Prosecutors take white-collar crimes seriously. They vigorously investigate and prosecute them, particularly when they involve many victims or large sums of money. However, even a single embezzlement of a small amount can constitute a crime.
Worse yet, conviction for these crimes can carry penalties that rival those of violent crimes. For example, under Missouri law, trafficking in stolen identities is a class B felony that could land you in prison for five to 15 years. Bear in mind most white-collar crimes are charged by federal prosecutors under U.S. laws and the consequences are more severe.
The Bates and Merryman Law Firm LLC has decades of experience defending people accused of white-collar crimes in Federal and State courts. Our attorneys have represented thousands of clients over their careers. They are also seasoned litigators with hundreds of hours spent at the Jackson County Courthouse and the Charles Evans Whittaker U.S. Courthouse.
Contact us to learn how we will use our experience and knowledge of white-collar law to defend you.
There is no universally accepted definition of white-collar crimes. However, they share a few characteristics. First, they are often non-violent offenses involving conspiracies covering tax evasion and insurance fraud to wire fraud and money laundering.
Second, they always involve a financial fraud. Prosecutors often allege that the perpetrator used money to gain some illegal benefit or advantage.
Finally, white-collar crimes often require the alleged perpetrator to conceal the source of their money, which also constitutes a crime. Law enforcement often use obvious white-collar crimes, like tax evasion and money laundering, to justify digging further into your affairs to uncover other crimes.
Some examples of cases we handle in Kansas City include the following.
Wire and mail fraud are often prosecuted at the federal level. To prove these charges, the U.S. government must show that a person or business mailed, called, or emailed potential victims to acquire money or property by deceit or trickery.
If an investment does not turn a profit, investors might start accusing the promoter of fraud. Prosecutors might pick up on these accusations and prosecute the person who solicited the investment.
However, the prosecutors must prove fraudulent intent. A fraud defendant has a strong defense if the promoter sincerely believed in the investment and did not mislead investors about the prospects of turning a profit. In other words, poor judgment or bad luck does not turn a legitimate business practice into fraud.
A defense lawyer from The Bates and Merryman Law Firm LLC can argue that only an intent to defraud makes a wire or mail solicitation fraudulent.
Money laundering is a financial technique to conceal the origin of money. Criminal enterprises use money laundering to prevent anyone from questioning how they earn their money.
For example, someone may mix ill-gotten gains with the revenue of a legitimate business. The person even pays income tax on the illegal income to avoid committing a tax crime.
Money laundering cases often require the government to unravel hundreds or even thousands of financial transactions to prove what happened. The complexity of money laundering cases can work in the defendant’s favor.
Forensic accounting experts can analyze the transactions and explain how they were all legitimate using money from identifiable income sources. If you were a low-level employee who simply did what a boss told you, a federal lawyer from our firm could argue you did not intend to launder money.
Finally, we may have the evidence to argue that you were simply a poor record keeper instead of a money launderer.
Everyone must pay taxes. In some cases, prosecutors bring criminal tax charges because they cannot prosecute the defendant for any other crimes. This was the strategy used to imprison Al Capone.
In other cases, the intentional failure to pay taxes is the primary crime. Everyone from ordinary people to celebrities and tax protesters has faced prosecution and imprisonment for deliberate tax evasion.
A federal attorney from The Bates and Merryman Law Firm LLC can help you stand up to the IRS when it puts together a tax evasion prosecution. We also handle prosecutions by the state when it believes you have evaded Missouri taxes.
Embezzlement typically happens when someone abuses a position of trust to steal, such as:
Missouri does not have an embezzlement statute. Instead, the state has a law against stealing and includes “deceit” as one of the ways stealing can occur. Thus, the state’s laws treat embezzlement as theft by lying or misleading the alleged victim.
Embezzlement is often proven using financial records. Typical defenses include challenging the records or even arguing that the true embezzler framed you. As your lawyer, we can argue that the money or property never went missing and was simply lost by shoddy record keeping practices.
The definition of white-collar crimes expands as technology advances. Crimes like computer hacking, online identity theft, and cryptocurrency theft did not exist a few decades ago. Federal agencies in and near the Western District of Missouri have made white-collar crimes involving computers an area of focus.
Other examples of white-collar crimes that can land you in jail for many years include:
All of these white-collar crimes have similar elements. The defenses our Kansas City white-collar criminal lawyers can raise often involve similar concepts like lack of intent, poor record keeping, and cherry-picking of transactions by prosecutors.
You should consider hiring a lawyer when you discover that you are the target of government investigations. Retaining a lawyer is often the best option after this, as a qualified white-collar defense lawyer can often speak to prosecutors before an arrest to persuade them that you have broken no criminal laws.
If prosecutors insist on arresting you, we can work on securing your pretrial release, so you can continue to provide for your family and assist us in preparing your defense.
When you contact us, we will discuss several options for defending you from white-collar criminal charges. If you choose to hire The Bates and Merryman Law Firm LLC, we will immediately begin putting together your defense. Specifically, we will provide the following criminal defense legal services:
Whether law enforcement officers are currently investigating you or have already obtained an arrest warrant, we can guide you through your legal difficulties.
A conviction in federal court can result in incarceration, fines, and a criminal record that could disqualify you from federal employment and government benefits. Contact The Bates and Merryman Law Firm LLC to discuss your federal charges and options for fighting them.
If you have been arrested or believe you may be the target of a criminal investigation, contact the criminal defense attorneys at The Bates & Merryman Law Firm today.
© Copyright 2024 THE BATES & MERRYMAN LAW FIRM LLC. All rights reserved.
