Albuquerque White-Collar Crime Lawyers

Make sure you have an experienced Albuquerque white-collar crime lawyer fighting for your freedom. Contact Harrison & Hart, LLC for a confidential consultation today. With our firm by your side, you may avoid the consequences of a federal crime conviction.

What Are White-Collar Crimes?

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.

Types of White-Collar Crimes

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:

• Money laundering
• Securities fraud
• Wire fraud
• Tax evasion
• Mail fraud
• Mortgage fraud
• Bank fraud
• Embezzlement
• Credit card fraud
• Insurance fraud

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.

What Is the Foreign Corrupt Practices Act?

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.

Who Investigates White-Collar Crimes?

There are multiple government agencies involved in investigating white-collar crimes. The common agencies you should be aware of include:

• The Federal Bureau of Investigation (FBI) – The FBI is responsible for investigating specific types of federal crimes and assisting local law enforcement agencies with training and other services. The FBI is also responsible for gathering and analyzing intelligence and combating U.S. security threats.
• The Internal Revenue Service – The IRS is responsible for enforcing federal tax laws in collecting individual and business taxes.
• The United States Postal Inspection Service – Postal inspectors are tasked with protecting the U.S. Postal Service, its infrastructure, and the public by defending the national mailing system from dangerous or unlawful use.
• The Securities and Exchange Commission (SEC) – The SEC oversees securities brokers and dealers, securities exchanges, and financial advisors to prevent fraud and promote fair securities exchange dealings.
• The Commodity Futures Trading Commission (CFTC) – The CFTC is responsible for regulating derivatives markets in the United States. They are tasked with promoting an efficient and competitive market and protecting investors from manipulation and fraudulent trade practices.
• The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) – FinCEN is responsible for protecting the United States financial system from money laundering and other illegal activities while promoting national security. They are responsible for maintaining financial data and building global cooperation with other international law enforcement agencies.

What Are the Penalties for White-Collar Crimes in New Mexico?

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.

Collateral Consequences

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.

What Are Your Defense Options?

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.

Negotiating a Plea Agreement

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.

Pretrial Diversion Programs

First-time, non-violent offenses may be eligible for pretrial diversion. Here, you may need to complete court-ordered terms, such as:

• Random drug or alcohol testing
• Abstaining from drug or alcohol use
• A curfew
• House arrest
• Electronic monitoring
• The requirement that you maintain employment
• Regular check-ins with a probation officer
• Pay court fines and restitution to alleged victims

Failure to meet the terms of the program results in a criminal conviction that includes the penalties mentioned above.

Common Defense Arguments

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:

• Mistake of fact
• Lack of intent
• Failure to meet the elements of the offense
• Lack of sufficient evidence
• Evidence was obtained through illegal search and seizure
• Failure to read Miranda rights
• Lack of probable cause
• Other constitutional rights violations

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.

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, 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.