White-Collar Crime

White-collar crime is a category encompassing various acts of theft or other criminal conduct that violate a corporate or government officer's fiduciary duties. If a person is acting in a position of financial trust or management for a client, a business, or a government agency, and he or she does something illegal that breaks that trust (such as stealing the company's funds), that person has committed a white-collar crime. The key element is exploiting a position of trust to unjustly enrich oneself at the expense of one's employer.

White-collar criminal cases are taken extremely seriously by the government, and the penalties can be severe, including years of imprisonment and huge fines. At the same time, these cases can be hard to prosecute because of their complexity: in order to win at trial, the prosecutor has to prove the defendant's state of mind (a difficult task in itself) while getting the jury to understand complex financial information. Thus, defense lawyers in white-collar cases have a variety of ways to defend their clients against such charges.

These cases can often be negotiated with the police, federal agents, and prosecutors involved in the investigation before the client is ever arrested. This is highly desirable, as the client's entire corporate or government career may be on the line.

Marshall Law PC handles a wide range of white-collar criminal charges, including the following:

• Bribery
  Bribery is defined as "the corrupt payment or receipt of anything of value in return for official action."
• Embezzlement
  Embezzlement is defined as "the fraudulent conversion of property of another by a person in lawful possession of that property."
• Extortion
  Extortion is defined as "forcing a person to give up property through the use of violence, fear, or under pretense of authority."
• Forgery
  Forgery is defined as "the making or altering of a false writing with intent to defraud."
• Fraud
  Fraud is defined as "an intentional perversion of truth" or "false misrepresentation of a matter of fact" that induces another person "to part with some valuable thing belonging to him or to surrender a legal right."
• Larceny
  Larceny is defined as "the taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property." Larceny must involve personal property that can be possessed and carried away.
• Perjury
  Perjury is defined as "the willful and corrupt taking of a false oath in regard to a material matter in a judicial proceeding."

In addition to the above, computer fraud, telemarketing fraud, tax evasion, tax fraud, insurance fraud, and crimes committed under the jurisdiction of commodities law and securities law are considered white-collar crimes.

You should not agree to talk to officials or answer questions regarding a possible investigation into a white-collar crime until you have discussed the matter with an experienced attorney. Contact Marshall Law PC today to protect your legal rights.