According to the FBI, white-collar crime costs the United States more than $300 billion each year. To crackdown on these financial crimes, prosecutors and judges have begun to aggressively prosecute and harshly punish those involved.
Some of the most complex criminal cases are those involving white-collar offenses. They require a criminal defense attorney who has a unique skillset and the resources necessary to obtain and analyze a substantial amount of financial data. If you face these charges, it is best to seek an Anaheim white-collar crime lawyer with a proven track record of handling these complex cases. Our skilled team at the Law Office of Scott D. Henry could thoroughly analyze your case’s facts and form a defense strategy that could be most effective in obtaining a positive outcome.
What is a White-Collar Crime?
White-collar offenses are non-violent and typically involve the perpetrator using deceit, a violation of someone’s trust, or concealment to obtain a financial gain. In recent years, law enforcement and prosecutors have shifted their focus toward prosecuting those who have allegedly committed white-collar fraud, so it takes a skilled attorney in Anaheim to defend those facing these charges. Common white-collar crimes include:
- Credit card fraud and theft
- Embezzlement
- Mortgage fraud
- Ponzi or pyramid schemes
- Insurance fraud
- Money laundering
- Internet fraud
- Corporate fraud
- Welfare fraud
Embezzlement
The most common white-collar crime is embezzlement. California Penal Code 503 PC defines embezzlement as the “fraudulent appropriation of property by a person to whom it has been entrusted.” To be convicted of this crime, the prosecution needs to prove:
- The property owner entrusted the defendant with the property
- The property owner did so because they trusted the defendant
- The defendant used the property to obtain a financial gain
- When the defendant used the property, they intended to deny the property owner of its use.
Embezzlement convictions can carry up to six months in jail for a misdemeanor charge; and up to three years in prison for a felony charge. They can also carry the additional penalties of fines, restitution, and forfeiture.
Penalties for Financial Crimes in Anaheim
The penalties for white-collar offenses vary considerably and largely depend on the amount of financial loss that resulted from the crime. Fraud convictions typically involve jail or prison time, substantial fees, and restitution. Additional penalties may include:
- Home detention
- Community confinement
- Supervised release
- The requirement to pay for the cost of prosecution
- Forfeiture, or the seizing of the defendant’s property
A skilled lawyer in Anaheim could help someone facing white-collar crime charges minimize the potential penalties they may be facing by negotiating with the prosecutor.
Defense Strategies for White-Collar Offenses
Fraud convictions can carry harsh consequences. However, several solid defenses could help you avoid a conviction. Some compelling arguments include:
- Intent – You did not intend to take the property and deny the property owner of its use, or you genuinely believed you had the right to the property.
- Falsely Accused – You were falsely accused of committing the crime
- Mistaken Identity – You were mistakenly identified as the perpetrator of the crime
- Entrapment – Law enforcement coerced you into committing a crime you would have otherwise not committed.
No two cases are the same. After a thorough investigation and analysis of the circumstances of your white-collar crime case, Scott D. Henry and his team of attorneys in Anaheim could determine the most appropriate and effective defense to aggressively pursue.
Contact a Leading Anaheim White-Collar Crime Attorney Today
If you face white-collar crime charges, you are likely feeling overwhelmed and frightened. You may not know what to expect and how this situation will affect your future. Our legal team at the Law Office of Scott D. Henry understands what you and your family are experiencing and are dedicated to helping you through this challenging time. Our skilled attorneys have over 40 years of combined experience defending those facing fraud charges with unprecedented results.
If you have been charged with a financial crime, it is crucial to obtain a leading Anaheim white-collar crime lawyer. Scott D. Henry and his experienced team have the knowledge, experience, and resources necessary to effectively advocate for your rights, freedom, and future. Contact our office today for a free consultation. We could thoroughly discuss your case’s specifics, advise you of your legal options and rights, and determine what steps to pursue for the best possible outcome.