The term “white collar crime” is thrown around quite a lot these days. But what, exactly, does it mean? Simply stated, a white collar crime is a non-violent crime committed by means of deceit and motivated by financial gain. Some common types of white collar crimes include fraud, embezzlement, and money laundering. Ponzi schemes and securities fraud (think “insider trading”) are white collar crimes. Insurance fraud and even tax evasion are considered white collar crimes.
If you have been charged with a white collar crime, or if you feel that you might be the subject of a white collar criminal investigation, it is crucial that you work closely with your attorney to formulate a strategy for your defense. Even if you have simply been called as a witness in a white collar case involving your company, it is wise to seek legal counsel. Often in white collar cases, the difference between a witness and someone charged with a crime is the simple fact that the prosecution does not yet possess sufficient evidence to implicate the witness in any wrongdoing. However, this could change in the blink of an eye and the witness could soon find that he or she has gone from the witness stand to the hot seat.
There are many differences between a regular criminal trial and a white collar case. In an ordinary trial, witnesses testify, physical evidence is exhibited, and the trial comes to a close within a week. In the case of white collar crimes, however, the legal proceedings can go on for far longer. Due to the nature of the evidence presented in white collar trials, the sheer number of exhibits can be staggering. Countless documents, emails, and complex financial records must be presented to the judge and jury members in a white collar trial.
The sheer volume of evidence can actually work to the white collar defendant’s advantage. While the prosecution is drowning the judge and jury in paperwork, the defense attorney can argue elegantly in his or her client’s defense. Pointing out a single flaw in the prosecution’s case is all it takes to prevail in a white collar case. For this reason, it is important that you choose an attorney who is able to formulate the most effective white collar defense. If you are the subject of a white collar criminal investigation, don’t let the prosecution’s case destroy your career or your professional reputation. Contact the law office of Naiburg, Obedin and Weissman for a free consultation.