White Collar Crimes
Some crimes do not involve violent acts or forceful taking of property, but instead they may involve the calculated deprivation of funds or property from a person or business. These crimes are known as white collar crimes because they are typically committed by financial professionals or people who work for the government. Although white collar crimes do not cause bodily harm, a conviction of a white collar crime can carry serious penalties. If you are charged with a white collar crime, you should engage a knowledgeable attorney to help you formulate a defense. The capable Scranton white collar crime lawyers at Lenahan & Dempsey, P.C., can assess the facts of your case and develop a strategy to help you strive for the most favorable outcome available.The Prosecution’s Burden in White Collar Crime Cases
White collar crimes often involve violations of federal laws or activities that use a federal system, such as the United States Postal Service, or that cross state lines. Thus, many white collar cases are prosecuted in the federal courts. Regardless of where a criminal case is tried, however, the prosecution bears the burden of establishing every element of the charged offense beyond a reasonable doubt. This means that it must prove that a reasonable person could come to no other conclusion than that the defendant committed the alleged acts when presented with the evidence in the case.
Most white collar crimes involve an element of intent. In other words, the prosecution must prove that the defendant intended to deprive another person of his or her funds and that the alleged acts did not result from negligence or a mistaken belief that the acts were permitted. In cases in which a white collar crime attorney in Scranton can prevent the prosecution from establishing intent, it should not be able to obtain a conviction.Examples of White Collar Crimes
One of the most common white collar crimes is fraud. There are many acts that constitute fraud, and the penalties for a fraud conviction will vary depending on the crime, but they typically include fines and jail time. Securities fraud is one of the most frequently committed white collar crimes. Securities fraud occurs when an investment professional intentionally misrepresents a material fact to a client, with the intent of misleading the client, and this ultimately causes the client to suffer financial harm.
Forgery is another common white collar crime. Under Pennsylvania law, a person commits forgery if he or she modifies someone else’s writing without authority to do so, or executes any writing so that it appears to be the writing of another person, with the intent of defrauding someone. For example, if a person signs another person’s name to a blank check, without permission, it may constitute forgery. These charges are often complex, and a defendant will benefit from the representation of a Scranton white collar crime attorney who is experienced in these cases.
Embezzlement, which is a form of theft, is a white collar crime as well. A person may be guilty of embezzlement if he or she obtains property under an agreement to dispose of the property in a certain manner, but the person instead fails to dispose of the property and intentionally uses the property as if it were his or her own. For example, if a person gives funds to an investment advisor, and the advisor deposits the funds in his or her personal account, rather than investing them, this is likely embezzlement.Speak with a Trusted Criminal Defense Attorney
When a person is convicted of committing a white collar crime, it can damage their rights, reputation, and career. At Lenahan & Dempsey, P.C., our criminal defense attorneys will fight diligently to help you pursue a successful result in a white collar crime case. Our white collar crime lawyers represent Scranton residents and other people who have been charged with forgery, fraud, embezzlement, and similar crimes throughout Lackawanna, Lycoming, Luzerne, Monroe, Columbia, and Montour Counties. We also handle many other types of criminal cases, such as DUI, hit and runs, assault, homicide, theft crimes, drug crimes, and probation violations. Our offices are located in Scranton, Tunkhannock, New Berwick, and the Poconos Mountains region. You can contact us through our form online to schedule a meeting or call us at 888.536.2426 for a discussion regarding the specifics of your case at no obligation.