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What Exactly is a White Collar Crime in Arizona?

Some criminal acts are obvious and blatant, but other types of crime also exist as well. This is especially true in any business or agency that allows certain individuals access to financial information. Of course, among those who have access to monetary accounts, there are often also those who have the power to transfer or control those funds. When irregularities occur in any financial agency or department, white collar crime could well be the result. And, regardless of the agency structure and whether the problem is in the private or public sector, white collar crimes occur more often than people realize when unexplained deficits are found by individuals.

Who are the Suspects?

Many times those who are the initial targets of any white collar criminal investigation will be those overseeing the financial transactions of the particular entity. This is not always necessarily one person either, as many times subordinate employees are actually assisting the actual deceptive actor who can authorize the illegal activity. While underlying employees can also commit white collar crimes because of immediate access to funds, these particular workers can also be instrumental when the government is attempting to investigate the activity.

Actually, many times the subordinate workers are the individuals reporting the problem to authorities in hopes of establishing a legal claim against the employer. The truth is that white collar crime comes in a wide variety of social interactions that always include deception in some fashion, so the range of suspects is not always limited to a workplace.

Common White Collar Crime Offenses

The most common white collar crimes are simple offenses and only impact a few individuals. The more serious white collar criminal issues will be those that involve large amounts of money and result in a large number of fraud victims. But in reference to most cases, any time deception is used to conceal information or make false claims, white collar crime is clearly happening because it always involves money on some level.

The types of criminal charges that are considered a white collar crime include:

  • Bankruptcy Fraud
  • Credit Card Fraud
  • Identity Theft
  • Bribery
  • Counterfeiting
  • Forgery
  • Insurance Fraud
  • Securities Fraud
  • Tax Evasion

Preparing for Investigation Results

Many of those under investigation have no idea the legal authorities or their supervisors are cognizant of the potentially illegal activity. However, others who are in positions of leadership are often well aware of the fact they are being investigated before the findings are released. Whenever one is the target of an ongoing investigation, it is imperative to consult with an experienced and aggressive criminal defense attorney as soon as possible who practices in this particular legal area. The strategy of your defense lawyer should begin well in advance of a potential indictment. The truth is that most cases of a significant level will be fully investigated and presented to a grand jury before an arrest is made following an indictment.

Waiting on the Indictment

A criminal defense lawyer cannot interfere with an official investigation, but they can get a solid idea of what may transpire when the type of documentation being requested can be communicated beforehand. Documentation is crucial in a white collar crime prosecution, and official personal statements can matter greatly when they are being taken under oath.

Establishing a Defensive Strategy

Case dismissals are rare when an individual has been charged with a white collar crime unless the defending legal counsel can cast a shadow of reasonable doubt on the prosecution claim. The prosecutor is charged with the responsibility to prove guilt beyond a reasonable doubt, which means the defendant can often rely on one piece of evidence to cast that shadow. Prosecutors will regularly provide a parade of witnesses when a case goes to trial in an attempt to hammer home their hypothesis, all of which are subject to case examination from the defense counsel.

Going to Trial

Taking a case to trial is often the only option when claims are weak or unfounded, and surprise witnesses may appear. However, the evidence in the trial is presented in documentation during the discovery process when the prosecutor lays out the government’s charge. This documentation can present a good working knowledge of who may be in that testimonial pool when the government is attempting to support physical documentation with witnesses. One aspect of a white collar crime that often presents itself is that a witness may well be the real culprit when they are attempting to deflect blame for a white collar crime onto another employee, or even worse, a subordinate worker. This is a common component of a serious white collar criminal investigation.

White collar criminal charges are potentially life-changing events because those who hold authorized positions regarding finances are always concerned with personal reputation. Even the charge can be damaging because public knowledge can easily become a reality if the charge is reported. This is especially true when being falsely accused and needing to maintain employment in that field after an investigation.

Retaining a defense attorney is much more than attempting to avoid jail or a financial fine and unwarranted restitution repayment. It is an investment in your future as well as an undertaking to clear your name. Always get a lawyer, and get a good one with white collar criminal defense experience.

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