frequently asked questions
White Collar Criminal Defense FAQSWhat are white collar crimes?
Who can be accused of a white collar crime?
If convicted of a white collar crime, will I go to jail?
Who investigates a white collar crime?
The police did not read me my rights when I was arrested. Will my
case be dismissed?
Do I need an attorney to handle my case?
What are white collar crimes?
White collar crime is a term that is usually applied to crimes
associated with business that do not involve violence or bodily
injury to another person and are committed for financial gain.
Examples include: Bank Fraud, Medicare or Medicaid Fraud, Check
Fraud, Government Fraud, Perjury, Public Corruption, Kickbacks,
Obstruction of Justice, Breach of Trust, Embezzlement,
Environmental
Crimes, Accounting Fraud, Bankruptcy Fraud, Theft, Antitrust
Violations, Counterfeiting, Commercial Espionage, Bribery, Mail or
Insurance Fraud, Money Laundering, Tax Evasion and Insider Trading.
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Who can be accused of a white collar crime?
In most cases, charges are brought against individuals. However,
corporations can also be charged.
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If convicted of a white collar crime, will I go to
jail?
Jail time is one of the possible penalties for someone convicted
of a white collar crime. Other possible penalties include fines,
including the costs of prosecution, home or community confinement,
forfeitures and restitution.
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Who investigates a white collar crime?
White collar crimes are investigated on both the Federal and
State Level. At the federal level, agencies that are involved
include, but are not limited to, the Department of Homeland
Security, the Department of Health and Human Services Office of
Inspector General, U.S. Customs, the Federal Bureau of
Investigations, the Environmental
Protection Agency, the Internal Revenue Service, the Secret Service
and the Securities and Exchange Commission. Most federal agencies
have a Criminal Investigatory Division (“CID”) dedicated to the
investigation and prosecution of white collar crimes. At the state
level, states work with their own agencies to enforce the laws. In
South Carolina, the primary white collar criminal investigatory agency is the
State Law Enforcement Division (“SLED”).
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The police did not read me my rights when I was
arrested. Will my case be dismissed?
Failure to advise you of your Miranda rights does not
automatically result in dismissal of the case against you. It is
possible to get your statements thrown out in certain circumstances,
but you should discuss the facts of your case fully with a
knowledgeable and experienced criminal defense attorney at the Joe
Griffith Law Firm, LLC. Please Contact The Law Firm today to discuss your
case.
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Do I need an attorney to handle my case?
Yes. If your case is prosecuted on a federal level, the threat
of punishment may be more severe than the punishment leveled by the
state. Even with a state white collar criminal prosecution, a
conviction can result in serious jail time. You will need a criminal defense attorney who has the
knowledge and experience in white collar crime cases to prepare your case. Please contact
the Joe Griffith Law Firm, LLC today
to discuss your case.
For more information, please see our page on
White Collar Criminal
Defense.
If you have additional questions, please
Contact The Law Firm to discuss your case.
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