White-Collar Criminal Defense Attorney for Finance-Related Charges
If you are facing charges for white-collar crimes, a criminal defense attorney at the Law Office of Valery Nechay is ready to help.
What You Need to Know About Hiring a White-Collar Criminal Defense Attorney
Although white-collar crimes don’t always have the stigma that other criminal activities do, they are no laughing matter. If you have been arrested or are facing an impending investigation for fraud or another finance-related crime, you stand the best chance against the prosecution if you have a white-collar defense attorney like Valery Nechay on your side.
White-collar, non-violent crimes are usually financially motivated from the prosecutorial theory perspective. These charges often involve allegations of wrongfully taking someone else’s money or property.
White collar criminal charges can include allegations of illegal online sports gambling, bribery, fraudulent insurance claims, false disability placards, and illegal government or bank claims. These allegations can also include serious enhancements if the alleged victims belong to a special class of victims, such as elderly persons.
Sometimes, people take advice from the wrong financial advisors. Other times, the accused are suffering from a financial hardship that drives them to take drastic and unlawful measures in order to make a monetary gain. Sometimes, people are completely innocent and are simply at the wrong place or time, or affiliated with the wrong people.
As mentioned above, white-collar convictions and even charges can result in the destruction of your personal or business reputation, as well as exposure to jail or prison time. With such serious potential consequences, it is prudent to retain the services of a knowledgeable and reputable attorney to receive the best advocacy and representation.
White-Collar Crime Lawyer Fact
Generally, individuals charged with these crimes are working professionals that don’t have significant criminal histories. These commonalities in the profile of the accused also don’t mean that they can’t get in serious trouble, including incarceration.
That doesn’t mean the allegations are not serious in nature because financial crimes can have severe effects on victims.
This is why people facing these charges should seek immediate and competent and experienced counsel to represent their lack of criminal history, familial obligations, and a lifetime of professional employment, in order to offset or mitigate potential consequences.
Anyone facing criminal charges for state or federal white collar charges should seek the Law Office of Valery Nechay so I could use your lifetime of achievements and personal strengths or proof of innocence in your favor, at the soonest time possible.
Who Investigates White-Collar?
Several government agencies conduct investigations involving white-collar offenses, including the Securities and Exchange Commission (SEC) and the Federal Bureau of Investigation (FBI). In addition, the National Association of Securities Dealers (NASD) can also be involved in the investigation, as well as different state authorities.
These offenses can result in civil investigation and sanctions but also can be turned over to federal prosecutors. That’s why it’s essential to reach out to a white-collar crime attorney who understands what a white-collar crime is and how the process works.
What Is White-Collar Crime Defense?
What type of criminal defense strategy would criminal defense lawyers handling these types of crimes use depends on many factors. The type of white-collar crime in question and the specific circumstances of the crime can have a significant bearing on the employed defense strategy.
Common defense strategy is trying to find a weakness in the prosecution case or the government investigation. The prosecution t has the burden of proving guilt beyond a reasonable doubt, which is a high threshold.
Showing that the defendant lacked the intent to commit the crime can be another possible way to create a defense strategy. In addition, if the defense can prove that others forced the defendant to commit a corporate crime, that may result in dropping all charges.
These cases can be extremely complex, and having a competent and knowledgeable white-collar defense attorney on your side can be crucial in defending from these charges.
Important Tips When Waging a White-Collar Criminal Defense
If you, a friend, or a loved one was charged with a white-collar crime, it is essential to seek an attorney immediately before making any statements or legal decisions if possible. Choosing a white-collar defense attorney with a strong team can help you successfully navigate state and federal charges and investigations.
Remember your right to remain silent when you have been arrested. Don’t talk to law enforcement officials about your alleged crime or your defense plan before contacting a lawyer. Depending on the facts, the best law offices successfully resolve white-collar cases by doing the following:
- Avoiding conviction and jail time
- Obtaining payment of restitution
- Protecting your reputation and criminal record
Dealing with the prosecution of a white-collar crime can feel intimidating and overwhelming. Hiring a knowledgeable attorney from a reputable law office can provide the confidence you need to go to court and defend yourself comfortably.
Potential Penalties and Enhancements for White-Collar Crimes
Although white-collar crimes include many non-violent crimes committed to obtain personal gain or money, the exact penalty for every crime depends on the circumstances of the crime in question. In the State of California, some white-collar crimes are considered misdemeanors, while others are felonies. That means penalties can range from up to one year in jail to a number of years in prison.
Also, a common misconception is that convicted white-collar felons serve their sentences in minimum-security facilities. That can be possible, but it’s not certain. Where someone would serve their time depends on the correctional authorities.
In addition, in California, a judge can add an additional prison sentence to up to five years in the state prison, according to the Aggravated white-collar crime enhancement law. But, certain conditions have to apply.
For example, the defendant must have two previous white-collar convictions involving fraud and embezzlement, and the alleged victim must lose more than $100,000 as a result of the alleged violations. If the alleged violations results in the loss of more than $500,000) the additional term of punishment will be from two to five years.
In addition, the judge can include fines of up to $10,000 and more in addition to prison time. Sometimes, paying restitution to alleged victims may be necessary.
What Does a White-Collar Criminal Defense Lawyer Do?
The two most common categories of white-collar crimes represented by a white-collar criminal defense lawyer are fraud and embezzlement. These cover a variety of offenses that many people wouldn’t think about.
Government Investigations Dealing with Embezzlement
Embezzlement is a crime that concerns the betrayal of monetary trust by one or more individuals over one or several transactions. Most California embezzlement cases include, but are not limited to the following:
- Accountants or fundraising/management professionals accused of misappropriating funds or stealing
- Civil litigation for insider trading
- Employees charged with stealing from the companies they work for
- Environmental crimes, such as land grabs
- Money laundering
Many of these crimes can result in federal criminal charges. Being under federal indictment or facing a federal investigation can be a frightening experience. Whether you are facing federal investigations and criminal prosecutions, a white-collar defense attorney will offer information, advice, and representation. Contact my law office right away for a consultation if you are facing such charges.
Hiring Trial Lawyers for Fraud and Other Cases
Fraud is a grave criminal offense, and a stay in federal prison should not be taken lightly. Fraud consists of a variety of criminal accusations involving financial misrepresentation or deception that causes others harm.
Each of the fraud classifications carries strict consequences, whether the charges are brought on behalf of a company or an individual person. These issues may include the following:
- California real estate fraud cases
- Commercial litigation
- Counterfeiting cases
- Financial services
- Regulatory business compliance
- Securities fraud
- Tax evasion
- Wire fraud
Hiring a legal firm to deal with law enforcement officers, federal prosecutors, the justice department, or a U.S. grand jury to defend yourself against a complicated and inaccurate claim is necessary to avoid asset forfeiture, hefty fines, and jail time.
Bear in mind that there are different issues in white-collar crimes that only highly experienced defense lawyers will be able to resolve, from challenging the adequacy of grand jury investigations to handling procedural maneuvers in federal court. Make sure you hire one as soon as possible, so they would have enough time to build the strongest possible defense.
Litigating Healthcare Fraud with the Best Lawyers
When you are dealing with criminal investigations with the department of justice, you should contact a reputable attorney’s office. Healthcare fraud often includes double billing or insurance discrepancies.
Remember that the False Claims Act (FCA) imposes criminal penalties for those who on purpose submit fraudulent or false claims for payment to federal government programs, including Medicaid and Medicare.
Your local criminal defense attorneys will provide additional information about the applicable federal crimes and what to do in order to avoid implicating yourself. Oftentimes, extra statements made by the accused are harmful to their case even if they are honest and well-intentioned; this is why competent legal counsel is critical.
White-Collar Defense Attorney for Violations of the Foreign Corrupt Practices Act
According to the United States Department of Justice, the goal of the Foreign Corrupt Practices Act of 1977 (FCPA) was to make it unlawful to make payments to foreign government officials for assistance in obtaining or retaining business.
Although this piece of federal legislation may seem straightforward on the subject that corruption and bribery are severe offenses that should be avoided, there may be some confusion regarding what constitutes these crimes precisely, as well as what businesses or individuals should do to be in compliance with the Foreign Corrupt Practices Act (FCPA).
The FCPA forbids, among other actions, payments, promises of payments, and doing anything of value to anyone knowing that a certain amount of that money will be given or promised to foreign officials to do or not do something that would violate their lawful duty and secure someone an improper advantage in obtaining business.
The FCPA also applies to money laundering. Third-party payments with the knowledge that some amount of that payment will be forwarded to a foreign government official as a bribe are also forbidden.
For a transaction to be considered a violation of the FCPA, several conditions have to be met. However, government agencies are vigorously enforcing the act. Penalties for this violation can result in criminal and civil penalties enforced by the Department of Justice (DOJ) along with the Securities and Exchange Commission (SEC).
While civil penalties can include a fine of up to $10,000 along with additional fines, criminal penalties can include prison time of up to five years in addition to fines of up to $100,000 for individuals or up to $2 million for corporations.
When you are dealing with federal and state charges, it is in your best interest to consult a white-collar defense attorney. A skilled white-collar criminal defense lawyer will help you realize your legal rights, determine your potential defenses, and work expeditiously to develop a fast and favorable resolution.
Attorney Valery Nechay is knowledgeable and capable of handling a wide range of white-collar criminal cases.
White-Collar Crime Defense After Internal Investigations
The best law firms practicing white-collar criminal defense will help you understand your legal rights, explain your potential defenses, and work meticulously to develop a strategy to reach a favorable resolution. It is often the only way to avoid or minimize the devastating consequences of a federal criminal conviction.
Hire the Right White-Collar Criminal Defense Law Practice
Clients who are accused of public corruption or are charged after an internal corporate investigation require the right attorney to prepare a strong defense on their behalf. If you’re facing charges, it is in your best interest to contact a reputable law firm to get a free consultation about your criminal charges. Call The Law Office of Valery Nechay today to get more information about business crimes and the best defenses.
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If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.