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Phoenix White Collar Crime Lawyers

Q: Are White Collar Crimes Considered Federal Offenses?

Yes, white-collar crimes can and often are considered federal criminal offenses, especially when they involve violations of federal laws or cross state lines. Crimes like fraud, embezzlement, and money laundering often fall under the jurisdiction of federal law enforcement agencies such as the FBI, IRS, or SEC. When investigated by federal authorities, these crimes can lead to prosecution in federal court, often resulting in much harsher penalties upon conviction.

Professional & Experienced White Collar Crime Defense Attorney in Phoenix, AZ

In Arizona, prosecutors remain diligent when it comes to white-collar crime cases, and they often dedicate a large amount of time and resources to catching and penalizing those who commit them. For those convicted, the penalties can be extremely harsh, which makes it important for those facing white-collar crime allegations to take them seriously. If you’ve been accused or charged with a white-collar offense in Arizona, our Phoenix white-collar crime lawyers at Belén Law Firm can help.

As a top-rated criminal lawyer in Phoenix, AZ, Belén Olmeda Guerra has extensive experience fighting white-collar charges of all kinds. She and her team have dealt with defendants facing white-collar criminal charges at both the state and federal level, so they know what it takes to get these charges reduced, withdrawn, or even dismissed. They may even be able to get an investigation stopped before the charges are brought forward.

Working with our experienced team of white-collar crime attorneys at Belén Law Firm makes the process less frightening for you while we fight aggressively for your freedom and future. To learn more about what we can do to help you with your criminal case, schedule an appointment with a member of our team for a free consultation today. Simply call our Phoenix law office at (602) 715-0908 or send a message via our online intake form as soon as possible.

What is White Collar Crime?

White-collar crimes involve deception, concealment, or a breach of trust, according to the Federal Bureau of Investigation (FBI). The label refers to a wide range of financially driven, nonviolent criminal acts motivated by a desire for financial or personal gain, typically in order to obtain or avoid the loss of money, services, or property.

The term “white collar crime” originated as a way to describe nonviolent crimes perpetrated in the workplace, because historically, men of higher social status dressed in a suit, tie, and white collared shirt for work. Therefore, these crimes are named after the type of clothing worn by the stereotypical perpetrators.

Fraud, embezzlement, and various other white-collar crimes are typically punishable by lengthy prison time and hefty fines. That’s because these crimes often include extremely large sums of money and many victims, which many people overlook. Additionally, federal prosecutors are frequently harsh in sentencing and convicting defendants both to punish them and hopefully deter others from engaging in similar behavior.

Types of White Collar Crimes

There are a number of different types of white-collar criminal charges one may face, but most can be classified in one of two ways: individual and corporate. Individual crimes are those committed by a single person or a small group of people for an unlawful purpose (typically financial gain). Meanwhile, corporate crime is often committed by a private company’s employees for the advantage of their employer. This might include things like insider trading and antitrust violations, among others.

Whether the crime occurred at an individual level or corporate level, there are a number of offenses that may constitute white collar crimes. The most common types of white collar offenses include embezzlement, fraud, forgery, bribery, extortion, counterfeiting, racketeering, money laundering, tax evasion, antitrust violations, and identity theft.

Embezzlement

Embezzlement is a type of financial fraud that occurs when someone entrusted with money or property misappropriates it for personal use. It often involves employees or individuals in positions of trust who divert funds or assets they were supposed to manage or protect. At Belén Law Firm, our Phoenix embezzlement lawyers have handled several high-profile cases involving embezzlement and other related crimes and can help accused clients successfully navigate their cases while mitigating the potential consequences and protecting their rights along the way.

Fraud

Fraud entails deception and a breach of trust to achieve an unfair or illegal advantage, often causing harm or loss to a firm or individual. As such, white-collar crimes often involve various types of fraudulent schemes, each targeting different financial systems or assets. The most common types of fraud charges in Arizona we see at our law firm include:

Insurance fraud – This involves falsely claiming insurance benefits through dishonest means, such as inflating claims or staging accidents.
Credit card fraud – The unauthorized use of someone’s credit card information to make purchases or withdraw funds.
Bank fraud – Involves schemes for fraudulently obtaining money from financial institutions.
Investment fraud – This includes various deceptive practices that target investors for financial gain.
Wire fraud – Involves the use of electronic communications to defraud individuals or businesses.
Check fraud – The act of forging, altering, or using stolen checks to illegally obtain funds.
Mortgage fraud – This occurs when individuals provide misleading or false information on mortgage applications to secure loans they wouldn’t otherwise qualify for.
Securities fraud – Involves deceptive practices in the stock market, such as insider trading or misleading investors.
Healthcare fraud – This includes overbilling, false claims, or charging for services not provided.

Forgery

The criminal act of forgery involves falsely making, altering, or imitating a document or signature with the intent to deceive others for personal gain. This crime extends beyond simply signing someone else’s name; it can also involve manipulating legal documents (such as contracts or financial applications) to secure loans or benefits under false pretenses. Forgery can also apply to various mediums, including counterfeit currency, where fake bills are produced to mimic real money, or art forgeries, where replicas of famous works are created and sold as originals. The consequences of forgery are serious and require the help of an experienced forgery defense attorney to mitigate.

Bribery

Bribery refers to giving something of value to someone in a position of power, such as a public official, in order to influence that person’s actions or decisions. If a public official, government employee, or elected representative makes a request for something of value in return for a certain action or decision, this is also considered bribery. Bribes must be given or taken with “corrupt intent” to be prosecuted.

Extortion

Extortion is the act of obtaining property, money, or favors illegally and through compulsion. The most well-known kind of extortion is blackmail, which is based on the threat of releasing the target’s private information. Public corruption is another common form of extortion, which occurs when a public official trades favors for a bribe, such as accepting a request or performing a specified action.

Counterfeiting

The illegal production of fake goods, documents, or currencies is known as counterfeiting. Perpetrators of this crime typically copy and sell reproductions as copyrighted, trademarked, or other legally protected information or products. The most typically counterfeited things include money, driver’s licenses, passports, designer products, and Treasury Bonds.

Racketeering

People usually associate the federal RICO law (Racketeers Influenced Corrupt Organizations Act) with the crime of racketeering. Although racketeering is considered a federal crime, the state of Arizona does have anti-racketeering laws of its own, known as the Illegal Control of an Enterprise law.

Whether at the state or federal level, racketeering refers to the act of engaging in illegal business activities or organized criminal schemes to generate profit. These activities often include crimes like extortion, bribery, loan sharking, and running illegal gambling operations. It may also include violent crimes such as terrorism, human trafficking, homicide, and robbery when committed for financial gain.

Money Laundering

Money laundering, also referred to as “cleaning dirty money,” is the process of hiding the source of illegally obtained money (such as through drug trafficking or fraud) to make it appear legitimate. Cleaning money typically involves shell companies, investments, or separating funds into multinational banks in complex banking transactions. Money laundering schemes often progress through three stages, including placement/structuring, layering, and integration.

Tax Evasion

Tax evasion is the illegal act of deliberately avoiding paying taxes owed to the IRS (Internal Revenue Service). This crime typically involves underreporting income, inflating deductions, or hiding money in offshore accounts to reduce the tax burden. Individuals and businesses that engage in tax evasion can face serious consequences, including steep fines and imprisonment, as it undermines the integrity of the tax system and shifts the financial burden onto law-abiding taxpayers.

Antitrust Violations

Antitrust laws are aimed at encouraging free and open markets. These laws restrict unfair competition by limiting the power of any one corporation or firm. Price fixing, bid rigging, price discrimination, boycotts, tying, and monopolization are all examples of violations of these antitrust laws. However, the two most common types of antitrust violations are agreements to suppress competition and attempts at acquiring a monopoly.

Identity Theft

Identity theft is a white-collar crime that involves illegally using someone else’s personal identifying information, such as their Social Security number or bank account details, to commit fraud. Offenders may use a person’s identity to open new accounts, make unauthorized purchases, or access sensitive information.

Identity theft is a serious offense that can lead to significant financial and legal consequences for those involved, making the help of a skilled Phoenix identity theft defense attorney necessary to avoid the worst case scenario in these situations.

White Collar Crime Examples

White-collar crime has seen some of the most notorious cases in history, with Charles Ponzi, the Enron Corporation, and Bernie Madoff being prime examples.

Ponzi Schemes: Charles Ponzi is infamous for the “Ponzi scheme,” a fraudulent investment operation occurring in 1920 where returns to earlier investors were paid from the capital of new investors rather than from actual profits. His scheme promised huge returns through international postal reply coupons but eventually collapsed, leading to significant losses for thousands of investors.
Enron Corporation: In the early 2000s, the Enron company used complex accounting practices to hide its massive debts and inflate profits. Once the fraud was uncovered, Enron declared bankruptcy, costing shareholders billions and leading to the downfall of one of the largest energy companies in the U.S.
Bernie Madoff: Bernie Madoff orchestrated the largest Ponzi scheme in history, defrauding thousands of investors out of billions of dollars. Over decades, Madoff promised consistently high returns, which were actually funded by new investments rather than real earnings. His scheme unraveled during the 2008 financial crisis, leading to his arrest and a 150-year prison sentence.

These are just a few of the most notorious white-collar crime cases in history, but several other types of offenses may result in a white-collar crime charge. Regardless of the type of offense committed, all cases involving white-collar crime are intricate and require skilled legal representation. A Phoenix white-collar crime attorney, like those at Belén Law Firm, can help provide a strong defense by ensuring that every detail is properly addressed. Our attorneys represent individuals facing a variety of white-collar charges, including fraud, embezzlement, money laundering, and a number of other related practice areas, providing the necessary legal counsel to achieve a favorable outcome.

Are White Collar Crimes Considered Federal Offenses?

Yes, white-collar crimes can and often are considered federal criminal offenses, especially when they involve violations of federal laws or cross state lines. Crimes like fraud, embezzlement, and money laundering often fall under the jurisdiction of federal law enforcement agencies such as the FBI, IRS, or SEC. When investigated by federal authorities, these crimes can lead to prosecution in federal court, often resulting in much harsher penalties upon conviction.

Facing charges at the federal level can be a daunting experience, but fortunately, a seasoned criminal defense attorney from the Belén Law Firm can provide aggressive representation to clients facing both state and federal charges. With experience in handling cases brought by both the federal government and Arizona state prosecutors, our legal team works tirelessly to protect your rights and build a strong defense against any and all accusations.

What are the Penalties for White Collar Crimes?

The commission of any type of white-collar crime may result in a wide range of serious penalties. The punishment for white-collar crimes depends on the type of case and conviction, as well as whether it is a state or federal case. Some white-collar offenses may be considered misdemeanors and employ relatively short jail sentences, while other offenses are classified as federal felony charges and carry significantly longer prison terms. In addition to the prospect of prison time, those convicted must often repay whatever money was gained via their illegal activities.

If you’ve been charged with a white-collar crime of any kind, contact an experienced Phoenix criminal defense lawyer at Belén Law Firm right away. Attorney Belén Olmedo Guerra and her team can help you understand the charges leveled against you as well as their potential penalties and put together the strongest possible defense strategy for you.

How an Experienced Criminal Defense Attorney Can Help

White-collar crime charges differ from many other criminal offenses in that they are often the result of extensive investigations conducted by federal agents or other law enforcement agencies. These investigations can span months or even years, with the targets of the inquiry often becoming aware of their involvement well before formal charges are filed. This provides a crucial window of time to act.

By securing the services of an experienced white-collar criminal defense attorney, individuals can begin preparing a defense early in the legal process, potentially mitigating the impact of the investigation. In some cases, a proactive approach by a skilled criminal defense team can prevent charges from being brought altogether.

At the Belén Law Firm, we have a proven track record in handling complex criminal law cases like these and are ready to take on your case. We also offer the opportunity for a free consultation, allowing individuals to explore their legal options with a knowledgeable attorney and take the necessary steps to protect their rights and future. We encourage you to call as soon as possible to get started on your defense.

Call the Belén Law Firm to Speak With a Skilled Phoenix White Collar Crime Attorney Today

When you’re accused of white-collar crimes, your freedom, future, professional career, and social standing are all in serious jeopardy. With the Belén Law Firm, a renowned Phoenix criminal defense firm, our white-collar crime attorneys do their due diligence to establish a defense strategy that protects and preserves your freedom.

Our experienced Arizona criminal defense attorneys stand ready to take on white-collar crimes involving government investigations and various state and federal agencies. Not only that, but we can also help with various other criminal cases, including violent crimes, sex crimes, drug offenses, and more. You can call our law offices at (602) 715-0908 or reach out online to schedule your free consultation and obtain the legal help you need today.

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