White collar crimes defense attorneys

White-collar crimes are typically financial- and fraud-related, and usually do not involve violence. Still, a conviction can result in extensive prison sentences and other penalties. If you are facing either state or federal charges, it’s critical that you retain experienced legal counsel.

Turn to the Central New York law firm of Carden Dotzler Hammond, PLLC. We can provide you with a free, no-obligation case consultation to explore your rights and options and explain our unique approach to representing defendants.

Federal and State Representation

Defendants should understand that they may face both federal and state prosecution for the same underlying conduct. Federal and state investigators often cooperate with one another. If you are under investigation for a state offense, reach out to our federal criminal defense lawyer.

Federal prosecution is possible when alleged criminal activity crosses state lines or implicates federal interests. Prosecutors in Central New York, in particular, are often concerned about financial and securities crimes, tax fraud, public corruption, and related offenses.

The label “white-collar crime” does not itself warrant federal involvement. But if the activity in question involves the use of email, phone, mail, wire transfers, and other interstate communications or transactions, or involves financial institutions, federal investigators may get involved.

Even if the federal government does not prosecute, you will still need to deal with state criminal charges. New York State has its own collection of white-collar offenses. It’s possible for an ongoing investigation to lead to additional state or even federal charges.

Between the New York and federal governments, there are differences in applicable statutes, investigative agencies, procedures, potential sentencing, available defenses, and more. You need a Syracuse criminal defense law firm adept at handling both state and federal charges.

Understanding New York and Federal Fraud Charges

Fraud can include various schemes such as obtaining property through false pretenses, intent to defraud, and falsifying business records. There is not a single fraud statute in New York, but state fraud charges frequently involve:

  • Insurance fraud: Filing a false claim (e.g., for property damage), lying to obtain insurance coverage, and similar actions can land a policyholder in legal trouble. Any sort of fraudulent act to receive undeserved insurance funds could lead to charges.
  • Mortgage fraud: Individuals who submit false applications for a mortgage, for instance by including false information, could fraudulently obtain a mortgage. Borrowers, loan officers, real estate agents, and appraisers can all be implicated.
  • Securities and business fraud: Luring investors by communicating false and materially misleading information about an investment is a form of securities fraud. Securities fraud can and commonly does lead to federal charges. Business fraud can include altering business records, for instance by adding, deleting, or editing information in documents.

As with New York charges, federal charges are not confined to a single statute. Charges usually involve:

  • Mail fraud: This includes devising a scheme to defraud, intending to defraud, and then using the U.S. mail system to execute the fraud.
  • Wire fraud: Wire fraud is similar in that it involves a scheme to defraud, intent to defraud, and the use of interstate or foreign wire communications (e.g. email) to carry out the scheme.
  • Bank fraud: Schemes to defraud banks and other financial institutions often invite federal attention. These include the use of false or fraudulent representations, promises, and pretenses to obtain bank money, funds, credit, assets, and securities.
  • Health care fraud: Health care fraud means knowingly targeting and willfully executing or attempting to execute a scheme to defraud a health care benefit program or obtain money or property belonging to the program.

What To Know About Embezzlement

Embezzlement is the unlawful taking of money or property that someone was lawfully entrusted with or had lawful possession of. New York and federal prosecutors could bring embezzlement charges, depending on the nature of the crime.

New York generally criminalizes embezzlement under its larceny statute, which prohibits the wrongful taking, withholding, or obtaining of another person’s money or property with the necessary intent. The value of the property and other circumstances determine the degree.

Federal embezzlement charges are also possible if the property or funds are connected to a federally protected interest. Various statutes punish embezzlement of government property or money, bank and financial assets, and of organizations or entities that receive government benefits.

Charges for Ponzi Schemes and Pyramid Schemes

These two are related offenses that involve luring investors with promises of enormous and unrealistic investment returns. The first investors receive profits as new investors are recruited. The scheme falls apart when investors try to cash in or new investors cannot be found.

A pyramid scheme is a fraudulent business model in which the participants earn money by recruiting even more participants, instead of actually selling a good or service. In a Ponzi scheme, investors believe they are receiving real profits based on the earnings of the company they invested in.

Both of these can trigger both federal and New York charges. Federal charges are usually prosecuted under mail fraud, wire fraud, securities fraud, and conspiracy statutes. New York has fraud statutes to punish Ponzi schemes and pyramid schemes.

Money Laundering State and Federal Charges

Money laundering is essentially the process of using financial transactions to conceal or disguise the source of money that is obtained through criminal enterprises. The purpose is to make the money appear to be legitimate rather than the result of, for instance, drug activity.

There are four degrees of money laundering under New York law. Large amounts of money and increasingly serious underlying conduct generally translate into higher degrees, which in turn lead to harsher penalties.

The two major federal money laundering statutes involve laundering of monetary instruments and monetary transactions in criminally derived property. These prohibit certain transactions intended to either promote or conceal criminal activity by hiding the source of criminal proceeds.

Tax Evasion Under New York and Federal Law

Both New York and the federal government prosecute various tax schemes designed to deprive the respective jurisdictions’ taxing authorities. These commonly involve such actions as:

  • Not reporting income or profits
  • Exaggerating personal or business expenses
  • Fraudulently claiming tax credits
  • A business not paying the full amount of sales tax it collects to the government
  • Being paid “under the table” to avoid paying taxes

Since most individuals and businesses must pay both federal and state taxes, this is a classic example of how tax fraud, evasion, and other activities can result in both New York and federal prosecutors pursuing charges.

What Are the Penalties of White-Collar Crimes?

The penalties that you face depend heavily on such factors as which statute you are prosecuted under (including New York versus federal), the degree of the offense if applicable, the amount of money involved, your criminal history, the public interest, and other factors.

In general, if you are convicted of a state or federal white-collar crime in Central New York, you could face:

  • Significant monetary fines
  • Prison or jail time
  • Asset seizure and forfeiture
  • An order to pay restitution to the victims
  • Probation
  • Supervised release

These may be just the beginning of your personal and legal problems. You could lose your professional license or security clearance, have trouble obtaining housing or employment, and face serious reputational loss. These consequences may last well into the future.

Possible Defenses in Your Syracuse White-Collar Crime Case

Similar to the penalties you may face, the available defenses are fact-specific. It’s important that you consult a Central New York white-collar defense lawyer early to explore your options and develop the strongest possible case. Your defense may include:

  • Lack of intent: Many white-collar crime statutes require intent, such as intent to defraud. If prosecutors cannot establish this intent, their case may collapse.
  • Lack of knowledge: Likewise, knowledge is an element in many white-collar crime statutes. If there is no evidence the defendant knew of the unlawful conduct or particular facts, prosecutors might not be able to secure a conviction.
  • Lack of participation: State and federal investigations are often wide-sweeping, so innocent individuals and businesses sometimes get caught up in them. Evidence that the defendant did not participate in the crime could be a defense.
  • Mistaken or inaccurate information: This defense is particularly relevant to financial crimes involving allegedly falsified records. The defendant may have made a legitimate mistake or tried to honestly correct an error.
  • Insufficient evidence: For both state and federal crimes, the prosecution has the burden of proving each element of the offense beyond a reasonable doubt. Inconsistent, unreliable, incomplete, inadmissible, or suppressed evidence could damage their case.
  • Unlawful search or seizure: Investigators must observe certain statutory and constitutional norms and requirements when searching for and seizing evidence. Violating these may lead to a successful motion to suppress.

Contact Our Syracuse White-Collar Crime Lawyer

Although the potential consequences of a white-collar crime can be serious, an arrest or charge is not the same as a conviction. You have the right to make a defense, and we want to help. Contact CDH Law now to schedule a free, no-obligation case consultation.

Frequently Asked Questions About Syracuse White-Collar Crimes

What are the stages of a state or federal white-collar crime investigation?

Most fraud and other white-collar crime investigations start because law enforcement officers or prosecutors receive information about a suspected crime. This information may come from a victim, business, agency, bank, or someone else.

Investigators may use formal and informal means to begin reviewing evidence to see if a crime has occurred. They may talk to witnesses, subpoena records, execute search warrants, and more. If there’s sufficient evidence, prosecutors may present it to a grand jury or file criminal charges.

From there, the defendant could be arrested or ordered to appear in court. The investigation changes to a prosecution, although evidence can still be gathered. These are not mandatory, rigid steps but they describe much of the investigation process.

When should I contact a defense attorney?

You should reach out to a Syracuse criminal defense attorney as soon as you learn that you are being investigated. You may receive formal contact, such as a subpoena, or informal contact like a request to speak with an investigator. Either way, talk to a lawyer right away.

It is not a good idea to speak with law enforcement officers, investigators, or prosecutors without legal representation present. If you have already been arrested or formally charged with a crime, you need a lawyer if you do not already have one.

Is a plea bargain possible?

Yes, a plea bargain is possible for both New York and federal white collar criminal charges. You may be able to seek dismissed or reduced charges, more lenient sentencing, or other positive outcomes. However, you should let an experienced Central New York criminal defense lawyer assist you with negotiations.

White collar crimes defense attorneys
White Collar Crime

White-collar crimes are typically financial- and fraud-related, and usually do not involve violence. Still, a conviction can result in extensive prison sentences and other penalties. If you are facing either state or federal charges, it’s critical that you retain experienced legal counsel.

Turn to the Central New York law firm of Carden Dotzler Hammond, PLLC. We can provide you with a free, no-obligation case consultation to explore your rights and options and explain our unique approach to representing defendants.

Federal and State Representation

Defendants should understand that they may face both federal and state prosecution for the same underlying conduct. Federal and state investigators often cooperate with one another. If you are under investigation for a state offense, reach out to our federal criminal defense lawyer.

Federal prosecution is possible when alleged criminal activity crosses state lines or implicates federal interests. Prosecutors in Central New York, in particular, are often concerned about financial and securities crimes, tax fraud, public corruption, and related offenses.

The label “white-collar crime” does not itself warrant federal involvement. But if the activity in question involves the use of email, phone, mail, wire transfers, and other interstate communications or transactions, or involves financial institutions, federal investigators may get involved.

Even if the federal government does not prosecute, you will still need to deal with state criminal charges. New York State has its own collection of white-collar offenses. It’s possible for an ongoing investigation to lead to additional state or even federal charges.

Between the New York and federal governments, there are differences in applicable statutes, investigative agencies, procedures, potential sentencing, available defenses, and more. You need a Syracuse criminal defense law firm adept at handling both state and federal charges.

Understanding New York and Federal Fraud Charges

Fraud can include various schemes such as obtaining property through false pretenses, intent to defraud, and falsifying business records. There is not a single fraud statute in New York, but state fraud charges frequently involve:

  • Insurance fraud: Filing a false claim (e.g., for property damage), lying to obtain insurance coverage, and similar actions can land a policyholder in legal trouble. Any sort of fraudulent act to receive undeserved insurance funds could lead to charges.
  • Mortgage fraud: Individuals who submit false applications for a mortgage, for instance by including false information, could fraudulently obtain a mortgage. Borrowers, loan officers, real estate agents, and appraisers can all be implicated.
  • Securities and business fraud: Luring investors by communicating false and materially misleading information about an investment is a form of securities fraud. Securities fraud can and commonly does lead to federal charges. Business fraud can include altering business records, for instance by adding, deleting, or editing information in documents.

As with New York charges, federal charges are not confined to a single statute. Charges usually involve:

  • Mail fraud: This includes devising a scheme to defraud, intending to defraud, and then using the U.S. mail system to execute the fraud.
  • Wire fraud: Wire fraud is similar in that it involves a scheme to defraud, intent to defraud, and the use of interstate or foreign wire communications (e.g. email) to carry out the scheme.
  • Bank fraud: Schemes to defraud banks and other financial institutions often invite federal attention. These include the use of false or fraudulent representations, promises, and pretenses to obtain bank money, funds, credit, assets, and securities.
  • Health care fraud: Health care fraud means knowingly targeting and willfully executing or attempting to execute a scheme to defraud a health care benefit program or obtain money or property belonging to the program.

What To Know About Embezzlement

Embezzlement is the unlawful taking of money or property that someone was lawfully entrusted with or had lawful possession of. New York and federal prosecutors could bring embezzlement charges, depending on the nature of the crime.

New York generally criminalizes embezzlement under its larceny statute, which prohibits the wrongful taking, withholding, or obtaining of another person’s money or property with the necessary intent. The value of the property and other circumstances determine the degree.

Federal embezzlement charges are also possible if the property or funds are connected to a federally protected interest. Various statutes punish embezzlement of government property or money, bank and financial assets, and of organizations or entities that receive government benefits.

Charges for Ponzi Schemes and Pyramid Schemes

These two are related offenses that involve luring investors with promises of enormous and unrealistic investment returns. The first investors receive profits as new investors are recruited. The scheme falls apart when investors try to cash in or new investors cannot be found.

A pyramid scheme is a fraudulent business model in which the participants earn money by recruiting even more participants, instead of actually selling a good or service. In a Ponzi scheme, investors believe they are receiving real profits based on the earnings of the company they invested in.

Both of these can trigger both federal and New York charges. Federal charges are usually prosecuted under mail fraud, wire fraud, securities fraud, and conspiracy statutes. New York has fraud statutes to punish Ponzi schemes and pyramid schemes.

Money Laundering State and Federal Charges

Money laundering is essentially the process of using financial transactions to conceal or disguise the source of money that is obtained through criminal enterprises. The purpose is to make the money appear to be legitimate rather than the result of, for instance, drug activity.

There are four degrees of money laundering under New York law. Large amounts of money and increasingly serious underlying conduct generally translate into higher degrees, which in turn lead to harsher penalties.

The two major federal money laundering statutes involve laundering of monetary instruments and monetary transactions in criminally derived property. These prohibit certain transactions intended to either promote or conceal criminal activity by hiding the source of criminal proceeds.

Tax Evasion Under New York and Federal Law

Both New York and the federal government prosecute various tax schemes designed to deprive the respective jurisdictions’ taxing authorities. These commonly involve such actions as:

  • Not reporting income or profits
  • Exaggerating personal or business expenses
  • Fraudulently claiming tax credits
  • A business not paying the full amount of sales tax it collects to the government
  • Being paid “under the table” to avoid paying taxes

Since most individuals and businesses must pay both federal and state taxes, this is a classic example of how tax fraud, evasion, and other activities can result in both New York and federal prosecutors pursuing charges.

What Are the Penalties of White-Collar Crimes?

The penalties that you face depend heavily on such factors as which statute you are prosecuted under (including New York versus federal), the degree of the offense if applicable, the amount of money involved, your criminal history, the public interest, and other factors.

In general, if you are convicted of a state or federal white-collar crime in Central New York, you could face:

  • Significant monetary fines
  • Prison or jail time
  • Asset seizure and forfeiture
  • An order to pay restitution to the victims
  • Probation
  • Supervised release

These may be just the beginning of your personal and legal problems. You could lose your professional license or security clearance, have trouble obtaining housing or employment, and face serious reputational loss. These consequences may last well into the future.

Possible Defenses in Your Syracuse White-Collar Crime Case

Similar to the penalties you may face, the available defenses are fact-specific. It’s important that you consult a Central New York white-collar defense lawyer early to explore your options and develop the strongest possible case. Your defense may include:

  • Lack of intent: Many white-collar crime statutes require intent, such as intent to defraud. If prosecutors cannot establish this intent, their case may collapse.
  • Lack of knowledge: Likewise, knowledge is an element in many white-collar crime statutes. If there is no evidence the defendant knew of the unlawful conduct or particular facts, prosecutors might not be able to secure a conviction.
  • Lack of participation: State and federal investigations are often wide-sweeping, so innocent individuals and businesses sometimes get caught up in them. Evidence that the defendant did not participate in the crime could be a defense.
  • Mistaken or inaccurate information: This defense is particularly relevant to financial crimes involving allegedly falsified records. The defendant may have made a legitimate mistake or tried to honestly correct an error.
  • Insufficient evidence: For both state and federal crimes, the prosecution has the burden of proving each element of the offense beyond a reasonable doubt. Inconsistent, unreliable, incomplete, inadmissible, or suppressed evidence could damage their case.
  • Unlawful search or seizure: Investigators must observe certain statutory and constitutional norms and requirements when searching for and seizing evidence. Violating these may lead to a successful motion to suppress.

Contact Our Syracuse White-Collar Crime Lawyer

Although the potential consequences of a white-collar crime can be serious, an arrest or charge is not the same as a conviction. You have the right to make a defense, and we want to help. Contact CDH Law now to schedule a free, no-obligation case consultation.

Frequently Asked Questions About Syracuse White-Collar Crimes

What are the stages of a state or federal white-collar crime investigation?

Most fraud and other white-collar crime investigations start because law enforcement officers or prosecutors receive information about a suspected crime. This information may come from a victim, business, agency, bank, or someone else.

Investigators may use formal and informal means to begin reviewing evidence to see if a crime has occurred. They may talk to witnesses, subpoena records, execute search warrants, and more. If there’s sufficient evidence, prosecutors may present it to a grand jury or file criminal charges.

From there, the defendant could be arrested or ordered to appear in court. The investigation changes to a prosecution, although evidence can still be gathered. These are not mandatory, rigid steps but they describe much of the investigation process.

When should I contact a defense attorney?

You should reach out to a Syracuse criminal defense attorney as soon as you learn that you are being investigated. You may receive formal contact, such as a subpoena, or informal contact like a request to speak with an investigator. Either way, talk to a lawyer right away.

It is not a good idea to speak with law enforcement officers, investigators, or prosecutors without legal representation present. If you have already been arrested or formally charged with a crime, you need a lawyer if you do not already have one.

Is a plea bargain possible?

Yes, a plea bargain is possible for both New York and federal white collar criminal charges. You may be able to seek dismissed or reduced charges, more lenient sentencing, or other positive outcomes. However, you should let an experienced Central New York criminal defense lawyer assist you with negotiations.