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Fraud
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Embezzlement
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Money Laundering
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Misappropriation of Funds
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Securities Law Violations
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Theft of Trade Secrets
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Copyright Infringement
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Trademark Infringement
“White collar” crime is usually used to describe financial crimes committed by business professionals, managers, or other people who use their positions or to improperly obtain money or property. Bank fraud, embezzlement, and misappropriation are well-known examples of white collar crimes. But some white collar offenses might not at first seem “criminal” to many people. Executives at publicly-traded companies can be accused of violating federal criminal securities laws if they submit incorrect financial statements. It can be federal crime – criminal trademark infringement – for a business to knowingly sell fake Rolex watches or counterfeit Nike shoes. A person could be charged in state or federal court with theft of trade secrets if they take certain types of information with them when they leave one employer to join a new company.
Although these matters may be investigated by state authorities, federal law enforcement agencies – like the FBI or IRS – often investigate when large amounts of money are missing from businesses in more than one state. Federal agencies also investigate transactions involve banks, credit-card companies, mortgage lenders, or other financial institutions; or when funds from federal programs (like Social Security, Medicaid, or federal government contracts) are involved.
White collar criminal investigations may focus on complex business or accounting practices that may perfectly legal. Unfortunately, most prosecutors and law enforcement don’t have a business background, and may be suspicious even if no laws have been broken. A successful defense usually requires taking the time and effort to fully understand the inner workings of a client’s business. Understanding a “paper trail” of business transactions can also allow a defense lawyer to find potential solutions for clients.
Careful “footwork” is essential to defending complex white-collar cases. Investigation can show that a client had no intent to take money or commit fraud, or that business or bank records contain errors, or that others were responsible for missing assets. Knowing when and how to use – like forensic accountants and private fraud investigators – can help lead to successful outcomes.