NYC White Collar Crimes Attorney
While most people associate New York’s criminal code with offenses like theft, assault, and drug possession, the reality is that many of the crimes with which New York residents are charged fall under the category of white collar crimes. White collar crimes are non-violent in nature, but usually involve elements of fraud and theft. Despite the fact that they rarely involve violence, white collar crimes are still penalized harshly. In fact, those who have been accused of committing a fraud based crime could end up being imprisoned, required to pay hefty fines, and forced to abandon a licensed practice. For these reasons, defendants who have been arrested for or charged with a white collar crime should strongly consider speaking with an experienced New York City white collar crimes attorney who can ensure that their interests are protected.
Common White Collar Crimes
White collar crimes almost always involve some sort of financial motivation, as well as fraudulent activity, but are otherwise as wide ranging as other types of crime. There are, however, some white collar crimes that are charged more often than others, including:
- Identity theft;
- Bribery and blackmail;
- Money laundering;
- Tax evasion;
- Securities fraud;
- Mail and wire fraud;
- Theft of intellectual property;
- Computer crimes; and
- Credit card fraud.
These types of crimes and activities are prohibited under both state and federal law, so it is not uncommon for defendants who have been accused of a white collar crime to be under investigation by multiple agencies. In most cases, however, those who are accused of committing a crime that involves the federal government, such as welfare fraud, or a crime that took place in multiple states can expect to come up against federal prosecutors. Defendants who allegedly committed white collar crimes that are specific to New York, on the other hand, will usually face charges in state court. In fact, a person could be charged in both state and federal court for the same crime.
The type of defense that a person uses after being charged with a white collar crime will depend in large part on the specific crime in question. There are, however, a few common defense strategies that have proven successful more often than others, including:
- A lack of intent, which involves proving that a defendant did not intentionally violate state or federal law;
- Entrapment, which can be used as a defense when a defendant was pushed into the criminal activity by undercover law enforcement officers;
- Evidence obtained through unlawful search or seizure, which if established, can result in the illegally seized evidence being thrown out by the court;
- Coercion, which requires proof that a defendant was coerced or forced into committing the fraudulent act in question; and
- Lack of knowledge, which involves providing proof that the defendant did not have knowledge that a crime was being committed.
For help determining whether any of these defense strategies could apply to your own case, please contact our dedicated white collar crime legal team today.
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Those who are convicted of white collar crimes in New York face severe penalties, including imprisonment, probation, fines, and forfeiture of their assets. To ensure that you are not forced to suffer these penalties despite your innocence, please contact dedicated NYC white collar crime lawyer Mark I. Cohen, Esq. today. We can be reached at 212-732-0002 or via online message.