Federal White Collar Crimes

The federal government and its investigative agencies use every available tool to convict. Most cases are well documented and the US Attorneys are well trained and prepared.

To defend the accused in Federal court requires a combination of determination and experience with the federal court system. Paramount is familiarity with the Federal Sentencing Guidelines. Often much of the case will involve the use and negotiation of these guidelines. The guidelines are complicated and often require mandatory sentences. They eliminate much judicial discretion and attempt to impose a uniform penalty. The guidelines use factors to establish harshness or leniency.

In cases where conviction seems inevitable, your attorney will seek out mitigating factors and push for what is called downward departure within the guidelines. These provisions for reductions in the guidelines can include no prior criminal history, the degree of the accused participation in the crime and numerous other factors. Often the guidelines themselves are a fierce battleground and can spell the difference between years in prison and a less onerous penalty.

An attorney may be able to negotiate a supervised release, home detention, limit the sentence to time served or downward departure.

Overview of White Collar Crimes:

White collar crime usually involves illegal acts to obtain money, property, or services, or to secure a business or professional advantage. Much of white collar crime is covered by federal laws that govern all levels of business activity.

White collar crimes are governed by the general principles of criminal liability- each crime requires a bad act, a criminal intent, and causation. Typical defenses to white collar crime are the same ones applicable to all crimes and may include incapacity, insanity, intoxication, and duress. White collar crime cases often invoke the defense of entrapment. Entrapment refers to situations when the government has enticed a person to commit a crime he or she otherwise would not have committed. Entrapment is usually viewed by the courts through the eyes of the individual defendant. The defense focus becomes the propensity of that defendant to commit the crime in determining whether they have been entrapped. In some cases the government's conduct is outrageous in terms of convincing a person to commit a crime.

Law Offices of Barry O. Bernstein     Major Felony & DUI Trial Specialist   800-995-2911

Robert Miller and Associates          California Criminal Defense Attorneys   877-568-2977

Law Offices of Evans Prieston  All of California (914) 841-5555 * NY (212) 599-2800

Law Offices of JOHN MITCHELL New York, NY (212) 696-9500

Law Offices of Joel Defabio  Coral Gables, Fl.  Tel. (305) 448-7200

Law Offices of Reemberto Diaz Miami, Fl.  (305) 446-0001

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