Understanding White-Collar Crime Laws
White-collar crimes are financially motivated criminal offenses that often involve defrauding a business, individual, or other entity. White-collar crimes encompass a variety of criminal offenses. Still, they all have one central theme: to deprive someone else of funds through deceit, concealment, or a violation of their trust.
White-collar crimes take many forms, but some are prosecuted more frequently than others. Some of the more common types of white-collar crimes seen in Albuquerque include:
White-collar crimes can be particularly severe if filed under the Racketeer Influenced and Corrupt Organizations Act (RICO), which is prosecuted at the federal level and carries far more severe penalties than state-wide white-collar crime charges.
The Foreign Corrupt Practices Act (FCPA) is a federal law that prohibits individuals and businesses from bribing foreign officials to obtain business deals. The FCPA requires specific internal control provisions, accounting practices, and anti-bribery provisions.
The FCPA applies to illegal activity internationally and covers both privately held and publicly traded companies.
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White-Collar Crime Penalties & Defenses
There are multiple government agencies involved in investigating white-collar crimes. The common agencies you should be aware of include:
The consequences of a white-collar crime conviction vary depending on the crime you are accused of. White-collar crimes are often punished by up to five years in prison and large fines. You could also pay restitution to victims, complete mental health counseling or substance abuse treatment, and complete the terms of a probation sentence.
Your professional reputation could be destroyed if you are found guilty of a white-collar criminal offense. You may find it challenging to maintain relationships with your family and friends, find gainful employment, and live your life normally with a criminal background looming.
If you hope to avoid the harsh criminal penalties and collateral consequences of a white-collar crime conviction, you must take steps to challenge the charges against you.
If you have been charged with a white-collar crime, your attorney must closely examine the evidence in your case to evaluate your defense options.
Working out a plea agreement with the prosecutor may be in your best interest, especially if you are a repeat offender or have a criminal record.
First-time, non-violent offenses may be eligible for pretrial diversion. Here, you may need to complete court-ordered terms, such as:
Failure to meet the terms of the program results in a criminal conviction that includes the penalties mentioned above.
Suppose you are not eligible for a pretrial diversion program or plea agreement. In that case, your lawyer will work with you to determine which defense strategy will most likely result in an acquittal or other favorable outcome.
Your defense arguments might include the following:
Learn more about how to best approach your white-collar crime charges when you reach out to your white-collar crime lawyer in Albuquerque for help clearing your name.
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The criminal penalties and collateral consequences of a white-collar crime conviction could change your life forever. If you hope to avoid the impact of a guilty verdict, make sure you have a dedicated Albuquerque white-collar crime lawyer advocating for you.
Our team at Harrison, Hart & Davis, LLC has extensive experience in challenging white-collar crime allegations across Albuquerque and the state of New Mexico. Claim your confidential case evaluation when you call our office or complete our secured contact form.
From our office in Albuquerque, Harrison, Hart & Davis, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.