Are you facing white collar criminal charges in Albany, Georgia? Then get the legal help you need to navigate the criminal justice system effectively. Contact Parker Trial Law today for a free initial case evaluation with a knowledgeable Albany, GA, white collar crime lawyer. Our firm is ready to protect your rights, reputation, and future from the consequences of an arrest or conviction for white collar offenses.
Why You Should Hire an Albany, GA, White Collar Crimes Defense Lawyer
Since 2016, Parker Trial Law has provided dedicated, zealous legal representation to people facing serious white collar criminal charges. Let us protect your rights and freedoms by:
- Thoroughly and independently investigating your charges to obtain evidence to support your offense
- Explaining your charges and the potential outcomes of your case to help you make informed decisions at each step of the case
- Exploring options for pursuing a favorable resolution to your charges
- Aggressively challenging the prosecution’s case, including seeking to exclude evidence that investigators obtained by violating your rights
- Vigorously fighting for the best possible outcome to your case, even if that means going to trial to contest the government’s case and advocate your innocence
Led by nationally recognized trial lawyer James W. Parkman, III, our white collar crime defense attorneys have an extensive record in high-profile white collar cases in numerous jurisdictions across the U.S. Let us put this experience, skill, and knowledge to work in your defense.
What Is Considered a White Collar Crime?
The term “white collar crimes” refers to criminal offenses that involve deceit, fraud, or a breach of trust to commit the offense. White collar crimes typically have a financial motivation, as the perpetrator seeks to obtain money, property, or some other benefit from the victim(s) of the crime. Although white collar crimes usually do not involve violence, the law treats these crimes as severe offenses because they can lead to significant financial losses for victims. As a result, white collar crimes tend to carry harsh penalties.
What Are Common White Collar Crimes?
At Parker Trial Law, an Albany, GA, white collar crime attorney can help you face charges such as:
- Embezzlement – Embezzlement occurs when a person takes property or money that the owner has entrusted to the person. For example, a person can commit embezzlement when they have access to another party’s bank account and use that access to take money out of the account for themselves or a third party.
- Perjury – A person commits perjury when they knowingly make a false statement while under oath or when they sign a legal document knowing it to include false statements or information. Omitting information that makes a statement false can also constitute perjury. A false statement can support a charge of perjury when it contains a material fact that substantially affects the outcome of a proceeding.
- Fraud – An individual may commit criminal fraud when they deceive or misrepresent the truth to gain some benefit, usually at the expense of another party. Fraud may occur when someone conceals material information, makes false or misleading statements, or uses deceit.
- Money Laundering – The crime of money laundering involves using a series of financial transactions to conceal the identity, source, or destination of illicitly obtained money, such as profits from drug distribution or racketeering activities. Money laundering “cleans” illicit money, enabling a party to use those funds for legitimate purposes, as counterparties will not know the illicit source of those funds.
- Larceny – A person commits larceny (also called theft) by illegally taking another party’s property to deprive the owner of possession or benefit of the property.
- Wire Fraud – Federal law prohibits individuals from engaging in criminal fraud using a telecommunications service, such as phone services, the internet, radio, or television.
- Mail Fraud – Federal criminal statutes outlaw engaging in criminal activity that uses the Postal Service to accomplish some aspect of the crime.
- Bankruptcy Fraud – A person may commit bankruptcy fraud when they knowingly make false statements in bankruptcy filings to gain an advantage in a bankruptcy proceeding or obtain bankruptcy protection.
- Forgery – A person commits the crime of forgery when they create or alter a document or legal instrument intending to defraud another party.
- Credit Card Fraud – A person engages in credit card fraud when they use false identifying information or another person’s identifying information to obtain a credit card or when they use another person’s credit card to make purchases.
- Counterfeiting – The crime of counterfeiting involves creating fake copies or altering genuine copies of U.S. currencies or securities.
- RICO Claims – The Racketeer Influenced and Corrupt Organizations Act (RICO) outlaws acts performed as part of a criminal enterprise. Common examples of predicate acts of racketeering activity include violations of state criminal laws against homicide, kidnapping, extortion, arson, robbery, bribery, or drug dealing, embezzlement of union funds, bankruptcy/securities fraud, money laundering, or terrorism.
- Extortion – A person commits extortion when they force someone to take an action or obtain something from another individual through force or coercion.
- Bribery, Including the Government or Law Enforcement – A person commits bribery when they solicit, accept, or transfer something of value in exchange for official action or to influence a public official to take or refrain from some action.
- Tax Evasion and Tax Fraud – A person commits tax evasion or tax fraud when they intentionally fail to pay legally due taxes by misrepresenting or concealing their true financial status.
- Environmental Crimes – Common examples of environmental crimes that may constitute white collar offenses include trafficking of natural resources, illegal fishing, or illegally dumping waste or pollutants.
- Computer Fraud – Computer/internet fraud involves using a computer or the internet to engage in criminal activity, such as hacking other parties’ computer systems, distributing malicious code, or obtaining computer/internet account access details.
- Identity Theft – Identity theft occurs when an individual uses another person’s personal or financial information without permission, usually to obtain money, goods, or services or to avoid criminal or civil liability.
- Insurance Fraud – A person commits insurance fraud when they file a false claim for benefits with an insurance provider, such as a homeowners’ or auto insurer.
- Healthcare Fraud – The crime of healthcare fraud involves submitting false or fraudulent claims for reimbursement to private health insurers or government health benefit programs like Medicare or Medicaid.
- Deceptive Business Practices – Criminal deceptive business practices can include fraudulent or misleading ads about the nature or quality of goods or services or overcharging customers for products and services.
- Welfare Fraud – A person may commit welfare fraud when they make false statements or submit fraudulent information to secure eligibility for welfare benefits, such as misrepresenting one’s income or assets to qualify for benefits like Supplemental Security Income or SNAP.
Who Investigates White Collar Crimes?
The federal government has jurisdiction over many white collar criminal cases. That’s because these crimes necessarily involve interstate/foreign commerce, the financial system, the U.S. Postal Service, or telecommunications services. As a result, federal law enforcement agencies like the Federal Bureau of Investigation (FBI), the Secret Service, and the Securities and Exchange Commission’s (SEC) criminal division investigate white collar offenses. However, state law enforcement agencies, such as the Georgia Bureau of Investigation or the Georgia Department of Revenue, also investigate white collar crimes under state criminal law. These include embezzlement, perjury, evasion of state taxes, or bribery of state or local officials.
What Are the Penalties for White Collar Crimes?
Courts frequently impose prison time for white collar convictions, with the length of prison terms dependent on the severity of the crime. In some cases, courts can instead impose a probation term, which requires a defendant to follow various restrictions or requirements or face a prison term.
White collar convictions also frequently carry substantial fines as part of a defendant’s penalties. Courts may also order defendants convicted of white collar offenses to pay restitution to their victims to reimburse them for financial losses caused by the defendant’s crime.
Moreover, a white collar conviction can have consequences long after a defendant has served their sentence. Some white collar offenses may disqualify an individual from specific jobs or government benefits. Furthermore, having a criminal record can make it challenging for an individual to apply for employment, housing, or educational opportunities successfully.
What Are Common Defenses for White Collar Crimes
Those facing charges of white collar crimes may pursue various defense strategies to fight for a dismissal or acquittal in their case. Common defenses used in white collar cases in Albany include:
- Lack of Intent – A defendant may argue that they did not have the required criminal intent to commit the charged offense.
- Duress – In a duress defense, a defendant claims that someone threatened or pressured them into committing the crime.
- Entrapment – A defendant asserting an entrapment defense claims that government agents coerced them into committing a crime they otherwise would not have committed.
- Mistake of Fact – A defendant may fight a white collar charge by arguing that they made an honest mistake, such as reasonably believing they could lawfully take the actions underlying their charges.
- Unlawful Search/Seizure – Defendants may seek to exclude evidence from the prosecution’s case by arguing that investigators obtained it through unlawful searches or interrogations, including conducting searches without probable cause.