White Collar Federal Criminal Defense
Depending on what the feds claim occurred, there are several categories when discussing criminal defense and white-collar cases. The biggest one would probably be embezzlement at the federal level.
This is where an employee, connected to a business, corporation, or even a mom-and-pop store, embezzles, takes, or steals funds or goods, and benefits from it, thereby affecting what we call interstate commerce. It's pretty easy to do, and that's what triggers the number one factor for the feds to become involved.
Federal Criminal Prosecutions
The feds typically will not get involved in a situation where it's a small-time operation, and only a few funds are being lost. Still, you're talking about sophistication when discussing thousands of dollars being stolen.
That's typically when the federal government gets involved, using its funds to prosecute someone. However, it will really have to be a situation where a lot of money and sophistication are being utilized.
Otherwise, it doesn't mean it won't be prosecuted; it means it won't be prosecuted at the federal level. So, embezzlement is likely one of the most significant white-collar crimes that we defend, and I've been doing this for over 26 years at the federal level.
Bank Fraud
The next area, I would say, would be bank fraud. Sometimes, it's very close to the embezzlement structure, but bank fraud is when banks are involved. All these banks are federally insured, so if someone is using a bank or stealing from one, anytime a bank is involved, there is some criminal activity.
Then, often, the FBI—the federal government—gets involved in that investigation. They will hand it over to the federal prosecutors, who will decide whether to handle it themselves or refer it to the state government.
Bank fraud is undoubtedly one of the major categories within the white-collar area when it comes to criminal defense. I've defended people for years at the federal level for bank fraud-related crimes and helped them avoid jail time.
Credit Card Fraud
The next area I see in the white-collar crime subcategory is credit card fraud. These sophisticated individuals are employees, workers, or anybody involved in any credit card scheme.
They're taking money from their own business, or someone they know may be involved in a federal case, and would fall under the umbrella of credit card fraud. We're not talking about some small-time person doing some credit card transaction.
You're referring to someone who is sophisticated and handling large sums of money. You can be certain that the federal government will typically become involved in the investigation and prosecution.
Investment Schemes
Another category of white-collar criminal defense would be investment schemes. Often, individuals claim to have investments in real estate or other types of businesses, thereby taking capital from others. Those people believe that somehow capital will be invested, and they will receive dividends.
There are usually big promises made, but, of course, nothing is typically in writing, even if there is something in writing, good luck trying to enforce it against the person being charged with some sort of investment or Ponzi scheme.
You're going to see these types of cases where people think that by giving money, they're going to get these great investments. The defendants in these types of cases typically do not invest in anything.
They are not doing anything; they are basically just pocketing the money. Often, in cases of Ponzi or pyramid schemes, they will offer very small dividends to maintain the fraud while they extract the majority of the money from the people. They usually don't even have an account opened, so this is another form of federal white-collar crime.
If you're looking for a federal criminal defense attorney — somebody who's been around the block — with street smarts and experience in these types of defenses, you've come to the right place. Pick up the phone. Make the call. Let's sit down.
Let's discuss this under the attorney-client privilege, and I'll provide you with some valuable ideas on how to defend yourself and what I can do as your criminal defense attorney to assist you.
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