Differences Between Federal and State White-Collar Crimes in Nevada
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White-collar crimes involve non-violent, financially based conduct subject to prosecution under Nevada state and federal laws. Federal offenses tend to be more complex, but both types of charges carry significant potential penalties and other serious consequences, including loss of employment and reputation. For a person facing a white-collar charge, legal representation by an attorney licensed in both federal and state court who is familiar with the differences between the federal and state offenses and procedures is extremely important.
What Is a White-Collar Crime?
White-collar crime is not a specific charge under either state or federal law. Rather, the term refers to a collection of statutory criminal charges that are investigated by state and federal law enforcement authorities and prosecuted by attorneys at both levels. Generally, white-collar crimes involve financially-motivated fraud, misrepresentation, or deceit. They do not involve physical violence and are often committed by a person in a position of trust.
Nevada state laws establish many white-collar crimes, including:
A state charge under these laws may be either a misdemeanor or a felony, often depending on the value of the misappropriated property.
Federal statutes address conduct that occurs across state lines or international boundaries and include:
- Welfare fraud
- Healthcare fraud
- Mortgage fraud
- Tax evasion (either nonpayment and underpayment)
- Money laundering, often tied to other criminal conduct
- Mail and wire fraud utilizing interstate or international mail or electronic communications
- Securities fraud in stock or investment markets
- Bribery and public corruption
- RICO (Racketeer Influenced and Corrupt Organizations Act) violations
Federal white-collar crimes are usually more complex than state-level charges. They are investigated and prosecuted by federal (not state) law enforcement and authorities.
Penalties for White-Collar Crimes
In most cases, the penalties for state white-collar crimes depend on the financial harm caused and the details of the conduct. Misdemeanor offenses involve smaller amounts of money and carry penalties that include fines and up to six months in jail. Felony offenses involve greater amounts of money and more substantial fraudulent or deceptive conduct. Penalties include time in state prison, more significant fines, and restitution to the victims. In addition, Nevada imposes enhanced penalties for white-collar crimes committed against vulnerable individuals, including mentally incapacitated persons and elders.
Federal white-collar crimes are governed by the United States Sentencing Guidelines, which establish rules for determining penalties based on the financial loss, number of victims, and the conduct (role in the crime). Penalties may include incarceration in a federal prison (as well as probation and supervised release), substantial fines, and restitution to the victim. The federal government also has asset forfeiture authority to seize assets involved in white-collar criminal activity, to ensure that the offenders do not benefit from their illegal conduct. In large-scale and complex schemes, the penalties involve severe legal, financial, and personal consequences.
Differences Between State and Federal Cases
There are many differences between state and federal white-collar crimes. Federal crimes are typically more complex and significant in nature and carry much more substantial penalties. They often involve multiple states and even other countries, whereas state cases occur within the borders of a single state.
State cases are investigated by local and state police and law enforcement authorities, including state-level investigative agencies like the Nevada Department of Public Safety - Investigative Division and the Nevada Attorney General’s Office. County district attorneys and the Office of the Attorney General prosecute state charges. Investigation of federal cases is handled by United States agencies like the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and Securities and Exchange Commission (SEC). The United States is represented by lawyers in the United States Department of Justice Criminal Division and individual United States Attorney’s Offices.
State courts and federal courts have separate systems, jurisdictions, and procedural rules. State white-collar charges are filed in Nevada state courts (district courts) and are subject to the procedures of those courts. Federal white-collar cases are filed in Nevada federal court, which operates under different procedural rules. It is beneficial for a person facing white-collar charges to have legal counsel with experience in both the federal and state systems.
Defending Against White-Collar Charges
A strong defense is essential for both federal and state white-collar charges. An experienced attorney analyzes the evidence, which is often substantial, to explore strategies for reduction or dismissal of charges. The best defenses depend on the nature of the charges and the evidentiary details. Substantive or procedural errors by law enforcement or an investigative agency can significantly affect the outcome of a case as well. Negotiating with the prosecutor is also an important part of the attorney’s role.
Free Consultation with a Las Vegas White-Collar Crimes Defense Attorney
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.
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.
