New York City Defense Counsel – White Collar Criminal Defense
Many people mistakenly assume that white collar crimes are not serious because they are typically nonviolent. The reality is that these are often major financial crimes, and those accused of committing such crimes can face serious penalties. A New York City white collar crimes lawyer is an essential resource to consult if you or a family member has been charged with any type of white collar criminal offense.
Charges for white collar offenses in NY can vary in terms of severity and possible punishment, but all white collar crimes should be taken seriously. If you are charged with one of these offenses, whether computer fraud or tax crimes, the repercussions include a sentence in federal prison, payment of substantial fines, and assessment of other fees.
As one of the premier NY defense counsel firms in NY, Koch Law dedicates substantial time to the defense of white collar crimes. A white collar crimes lawyer in our office would have the experience and skill to handle any of the myriads of offenses that fall under this broad set of financial-based crimes.
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Understanding White-Collar Crimes in NY
In the US, we frequently associate white collar crime with a specific type of businessperson or status, but the original and applicable definition of these crimes is broader. White collar crime is any nonviolent offense that is committed for the purpose of financial windfall or reward. Anyone can be charged with a white collar crime, regardless of background or socioeconomic class.
The criminal activity that is considered white collar crime is constantly changing, as technology and other advancements continue to impact criminal capabilities. As well, technology and communication tools are dragging more individuals and businesses into investigations of cyber warfare, cyber extortion, cyber terrorism, and computer fraud – which could all qualify as a white-collar crime in many instances.
New York City is widely considered to be a hotbed of financial crimes due to the presence of Wall Street banks, the New York Stock Exchange, hedge funds, investment firms, and countless financial institutions that handle vast sums of money on a daily basis. While most financial professionals discharge their duties in good faith, there is a great deal of temptation toward malfeasance and illegal actions for personal enrichment.
It is also common for employees of financial institutions to become unknowingly involved in white collar criminal conspiracies. They may not realize that what they are doing is wrong, believing they are simply performing their job duties in good faith. It is also possible for willing participants in such enterprises to mistakenly believe that low-level involvement absolves them of any direct responsibility for lawbreaking.
The reality is that law enforcement in New York City and various state and federal agencies take financial crimes extremely seriously, investing large operating budgets into investigating and prosecuting white collar crimes each year. If you have been arrested for participating in any type of white collar criminal activity, it is crucial to secure defense counsel you trust as quickly as possible.
NY Laws on White-Collar Crimes
An NY white collar crime lawyer must be prepared to defend a wide range of offenses. Most of these offenses fall under federal law, but not all. NY law also criminalizes several actions involving financial gains, such as embezzlement, bribery, and cybercrimes.
NY defense counsel for white collar crimes takes cases involving:
- Computer fraud: any use of a computer, computer network, or computer program to take, duplicate, modify, or destroy data or information for the purpose of economic gain to the actor or harm to the victim.
- Cyber extortion: use of a computer, computer network, or computer program to threaten or demand money or other property of value.
- DDOS attacks: DDOS stands for distributed denial-of-service, and is the use of rerouting a high volume of traffic to a particular website or server for the purpose of overwhelming that system and creating havoc. Once in place, a DDOS attack can be used to abstract information, data, or directly access systems, and eventually reap a financial gain from the victim.
- Embezzlement: involve the theft of money or other property of value, while that property is in the control or trust of the actor.
- Identity theft and fraud: is the theft and use of personal data to commit a crime or obtain a financial windfall that is based on assuming someone else’s identity.
- Information warfare: involves the use of technology, in particular, communication technology such as wires and phone lines, to create an unfair and undeserved competitive advantage over a competitor or other individual.
- Tax crimes: fraud and evasion of federal taxes is one of the most common white collar crimes and heavily punished by the US government.
- Wire fraud: the use of IT and telecommunication lines, such as phones, radio, and the internet. Technology is quickly changing the scope of wire fraud and expanding the need for experienced wire fraud defense lawyers.
Defense to White-Collar Crimes in NY
If you are facing the charge for white-collar crime in NY, you should seek the legal counsel and assistance of an NY white collar crimes lawyer. Legal counsel a collect evidence for your case and develop a strong defense strategy, but of equal importance, an NY lawyer will ensure you understand the charges against you and complete all requirements under the state or federal criminal justice process.
It is vital to remember that many white collar crime cases in New York City are prosecuted under federal statutes, so it is possible for a federal agency such as the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), or Securities and Exchange Commission (SEC) to spearhead a white collar crime case, especially if multiple defendants are involved in some type of conspiracy.
You may need to prove that you were an unwitting and unwilling participant in the conspiracy, that your boss at work compelled you to complete certain tasks that you did not realize were illegal, or that you contributed to their conspiracy without any realization of the truth of the situation. Your defense could also hinge on proving that you did not actually commit the crime and that you have been wrongfully identified as the perpetrator.
In every criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, and they attempt to accomplish this by carefully leveraging evidence and testimony against the defendant.
It is your defense lawyer’s job to prevent them from meeting this burden of proof by presenting contradictory evidence, establishing an alibi, or showing that the prosecution’s evidence is inadmissible, flawed, or that their sources of information are not credible.
White collar criminal cases are generally complex, require extensive research and investigation, and involve significant sums of money. Multiple defendants could be involved in a case, and the average defendant will not be able to formulate an effective defense on their own. Whether you need to prove your innocence or mitigate your penalties if you have broken the law, it is vital to work with an experienced New York City white collar crimes lawyer you trust.
FAQs
Some of the most common white collar crimes in New York City include insider trading, securities fraud, embezzlement, and money laundering. While these offenses are typically nonviolent in nature, they are still major criminal offenses that can lead to severe penalties, especially when defendants have violated federal statutes in committing these offenses.
The right to remain silent is important in a white collar crime case because anything you say to arresting officers or investigators without an attorney present could be later used against you. These cases are complex, and the authorities that conduct arrests typically do not act until they are certain they can secure convictions. Remaining silent after arrest ensures that your own words cannot be used against you in later proceedings.
You should hire a New York City white collar crimes lawyer as quickly as possible after arrest and booking. You have the right to an attorney when you are accused of a crime, and it is vital that you exercise this right to have the greatest chance of reaching a positive conclusion to your case. The sooner you contact a defense attorney, the more time and flexibility they will have in building a defense strategy for you.
The time required for a white collar crime case to conclude depends on several factors, such as whether the case is tried in state or federal court, whether multiple defendants are being prosecuted for participating in a conspiracy, and the overall severity of the offenses involved in the case. The criminal justice system sometimes proceeds slowly, so proceedings in complex white collar crime cases sometimes take several months or even years to resolve.
The cost of hiring a New York City white collar crimes lawyer usually depends on how much time the attorney needs to spend working on the case. Most defense lawyers charge for their services by the hour and track all time spent working on a client’s case. Koch Law will explain our billing policy carefully so there are no surprises when it comes to your attorneys’ fees.
CALL NOW FOR A CONSULTATION
Koch Law has successfully resolved many white collar crime cases, and we are ready to extend the full extent of our resources, experience, and skills for you. If you need a New York City white collar crimes lawyer to defend you, it is important to seek out the legal counsel you need as quickly as possible after your arrest. Hiring a white collar crimes lawyer begins with a single phone call. Simply contact our offices at Koch Law by calling (844) 562-4529.
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