Although the media focuses much of its attention on violent crimes, state and federal prosecutors devote significant resources to fighting white collar crimes and fraud. In New York, for example, the Attorney General and district attorneys across the state pursue these cases aggressively. At the federal level, a number of agencies including the Federal Bureau of Investigation (FBI) the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC), and others enforce related federal laws. If you are under investigation or have been charged with a white collar crime, it is crucial to have an experienced criminal defense attorney in your corner.
The Law Office of Marc J. Sacco has extensive experience defending clients who have been charged with white collar crimes throughout the State of New York. Our legal team is well versed in both state and federal criminal law and has a proven track record of aggressively and successfully defending our clients.
What are white collar crimes?
White collar crimes encompass a wide range of nonviolent offenses that have a financial motive which can be committed by individuals or businesses and government employees. In particular, white collar crimes involve a violation by a person in a position of trust in order to achieve financial gain. What ties these crimes together are elements of deceit and concealment, commonly referred to as fraud.
There are many types of white collar crimes including, but not limited to:
- Bank and securities fraud
- Credit card fraud
- Health care fraud (Medicare/Medicaid fraud)
- Identity theft
- Immigration fraud
- Insurance Fraud
- Money laundering
- Mortgage fraud/real estate fraud
- Social Security Fraud
- Tax evasion
- Unemployment fraud
- Workers compensation fraud
While the federal government will often bring charges under the Racketeer Influenced and Corrupt Organizations Act (RICO), the Patriot Act is frequently being applied to many white collar crimes today, such as computer, internet, and cybercrimes. Although a conviction for a federal white collar crime will lead to stiff penalties, including a lengthy imprisonment, New York is also known for its tough white collar crimes laws. In fact, a conviction under the New York Enterprise Corruption Law – the state’s version of the federal RICO statute, can result in a state prison sentence of up to 25 years, significant fines, asset forfeiture, restitution and more. Ultimately, a conviction for a state or federal white collar crime will not only lead to a loss of your freedom but also long lasting damage to your reputation.
Defenses Against White Collar Crimes
Although state and federal prosecutors have vast financial resources and teams of aggressive attorneys who pursue white collar crimes relentlessly, our highly skilled legal team will work diligently to build a successful defense strategy.
Because these criminal investigations often produce vast amounts of documents, data, and other evidence to analyze, it may be possible to find errors in the government’s case or determine that your civil rights were violated. One of the strongest defenses to raise in a white collar crime, however, is to demonstrate lack of intent. If government fails to prove beyond a reasonable doubt that you intended to commit a crime, then it is possible to achieve a non-guilty verdict or to even have the charges dropped.
In addition, we may be able to demonstrate that you did not know, or did not have the capacity to know, you were engaging in a crime. This defense is often raised in cases involving multiple parties, which means that it may be possible to show you were not aware that illegal activity was occurring.
Over our many years of practice, we have also defended clients who were coerced into participating in a white collar crime, such as by being forced to commit forgery or fraud. Similarly, we have seen cases in which government officials have induced or intimidated clients into committing crimes, commonly referred to as entrapment, which can serve as the basis for a defense.
New York White Collar Crimes Defense Attorney
The Law Office of Marc J. Sacco has the skills and resources that are necessary for defending clients who have been accused of white collar crimes. We are well aware of the tactics that government agencies utilize when prosecuting these cases, particularly their broad surveillance powers to collect crucial evidence in corporate and business fraud cases. By collaborating with a respected network of investigators and financial experts, we will level the playing field.
Regardless of the charges you are facing, we will provide you with aggressive legal representation and fight to protect your rights and your freedom. Although we are committed to achieving successful outcomes by having the charges dropped or winning an acquittal, we will provide you with an honest assessment of the case against you. Depending on the circumstances, we may also seek to have the charges reduced or arrange for a plea bargain in order to obtain a more lenient sentence. If you are under investigation for a white collar crime or facing state or federal criminal charges, you need the superior legal representation that we are uniquely qualified to provide. Call the Law Office of Michael J. Sacco today to set up a free consultation.