White Collar Crimes
People accused of white collar crimes like embezzlement, fraud, and money laundering tend to be professionals such as fund managers, executives, and corporate officers. The term “white collar crime” was originally coined to describe crimes committed by people who otherwise enjoyed a certain level of respectability and social status due to their occupation. Despite the public perception of white collar crime as being less dangerous than other types of criminal activity, there may be serious repercussions for people who are convicted of a white collar crime, including incarceration, fines, and the stigma of being a convicted felon. This makes it important to retain a knowledgeable criminal defense attorney from the start of the process. San Bernardino and Riverside County white collar crime lawyer Gregory H. Comings can help you work toward a favorable outcome under the circumstances.Assert Your Rights Against Prosecution for White Collar Crimes
Under current state and federal laws, white collar crimes primarily consist of illegal acts involving deceit, concealment, or a violation of trust. Such crimes are nonviolent and generally are committed for financial gain. As in other types of criminal cases, the government has the burden of proving guilt beyond a reasonable doubt for white collar charges. This means that the attorney for the state or the federal government must prove each of the various elements of the crime with which the defendant is charged.
For example, the crime of fraud may be broken down into several distinct components, each of which must be proven for a defendant to be found guilty. Simply put, an act of fraud occurs when a defendant makes a false representation, with knowledge of the statement’s falsity and with the intent to deceive an innocent party, and the other party reasonably relies upon the false statement and, as a consequence, suffers an actual loss. Fraud can occur in many contexts, including an insurance claim or a securities law violation under the Securities Exchange Act of 1934.
Another example of a white collar crime is the crime of embezzlement. This crime is a theft offense that occurs when a person who has been entrusted with another party's property takes or misuses the property, such as an accountant for a business who uses his access to his employer's accounts to steal money for his personal use. As with most other white collar crimes, determining whether a defendant is guilty of embezzlement often requires highly technical evidence. A white collar crime attorney in Riverside County or San Bernardino may be able to demonstrate substantial weaknesses in the government’s case through the use of expert witnesses.
A defendant in a white collar crime case is entitled to the same state and federal constitutional protections as are people accused of other crimes, such as drug charges or violent offenses. These include the freedom from illegal searches and seizures, the right to avoid self-incrimination, and the right to due process of law. In certain situations, the defendant may also have an affirmative defense, such as entrapment, but it is important to note that the burden of proof may shift to the defendant to prove that they are entitled to assert an affirmative defense.Consult a White Collar Crime Lawyer in Riverside County or San Bernardino
If you are convicted of a white collar crime, you may face years in prison, thousands of dollars in fines and restitution, and other serious consequences. To speak with a San Bernardino or Riverside County white collar crime attorney about the details of your case, call Attorney Gregory H. Comings at 951-686-3457 or contact us through this website. The initial consultation is free, and our office has a Spanish translation service available if needed. We also can assist people who need a domestic violence lawyer or assistance in fighting drug charges or sex crime allegations.