White Collar Crime Attorneys Contest the Government’s Evidence

Financial crime defense in Little Rock, Fayetteville and throughout Arkansas

The term “white collar crime” was coined around 1939 and alludes to the white collars worn by business executives accused of nonviolent, financially motivated crimes. Today, the definition of white collar crime has been expanded to include cybercrimes and ongoing criminal enterprises. At James Law Firm, we begin working on your case the moment you retain us. We investigate the facts, research the law and go to court prepared with powerful arguments and evidence.

What constitutes a white collar crime?

White collar crimes are nonviolent, economic crimes accomplished through the application of specific skills rather than brute force. Often, these crimes involve fraud, which is theft by deception. When a federal agency is the victim, the criminal activity crosses state lines or the offense violates a federal law, it is a federal crime. Specific types of white collar crime include:

• Money laundering — This is usually an ongoing criminal conspiracy where a person engaged in an apparently legitimate business that deals heavily in cash passes money through from a criminal enterprise. The laundered money gains legitimacy and can be deposited in a bank account or spent without garnering attention. Because this activity involves moving and concealing criminal revenues, it makes the launderer an accessory to those crimes.
• Bribery — Buying or selling influence can be by direct means (giving cash in exchange for favorable treatment) or indirect means (for example, arranging a no-interest loan in exchange for preferential treatment). The actors on either end of the exchange are subject to criminal prosecution. Offering or soliciting a bribe is also illegal, even if the deal never goes through.
• Tax evasion — Fraud against the U.S. Treasury and Arkansas tax evasion are widely practiced forms of white collar crime.
• Insurance fraud — Filing a false claim or inflating the value of an insured loss constitutes fraud. Frequent targets of insurance fraud are auto insurance companies, business insurers, health insurance companies and government programs, such as Medicare, Medicaid and Social Security.
• Wire, internet or mail fraud — Using an instrumentality that crosses state lines to commit fraud is a federal offense. This type of fraud is often charged as an additional count on top of the underlying fraud. For example, if you file a false insurance claim over the internet, you can be charged with multiple offenses.
• Embezzlement — This theft crime is the fraudulent conversion of another person’s property by a person who is in a position of trust, such as a bookkeeper or trustee.

Often with a white collar crime, federal prosecutors will charge a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).

What are the penalties for white collar criminal offenses?

The penalties depend greatly on how much money is involved in the alleged crime. Did the offender pocket a few transactions or funnel millions to a dummy corporation? Since these are often federal crimes, extensive prison time is usually incurred, along with fines and restitution.

It’s important to understand that many of these charges are very difficult to prove. Often, the authorities cannot prove the underlying crime, so they charge process crimes, like perjury or obstruction of justice. This makes it very important to have reliable legal advice as soon as you learn you are under investigation. There are also consequences beyond jail time and fines — the damage to your family and to your professional reputation. Our experienced Arkansas criminal defense lawyers will work hard to resolve your case on the best possible terms.

Trust a determined legal team in Little Rock to handle your white collar crime defense

For more than 28 years, James Law Firm in Little Rock has fought tirelessly for the rights of accused clients, and we are ready to help you get through your current crisis. We are available 24/7 to help you or a loved one in a time of need. Contact us online or at (501) 375-0900 to schedule your free consultation. Hablamos español.