception, misrepresentation or false statement, most often committed by professionals and other people in "white collar" industries, such as healthcare, banking, investment, accounting and insurance, as well as by public officials. Examples include Healthcare Fraud, Insurance Fraud, Bank Fraud, Tax Evasion, Securities Fraud, Ponzi Schemes, Credit Card Fraud, Embezzlement, Money Laundering, Mortgage Fraud, Computer/Internet Fraud and Bribery/Bribe Receiving.
2. Who prosecutes White Collar Crimes?
Both the federal and state governments vigorously investigate and prosecute White Collar Crimes. Because white collar crimes can often cross state and international borders, federal prosecutors are generally better suited to handle these cases. However, in New York, the State Attorney General and local District Attorneys, such as those based in Manhattan, Queens, Brooklyn and Westchester Counties, are also very active in prosecuting these cases.
3. What penalties do persons accused of committing White Collar face?
Penalties can be quite severe, particularly in federal court. Federal penalties are based on federal sentencing guidelines which, while no longer mandatory but only advisory, must still be consulted by the sentencing judge. In White Collar Crimes, these sentencing guidelines are driven by the amount of the loss. The higher the loss, the more severe the potential sentence. In addition to jail, defendants may also be ordered to pay restitution, to forfeit illegal gains and be fined. Similarly, severe penalties are often imposed in state prosecutions.
