Defending Business Related Financial Crimes
Have you been accused of committing fraud, bribery, tax evasion or embezzlement? Did you receive any subpoena stating that you are obliged to testify on a court hearing?
Fraud and embezzlement are examples of the so-called white collar crime. White collar crime is defined as crime committed by a person of respectability and high social status in the course of his occupation. These are sometimes referred to as nonviolent crimes.
If you are accused of such crime, it means that you've violated federal laws and you will probably be charged in federal court. You might have done it unintentionally, but you might still be forced to defend yourself inside a courtroom. This can make a bad impression or an impact to your personality. So it is essential for every person to have legal knowledge about it.
You'll know that you are under investigation if you received a subpoena that compels you to show business documents or to testify at a grand jury, if you were presented a search warrant to seize your business records, if you received a target or subject letter telling you that you are under investigation, or if a state of federal investigator contacted you for questioning.
Penalties may include fines, imprisonment, restitution, forfeiture, supervised release and home detention. Restitution is different from forfeiture. Restitution refers to returning of money or property, while forfeiture pertains to giving up money and property.
Before you talk to investigators or anyone about the crime, find some legal advice first. This is vital because investigators tend to use your statement to build a case against you.
The most common defenses against a white collar crime are entrapment and absence of intent. Entrapment is defined as a situation where government personnel coerce you into committing a criminal act that you otherwise wouldn't have committed. Absence of intent means that you do not know that you were doing a criminal action or you do not intend to commit the crime.
The six federal agencies that investigates white collar crime includes FBI, United State Postal Service officers, United States Treasury authorities, Internal Revenue Service investigators, the Bureau of Citizenship and Immigration Services (formerly the Immigration and Naturalization Services), and the Securities and Exchange Commission.
In dealing with white collar crime, the first and best thing to do is to find a suitable lawyer immediately. Do not talk to anyone about the issue until you find legal advice.
