White collar crimes are vigorously pursued by state and federal prosecutors. At times, state and federal law enforcement agencies will coordinate their efforts on white collar criminal cases. Because the government has unlimited resources at its disposal, anyone accused of a white collar crime must have aggressive legal representation.
Herman Law, P.A. has significant experience defending clients against white collar crimes in the state of Florida. Well-versed in the applicable state and federal criminal statutes, we are highly regarded for designing innovative criminal defense strategies. If you have been charged with a white collar crime, we will leverage our skills and resources to protect your rights and your freedom.
What is white collar crime?
White collar crimes are nonviolent, financially motivated offenses that share common elements of deceit, concealment, and violation of trust. We routinely defend individuals, businesses and public employees against a wide range of white collar crimes, including:
- Bank/securities fraud
- Credit card fraud
- Health care fraud (Medicare/Medicaid fraud)
- Identity theft
- Insurance Fraud
- Money laundering
- Mortgage fraud/real estate fraud
- Piracy/Intellectual Property Theft
- Public Corruption
- Prescription Drug Fraud/Pill Mills
Federal and state prosecutors have a number of weapons in their arsenal and often bring charges for white collar crimes under the Racketeer Influenced and Corrupt Organizations Act (RICO). In addition, the Patriot Act is routinely applied to technology driven white collar crimes such as computer, internet and cyber crimes. White collar crimes are also vigorously prosecuted under state law, particularly the Florida RICO Act. In any event, a conviction for a state or federal white collar offense carries severe penalties including imprisonment, fines, asset forfeiture, restitution, and more.
Common Defenses Against White Collar Crimes
Although government prosecutors — armed with vast financial resources and teams of high-powered attorneys — have an unfair advantage over the accused, we have the legal knowledge, courtroom skills and experience to level the playing field and fight back. We know how to raise defenses against white collar crimes, starting with challenging or discrediting the government’s case.
Because investigations into white collar crimes typically produce an extensive amount of evidence (e.g., documents, data, bank records), we will look for errors in the government’s case or determine whether any of your rights were violated. In this regard, the government may have obtained evidence through improper surveillance tactics or without a valid search warrant. In addition, law enforcement agents may have induced, tempted, persuaded the defendant to perform a criminal act he or she would not have otherwise committed, which raises a possible defense of entrapment.
One of the strongest defenses against a white collar crime, however, is to demonstrate a lack of intent. The government must be able to prove beyond a reasonable doubt that the defendant intended to commit a crime. If prosecutors fail to do so, it is possible to win an acquittal. In a similar vein, another line of defense is to show that the defendant did not know, or was not capable of knowing, he or she was engaging in a crime. Finally, there may be evidence that the defendant was coerced into committing a white collar crime, a common defense in fraud and forgery cases.
Contact Our West Palm Beach White Collar Crimes Attorney
Herman Law, P.A. is a premier white collar criminal defense firm representing clients in West Palm Beach and beyond. As a former prosecutor, attorney Ron D. Herman is familiar with the investigative tactics and sweeping surveillance powers of law enforcement and prosecutors. Regardless of the white collar criminal charges you are facing, we will provide you with aggressive legal representation and level the playing field against the government. By collaborating with a respected network of private investigators and criminal experts, we will work strategically to build a line of defense.
While we are committed to winning an acquittal and securing your freedom, we may seek a reduction of the charges in exchange for a more lenient sentence if necessary. In some cases sanctions for white collar crimes can be reduced when defendants enter into a plea agreement or assist authorities in their investigation. If you are under investigation for a white collar crime or are facing state or federal charges, it is crucial to have a powerful defense attorney in your corner. We will act as your dedicated advocate, explore all of your options, and, above all, always put your best interests first. Contact our office today to set up a free consultation.