What Are White-Collar Crimes?
In criminal law, some offenses are characterized as white-collar crimes. The term does not refer to a specific charge, but to certain types of offenses. White-collar crimes are investigated and prosecuted either at the state or federal level, usually depending on the complexity of the crime. If you face any type of white-collar criminal charge, representation by an experienced white-collar crime defense lawyer is essential. Conviction of a white-collar crime can mean the end of a career or employment and loss of reputation, in addition to the potential criminal penalties of jail or prison time, significant fines, probation, and restitution to victims.
White-Collar Crimes in Nevada
In the State of Nevada, white-collar crimes are prosecuted in both state and federal courts. Regardless of whether a charge is state or federal, a white-collar crime is generally a non-violent offense that includes some type of financially-motivated fraud, misrepresentation, or deceit by a person in a position of trust. Accused persons may include business owners, accountants, real estate agents, and other professionals.
Nevada state statutes establish a wide range of white-collar crimes. Many violations are felonies, with penalties based on the severity and financial damage of the crime. Enhanced penalties are imposed for crimes against vulnerable groups, like seniors and mentally incapacitated individuals. A conviction can carry severe penalties and other adverse, long-term consequences.
Federal white-collar crimes are established by broad federal statutes. These crimes typically carry substantially harsher penalties than similar state-level charges. The charges usually involve federal concerns or circumstances that cross state lines, whereas state white-collar crimes occur within the state’s borders.
The many different white-collar crimes under federal and state laws include:
- Embezzlement
- Theft
- Forgery
- Identity theft
- Bribery
- Bank fraud
- Wire fraud
- Mail fraud
- Securities fraud
- Mortgage fraud
- Healthcare fraud
- Insurance fraud
- Computer crimes
- Money laundering
- Tax evasion
- Criminal conspiracy
- Government fraud
- Public corruption
- Nevada state racketeering and federal RICO violations
This list is not all-inclusive. There are also other specific state and federal crimes that fall under the umbrella of white-collar crimes.
Defending Against White-Collar Criminal Charges
Legal representation is always crucial when you face any state or federal criminal charge. It is especially essential if you are charged with a white-collar crime, because of the complexity of the legal and factual issues in white-collar crimes. You should contact a criminal defense lawyer immediately if you even think you might be under investigation. If state or federal law enforcement officers arrest you or want to question you, exercise your Constitutional rights and get a lawyer before you talk with them.
A key part of white-collar defense involves scrutinizing the complex evidence and finding ways to challenge the prosecutor’s case. The goal is to weaken the case by undermining the credibility of the evidence and witnesses. This aspect requires intense investigation and analysis.
White-collar crimes often require the prosecution to prove the defendant’s intention to commit the crime, particularly if fraud or deceit is involved. To challenge the charges, the defense attorney can provide evidence of the lack of intent to demonstrate that the defendant acted in good faith or made an honest mistake, which undermines the prosecutor’s ability to prove the required intent for the charge.
Finally, the circumstances of a white-collar investigation and criminal charge usually involve law enforcement searches of premises and seizures of records. The law imposes specific requirements for the legality of these searches and seizures. A defense lawyer looks for evidence to prove Constitutional violations of the defendant’s rights in searches and seizures, which can lead to the suppression of evidence and dismissal of the charges.
By their nature, white-collar crimes involve complicated factual situations and equally complex legal issues. Defending against the charges requires a criminal defense lawyer with substantial experience and an extensive investigative background, as well as special knowledge and understanding of the applicable statutory and case law and the underlying financial and business circumstances relating to the crime. Las Vegas white-collar crimes defense lawyer Joseph Gersten has the right experience, knowledge, and skills to defend against federal and state white-collar criminal charges.
Free Consultation with a Las Vegas White-Collar Crimes Defense Attorney
If you face a state or federal white-collar charge in Clark County, call 702.857.8777 or complete our online form to schedule a free initial consultation.
