NYC White Collar Crime Lawyer

How to Prove A White Collar Crime

To convict someone of a white collar crime, prosecutors will generally have to show certain elements. While the exact elements will depend upon the specific charge, the following elements are generally present in most white collar cases:

Intent

Prosecutors typically have to prove that the defendant had the mental state to engage in the white collar crime. This would involve proving that the defendant had the knowledge that they were committing the crime and the intent to do so. As a result, reasonable mistakes and errors may not be enough to support a federal criminal charge.

Act Toward Commission of the Crime

The defendant must take some action toward the furtherance of the white collar crime. The action can be almost anything such as coming up with a plan of action or breaking into a computer. Once that intentional act has been identified and proven, your need for a Manhattan white collar crime lawyer is imperative.

Harm

In some cases, the government will have to show that someone was harmed as a result of the crime. So even if an act of fraud was committed, the alleged white collar crime may not result in a conviction if no one was harmed. However, the definition of harm may be interpreted quite broadly and include more than strictly financial harm such as harm to someone’s reputation. You will want to consult with a New York City white collar crime attorney to learn if actual harm is an element of the charges you face.

Penalties for White Collar Crime

There is a common misconception that individuals convicted of white collar crimes in NYC are given easy sentences or are sent to “country club” penitentiaries. However, if convicted, a person could face the same federal criminal penalties as many others convicted of more violent crimes. Individuals could serve extensive time and face multiple years behind bars for white collar crimes. In addition, someone convicted of this crime typically also faces:

Monetary Fines and Restitution

A distinguishing feature of most white collar crimes is that the defendant will be ordered to repay the financial loss that he or she has caused. The defendant may be ordered to pay it back all at once or may be forced to pay it back over a period of time. In addition to restitution, the defendant may owe monetary fines and face civil penalties.

Home Detention

Following a prison sentence or in place of prison, a convict may face house arrest. Home detention is typically only available in special circumstances.

Community Service

Community service is a penalty frequently associated with white collar crimes. Someone convicted of the crime may have some special skill or power allowing them to pay back the community in other ways such as giving talks or mentoring.

Representation in Professional Discipline and Licensing Matters

Along with representing white collar professionals in criminal cases, NYC white collar criminal defense lawyer Frederick L. Sosinsky also has extensive experience representing licensed professionals in administrative investigations and proceedings. These are typically brought by the New York State Office of Professional Discipline, Office of Medical Conduct, or New York State Education Department, depending upon the relevant profession.

Frequently Asked Questions

What is Mail & Wire Fraud?

U.S. mail, telephone service, or the internet can all be used to commit a federal criminal offense known as ‘Mail and Wire Fraud.’ The consequences for such an offense are stern, so it’s critical you have an adept NYC white collar crime attorney on your side if ever charged with this crime. Many times these charges ensue when prosecutors struggle to build evidence against another criminal activity; however they may also relate back to several other types of illegal activities including:

• Bank fraud
• Mortgage fraud
• Identity theft
• Online auction fraud
• Ponzi schemes

How Can An NYC White Collar Crime Lawyer Help Me?

Anyone may be charged with a white collar crime, and the number of these cases is on the rise. The crime does not just cover individuals in certain occupations. Instead, white collar crime just generally refers to a type of crime that does not involve physical violence. In addition, businesses may also be charged with the crime. Our NYC white collar criminal defense lawyer has an impressive track record representing those charged with a white collar crime in NYC. 

What Are The Defenses Of White Collar Crimes?

If you have been wrongfully accused of a white-collar offense, the evidence against you is likely to be elaborate and exhaustive. As these charges generally arise from prolonged investigations by several law enforcement bodies like the FBI, it’s not unheard of for multiple persons to stand trial simultaneously.

It is critical that you obtain the services of a white collar crime attorney in New York City to ensure your charges are dismissed or reduced, and Sosinsky Law has the perfect background for this type of task. Our firm specializes in investigation and analysis which enables us to provide valuable insight into even the most complex cases. A felony conviction has the power to haunt you for a lifetime, impacting your ability to secure employment, housing options, and access to credit. That’s why it is so essential that you enlist an esteemed NYC white collar crime lawyer who can thoroughly analyze your case and negotiate deals with prosecutors in order to protect your future.

Contact an NYC White Collar Criminal Defense Lawyer Today

If you have been charged with a white collar crime in NYC, you will want experienced counsel on your side. To discuss the specific facts of your case and learn your best options, schedule a free consultation with the white collar crime lawyer Manhattan and Brooklyn residents trust by calling (212) 285-2270.