White collar crimes include some of the most sophisticated criminal offenses. As a result, prosecution for them can involve complex factual and legal issues. If you’ve been charged with a white collar offense, you need experienced legal counsel with a proven track record of successfully handling such cases.
Turn to the legal team at Parker Trial Law for dedicated advice and advocacy in your white collar criminal case. Since 2016, our firm has vigorously defended the rights and interests of clients in jury trials in state and federal courts in Alabama, Georgia, and nationwide. Our lawyers, led by nationally recognized trial attorney James W. Parkman, III, have served as lead counsel in criminal cases in over 20 jurisdictions across the U.S., notching victories in some of the most high-stakes white collar crime cases.
When you face prosecution for white collar offenses, having highly knowledgeable legal representation in your corner can make a difference in the outcome of your case. Contact Parker Trial Law today for a free initial case evaluation with a dedicated Dothan, AL, white collar crime lawyer. You’ll discover how our law firm will fight for your rights, reputation, and future when you face prosecution for white collar charges.
Why You Should Hire a Dothan, AL, White Collar Crimes Defense Lawyer
White collar cases can involve complex evidence and factual disputes. By turning to Parker Trial Law, we can help level the playing field when facing the substantial resources of state or federal prosecutors.
A criminal defense attorney can help you pursue a favorable resolution to your case by:
- Independently investigating the charges to recover all available evidence and begin developing a compelling defense argument
- Evaluating your options for resolving your charges and explaining the potential outcomes and the criminal justice process to you to help you make informed decisions
- Aggressively challenging the prosecution’s case, including by seeking to exclude unlawfully obtained evidence or statements or moving to dismiss the case for insufficient evidence
- Thoroughly preparing your case for trial to advocate in your defense and seek the best possible resolution to your charges
What Is Considered a White Collar Crime?
“White collar crimes” differ from other crimes based on the involvement of fraudulent activity in committing an offense. Unlike crimes such as robbery, kidnapping, or assault that involve some element of force or threat of violence to commit the crime, a person can commit a white collar offense through deceit, concealment, or abusing a position of trust.
White collar crimes usually have a financial motivation, as the offenses frequently involve obtaining money through unlawful means or using money to obtain some unlawful advantage or benefit. Furthermore, unlike many crimes that only humans can commit, businesses or legal organizations can also commit white collar crimes.
What Are Common White Collar Crimes?
At Parker Trial Law, an Alabama white collar criminal attorney can help you resolve charges arising from allegations of the following:
Embezzlement
A person can embezzle money or other assets by taking property that the owner has entrusted to the person. Embezzlement requires the perpetrator to have the right to possess or control the property and then use that right to convert the property for themselves or a third party.
Perjury
A person commits perjury when they provide false or materially misleading testimony under oath or sign a legal document containing false information.
Fraud
Criminal fraud occurs when a person uses deception to obtain financial or personal gain, usually at the expense of the victim(s) of the fraud.
Money Laundering
Money laundering involves one or more financial transactions designed to conceal the identity, source, and destination of money obtained through unlawful means, enabling parties who obtain that money through illicit means to use it for lawful purposes.
Larceny
Larceny involves the unlawful taking of someone else’s property with the intent to deprive of the property.
Wire Fraud
Wire fraud refers to a criminal offense under federal law that involves using telecommunications systems, including phone lines, radio, cell towers, televisions, signals, or the internet, to defraud another party of money, property, or services.
Mail Fraud
Mail fraud refers to a federal crime involving using the U.S. Postal Service to further a fraudulent scheme.
Bankruptcy Fraud
A person commits bankruptcy fraud when they submit false or materially misleading filings in a U.S. bankruptcy action, usually to conceal assets to avoid forfeiting or liquidating them, make multiple filings in several jurisdictions, or facilitate another crime such as identity theft, mortgage fraud, or money laundering.
Forgery
A person commits the crime of forgery when they create a false legal document or alter a genuine legal document with the intent to use it to defraud another party.
Credit Card Fraud
Credit card fraud may occur when a party obtains consumer credit using false identity information or another person’s identity or another person’s credit card information to engage in financial transactions.
Counterfeiting
Counterfeiting refers to a form of forgery involving creating false U.S. coins and paper currency to pass the currency off as genuine.
RICO Claims – The Racketeering Influenced and Corrupt Organizations (RICO) Act allows the prosecution of an individual who has committed acts of “racketeering activity” in furtherance or support of another enterprise. Acts of racketeering include violent crimes like murder or kidnapping and other white collar crimes like bribery, embezzlement, or money laundering.
Extortion – A person engages in extortion when they obtain something from another person through force or undue coercion.
Bribery, Including of the Government or Law Enforcement
Bribery refers to providing another party with money or something of value in exchange for that party taking or refraining from an action. For example, a person may bribe a legislator to vote a particular way on a piece of legislation, bribe a police officer or prosecutor to drop charges, or bribe a witness to change their testimony in a civil or criminal court case.
Tax Evasion and Tax Fraud
Tax evasion refers to unlawful acts to avoid paying taxes, such as underreporting or hiding income. Tax fraud includes false information on a tax return to reduce tax liability or wrongfully obtain a tax benefit.
Environmental Crimes
Environmental crimes are illegal acts that harm the environment, such as pollution, illegal wildlife trade, deforestation, and hazardous waste dumping. These crimes violate environmental laws and regulations, threatening ecosystems.
Computer Fraud
Computer fraud includes criminal offenses where a person misuses computer systems, such as hacking into systems or engaging in confidence schemes like phishing, to carry out a fraudulent scheme, such as stealing money or obtaining private or confidential information.
Identity Theft
A person engages in identity theft when they use a false identity or another individual’s identity as their own, including to obtain money, property, or services or to avoid civil litigation or criminal prosecution.
Insurance Fraud
Insurance fraud involves knowingly providing false information to an insurance company to obtain wrongful benefits or payments from the insurer.
Healthcare Fraud
A person or organization engages in healthcare fraud when they submit false or fraudulent benefit claims to private health insurers or government healthcare programs like Medicare or Medicaid.
Deceptive Business Practices
Certain deceptive business practices may constitute white collar crimes, including intentionally misleading consumers regarding the nature or source of goods or services to induce them to pay when those goods or services have lesser value than represented or no value.
Welfare Fraud
A person commits welfare fraud when they provide false information to represent themselves as eligible for government financial benefit programs like Supplemental Security Income, unemployment compensation, SNAP, Medicaid, or Section 8 housing benefits.
Who Investigates White Collar Crimes?
Depending on the scope of a suspected white collar offense, the offense may be investigated through federal law enforcement agencies. Federal agencies like the U.S. Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Agency, the U.S. Securities and Exchange Commission, or the United States Secret Service focus on investigating white collar offenses that take place across state or national borders, involve the mail, telecommunications systems, or banking and financial systems, or involve federal government funds or programs.
White collar crimes that occur within a single state’s borders may fall within the purview of state law enforcement agencies. In Alabama, agencies like the Alabama Law Enforcement Agency and the Alabama Office of Attorney General usually oversee white collar crime investigations and bring charges under state law.
What Are the Penalties for White Collar Crimes?
Although white collar crimes may not involve violence or threats, a conviction for a white collar offense can lead to substantial penalties due to the potential for victims to suffer significant financial harm.
Many white collar crimes qualify as felony offenses, which means the potential for years or even decades in prison, depending on the offense and financial losses involved. Defendants convicted of white collar crimes may also have to pay substantial fines and restitution, obliging a defendant to repay a victim for their financial loss. Prosecutors may also seek disgorgement or forfeiture of money or assets that the defendant obtained from their crime.
What Are Common Defenses for White Collar Crimes
A white collar crime defense strategy may advance claims or arguments such as:
- Lack of Intent – A defendant may claim they did not have the criminal intent required by the statute to commit the charged offense.
- Lawful Activity – Defendants may claim they had lawful authority or permission to perform the alleged acts, such as taking ownership of or receiving money or assets as a gift.
- Entrapment – In an entrapment defense, a defendant claims that government agents induced them to commit a crime they otherwise had no intention of committing.
- Coercion or Duress – A coercion or duress defense claims that another party used threats or violence to force the defendant to commit the crime.
- Unlawfully Obtained Evidence or Statements – An Alabama white collar crime lawyer may also seek to exclude evidence or statements because investigators obtained them in violation of the defendant’s rights, such as during a search without probable cause.