The term ‘white collar crime’ was coined in 1939 to describe the collared shirts businessmen and politicians wore while they committed certain types of lucrative, non-violent crimes. These crimes have steadily proliferated as technology has advanced, and today, anyone could conceivably commit one. They are fraudulent actions characterized by concealment, deceit, and breach of trust motivated by financial gain or a business advantage.
Our defense attorneys thoroughly understand how the Department of Justice for federal crimes and the Office of the State Attorney for the Ninth Judicial Circuit operate to build cases because we routinely defend those accused. If you suspect you are being investigated by either of these agencies, it is imperative that you call a Windermere white collar crimes lawyer now, because the prosecution is already gathering evidence to prosecute you.
Because Florida is economically diverse, including a strong presence of corporate headquarters, real estate, and other investment services targeting wealthy retirees, and as an international gateway for business ventures, white collar crime thrives. Cybercrime focuses on vulnerable seniors, healthcare fraud is rampant, and intellectual property theft common due to a substantial entertainment and creative endeavors industry. These are white collar crimes, along with:
White collar crime is prosecuted in federal court if the scheme involves Floridians and citizens in at least one other state. Securities fraud is also a federal charge. Our Windermere white collar crimes attorney is experienced in state and federal courtrooms and can help guide you through the process.
Our defense attorneys understand that the federal government has deep pockets and prosecutors can spend more time exploring whether you are culpable than a local jurisdiction with a limited budget might. In both cases, we aggressively jump in to investigate and gather evidence, which usually includes financial records, communications, and witness statements. We authorize forensic accounting when appropriate and analyze digital data. Our goal is to discredit the prosecutor’s case by uncovering inconsistencies and identifying exculpatory evidence.
Prosecutors in criminal cases must prove the defendant is guilty beyond a reasonable doubt, which differs from a civil action in which guilt is proven by a preponderance of the evidence. Any doubt about your participation in a white collar crime means the jury should find you not guilty. We look for evidence that casts doubt on your guilt, such as that you lacked the intent to defraud anyone, the situation leading to your charges was a misunderstanding or mistake, or you were naïve or uninformed, not deceitful.
We also question law enforcement’s role in your arrest, particularly your degree of voluntariness. Entrapment is a defense we use when an officer improperly induces you to commit a crime you would not have thought to commit. Duress occurs when an officer coerces you by, for instance, threatening your family if you do not cooperate.
We scrutinize how law enforcement handles the chain of evidence and will challenge any breach that can weaken or destroy that chain. You have constitutional rights to a proper search and seizure of evidence, and once you ask for a lawyer, you should not be questioned until you are under their protection. If you are arrested, or suspect you are under investigation for white collar crimes, a Windermere defense lawyer is your staunch ally.
Because the penalties for white collar crime can be harsh, including long stints of incarceration in federal or state prison, hefty fines, and potential disgorgement of ill-gotten gains, a tenacious defense attorney should go to work on your behalf immediately upon learning you are under investigation.
We may be able to avert trial by negotiating a plea deal with the prosecutor but, armed with evidence from our own investigation, we will fight for you at trial if we determine that is the best strategy. To discuss your charges or suspicions and collaborate on a defense, call a Windermere white collar crimes lawyer now.
The Umansky Law Firm Criminal Defense & Injury Attorneys