Long Title: Federal White Collar Crime Defense Attorney in San Antonio Texas

Short Title: Federal White Collar Crimes

Meta-Description: People from all walks of life can be accused of different types of federal white collar crimes. Contact [redacted] today to find out how to get the best outcome for your case.

Federal White Collar Crimes

While the name Edwin Sutherland might not mean anything now, it will if someone is faced with an accusation of a white collar crime, also known as financial crimes. Edwin Sutherland created the term in 1939, and it became widely known when he released his book White Collar Crime in 1949. Since that time, the term has been adopted across jurisdictions to describe non-violent crimes perpetrated by someone in a professional environment. The Bureau of Justice Statistics defines a white collar crime as “any violation of law committed through non-violent means, involving lies, omissions, deceit, misrepresentation, or violation of a position of trust, by an individual or organization for personal or organizational benefit.” Sutherland focused his research on only upper-class society members, but today federal white collar criminal charges are brought against all classes of citizens. These charges can include, but are not limited to:

• Ponzi Schemes
• Money Laundering
• Fraud
• Embezzlement
• Tax Evasion
• Defrauding Medicare/Medicaid

Federal white collar crimes can happen all over the country. In Texas, state white collar crimes are prosecuted based on the financial implications of the offense. Federal white collar crimes are prosecuted far more severely than state white collar crimes. It is important to get defense representation as soon as an accusation of a white collar crime is made. This gives the attorney enough time to assemble a solid defense and increases the chance that reasonable doubt may be found.

Federal White Collar Crime Defense Attorney in Houston, TX

Federal white collar crime convictions can have a long-lasting effect on a person’s livelihood. From incarceration to incredibly high fines, a conviction can cause life-changing effects for the defendant. A criminal history can affect the ability to obtain future employment and limit earning potential. Obtaining legal representation as soon as possible is necessary to build a sound defense. If you or someone you know has been accused of a federal or state white collar crime, contact ABC Legal Services today for a consultation.

John Smith in San Antonio, TX has 21 years of experience defending clients accused of financial crimes. Their thorough in-depth consultation, research, and analysis allow them to pursue every legal avenue to help their clients. Call John Smith today at 555-555-5555 to schedule your consultation. John Smith accepts clients in and around Harris County, Texas including the cities of Houston, Katy, Sugar Land, Bellaire, Humble, Spring, and other nearby cities.

Federal White Collar Crime Information

• Types of federal white collar crimes
• Classification of and Penalties for White Collar Crimes
• Federal White Collar Crime Defense Strategies
• Additional Resources

Types of Federal White Collar Crimes

There are many types of federal white collar crimes. Below are a few of the more commonly prosecuted offenses and their descriptions:

• Ponzi Schemes – This type of crime involves an operator convincing other people to invest in their company or idea and promising huge returns. Early investors and original operator are given their returns using new investors money. Eventually, the scheme falls apart when new investors begin to slow. Because this almost always crosses state lines, Ponzi Schemes are considered a federal white collar crime
• Embezzlement – a person being entrusted with personal property or money but fraudulently taking it. This is most often associated with misappropriation of funds. This crime occurs regardless of whether or not the defendant keeps the fraudulently obtained property.  
• Money Laundering – is a financial plan to conceal the origin, destination, and identity of illegally obtained money. These objectives are often accomplished using false accounting practices and shell companies, which have no significant assets, nor do they perform any services, and are often located out of the state or country. The money is filtered through these companies before being returned to the original launderer.
• Tax Evasion – simply refers to using illegal means to avoid paying federal taxes. Obviously, the most famous case of tax evasion came in 1931, when mobster Al Capone was convicted of tax evasion. He was sentenced to 11 years in prison, a $50,000 fine, and was ordered to pay his back taxes of $215,000.
• Insider Trading – occurs when a person or corporation trades stocks or securities based off confidential or non-public information. This is considered a crime because it is the obligation of the defendant to protect the interests of other stakeholders. One very well-known instance of this is Martha Stewart’s case in 2003. She was accused and convicted of selling 4,000 shares of her stock in ImClone one day before the FDA rejected the company’s approval for a new cancer treatment medication, which saved her approximately $45,000. She served a five-month sentence in jail followed by five months of house arrest. She also lost a civil case to the SEC and was required to pay $195,000

There are many more types of federal financial crimes. White collar crimes typically involve fraudulently obtaining assets and money. All types of white collar crime involve a breach of trust or deceit. Even though these crimes are non-violent, they can have severe penalties, especially when they are committed on a federal level. It is important to obtain representation early and not speak to investigators until you have representation present.

Classification of and Penalties for White Collar Crimes

According to Texas Penal Code 32, there are several different classifications of state white collar crimes. As all white collar crimes have some type of financial basis, these classifications are based on the value of the property or service affected by the crime. Texas Penal Code 12 states the punishments for crimes based on the severity of their classifications. State white collar crimes are listed as a:

• A misdemeanor if the amount is up to $2,499; The degree of misdemeanor determines the punishment, but it is typically a fine between $500 to $4,000 and 0 to 1 year of jail.
• A felony if the amount is over $2,500; The degree of felony determines the punishment, but it is typically a fine of up to $10,000 and/or 180 days to 99 years in jail.

These punishments or charges can be upgraded if the accused defrauded an elderly person, has a prior criminal background, harmed many people with their actions, or stole a very large sum of money.

Title 18 of the U.S. Code covers federal crimes and criminal procedure. If a white collar crime is committed on the federal level, meaning crime typically has interstate implications, the punishments are far more severe. According to 18 U.S. Code § 286, even a simple case of trying to defraud the Medicare System can be punished with fines and up to 10 years of prison. 18 U.S. Code § 656 states a bank officer or employee convicted of embezzlement can receive fines up to $1,000,000 and/or a prison sentence of 1 to 30 years. Some federal white collar crimes can carry sentences that mean the offender will never get out of prison.

Federal White collar crimes are punished much harsher than a state white collar crime and are far more complex cases. It is important to get a skilled defense attorney as soon as possible. The federal court system has vastly different procedures from the state system and, as such, it is important to make sure your attorney is well-versed in federal court proceedings. [redacted] knows how to navigate the complex federal court system and will be able to guide you to the best outcome for your case.

White Collar Crimes Defense Strategies

Anytime someone is accused of a financial crime, they want to know that their defense attorney has a solid strategy to help them obtain the best possible outcome. With the possibility of high fines and years to indefinite time in jail, clients need to be defended by an experienced, knowledgeable federal white collar defense attorney.

First and foremost, in these types of crimes, the burden of proof falls on the prosecution. They must prove beyond a reasonable doubt that you are guilty of the crime for which you are being charged. There are several defenses which your attorney may employ:

• They might claim that you committed the crime only because of entrapment, which means you only committed the crime because a law enforcement agent persuaded or convinced you to commit the crime.
• They could use the defense that you only committed the crime due to coercion or under duress. This means you were forced or compelled to commit the act.
• They could also choose to use an intoxication defense. While this typically will not negate the charges, it can reduce the severity of the charges or punishment.
• Some individuals may be able to claim an insanity or incapacity defense, which means they were not mentally stable enough to be responsible for the crime or mentally or physically capable of committing the crime.

These are just a few examples of the strategies that your defense attorney may use to defend you in court. An experienced defense attorney like John Smith[hyperlink company here] can work with you to find the best defense for your particular case.

Additional Resources:

FBI: White Collar Crimes – The official website for the FBI gives information on white collar crime investigation. It describes the type of white collar crimes that qualify to be investigated on a federal level. There are also several helpful links and resources for types of fraud, asset forfeiture, and reporting and preventing fraud.

U.S. Government Information – Visit the official website for U.S. Government information. Here you can find the United States Code Title 18. It gives a list of all federal criminal offenses as well as other useful information.

Texas Constitution and Statutes – Visit the Official page of the Texas Constitution and Statutes to read the details of each type of white collar crime. White collar crimes fall under Title 7 of the Texas Penal Code while the Punishments are under Title 3 Chapter 12.

Cornell Law School: White Collar Crime – Visit the official website for the Cornell Law School Legal Information Institute, which has been providing open access to legal information since 1992. This site contains many links on types of white collar crimes as well as information and links relevant to new laws and previous judgements in financial crime cases.  

Defense Attorney for Business Professionals in Harris County, TX

John Smith has defended professionals for 21 years. Men and women accused of federal financial crimes spend countless sleepless nights worrying about losing their reputation, community standing, future earning potential, and even their freedom. With John Smith on your team, you can sleep worry-free. The team at ABC Legal Services will work hard to find the best possible defense for your particular case.

Call ABC Legal Services today at 555-555-5555 to set up your free consultation. John Smith serves clients in and around Harris County, Texas including the cities of Houston, Katy, Sugar Land, Bellaire, Humble, Spring, and other nearby cities.

Personal references:

https://www.ojp.gov/library/abstracts/crimes-middle-classes-white-collar-offenders-federal-courts – scholarly article discussing white collar offenders

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm – Title 7 Chapter 32 of the Texas Penal Code

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm – Title 3 Chapter 12 of the Texas Penal Code

https://www.bjs.gov/index.cfm?ty=tp&tid=33 – Bureau of Justice Statistics

https://www.law.cornell.edu/uscode/text/18  – US Code Title 18 information from Cornell