Career Advice - A Community Blog

Erik Larson writes about the job market, resume improvement, and career advice

Defending Against Allegations of White Collar Crime

Written by Erik Larson, Community Blogger | Feb 2, 2018 2:49 AM

White collar crime refers to nonviolent crimes that were committed specifically for financial gain. Some of the best-known examples of white collar crimes include money laundering, embezzlement, securities fraud, and corporate fraud. These types of crimes are usually committed by fund managers, business managers, and executives. Those convicted can face serious prison time along with hefty fines.

These crimes are usually investigated by the Federal Bureau of Investigation, the National Association of Securities Dealers, the Internal Revenue Services, and the Securities and Exchange Commission. However, each state has special agencies that are established with the sole task of investigating white collar criminals. These investigations are known for being incredibly complex and can last a very long time. While an investigation is ongoing, several different agencies can get involved and may each analyze data related to the crime.

Keep in mind that you can easily get accused of white collar crimes just because you made a few innocent mistakes while you were filing some important, but also confusing and complicated documents. Innocent people get accused of these types of crimes all the time, so you shouldn't worry too much if it happens to you. Keep in mind that the government needs to prove that your intent was to steal money.

You shouldn't panic if you and your business are currently being investigated for white collar crime. Remember to be as honest as possible when you're dealing with the agencies that are on your case. Of course, you should immediately contact an experienced lawyer to help with your case. An attorney will provide you with all the necessary advice you need to beat the case. After all, allegations of white collar crime are pretty serious and can completely tarnish your reputation. Because of this, it's best to have quality legal aid.

In fact, you shouldn't waste any time on hiring a professional. Even if the investigation has just begun, you'll need to secure defense help. "Attorneys are available anytime day or night" advises lawyer Max Keller. Although you should definitely cooperate with the investigators, it's important to remember never to incriminate yourself. This is exactly why you'll need someone with experience to be beside you. If the investigation eventually turns into a lawsuit, then you will need to check whether there are any defenses available that you can use.

When it comes to white collar crimes, the most common defense is a lack of intent to commit the crime. Keep in mind that the government will sometimes use agents to go undercover and persuade a person to commit fraud. In that case, you can use entrapment as your defense.

Other notable defenses include insanity, duress, and intoxication. However, you should be extremely careful when you're claiming a certain defense. For example, using insanity as a defense may help you get out of your current charges, but it can also ruin your life. Because of this, you should carefully consult with your lawyer regarding what defense to use in order to beat the case without having to suffer any additional consequences.

Nevertheless, you should know that the cost of mounting a white-collar defense can be extremely high. Because of the high lawyer fees, some people plead guilty just because they can't afford to hire a defense. Keep in mind that you will also have to pay the fees for industry professionals, private investigators, jury consultants, mock trials, and forensic accountants. If you can't afford a lawyer, the government will provide one for you. But just because they assigned someone to your case doesn't mean that there are necessarily unlimited resources for the defense. Some defendants often choose to plead guilty in order to get their sentence reduced just to avoid spending additional time in court and paying their lawyers more.

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