White Collar Crimes Defense

What Should I Do Now?

From the moment you were detained and arrested every decision that you make can make a difference in how your case develops. Time is not on your side. The prosecutor's office is probably already working on a strategy to convict you. Call 678-880-9360 to arrange a free consultation with an expert white-collar crime defense lawyer.

What Are White Collar Crimes?

By general definition, a white collar crime is a non-violent act involving intentional deception. White collar crimes are usually committed by business professionals, employees, or public officials to cover up a crime, seek financial gain, or disrupt the legal process via obstruction.

Fraud Charges

Fraud charges can be brought forth for a wide variety of actions. Fraud charges stem essentially from an act of deception to achieve a specific result. White collar fraud cases can occur from intentional over-billing or invoicing for goods or services never provided, inaccurately providing financial data on loan applications, tax fraud, loan fraud, bank fraud, requesting insurance representation for non-existing or self-inflicted damages, and more.

Financial Crimes

White Collar financial criminal charges can stem from money laundering, embezzlement, illegal use of credit card information, improper requests for reimbursement, hiding money from tax authorities, collusion, bribery, kickbacks, investment scams, securities fraud, ponzi schemes, and more.

Business Related Crimes

Other business related crimes can originate from environmental law violations such as money laundering, illegal dumping of toxic waste, improper financial reporting, unethical sales practices, collusion, price fixing, price gouging, insider trading and more.

Many white-collar crime charges turn into RICO charges. RICO laws were enacted in 1970 to provide for extended criminal penalties, and possible civil actions for acts performed as part of an ongoing criminal enterprise.

RICO laws specifically addresses racketeering, and makes it permissible for the heads of a crime syndicate to be arrested and tried for any crimes which they commissioned to be done by others.

White Collar Crime Punishments

The type and severity of punishments varies according to the exact offense, case facts, measurable harm done. Another factor to consider is whether the charges are State or Federal. Federal crimes typically have higher fines, longer incarceration periods, and no probation. Federal charges are extremely serious and require the services of an experienced federal crimes defense lawyers.

White collar crime charges in Georgia typically have serious consequences, even when the charges do not involve violence. A conviction can lead to jail or prison time, fines, restitution, probation, and long-term damage to a person’s reputation, career, and professional licensing.

White Collar Crimes: Jail or Prison Time?

Yes. Many people think of white collar crimes as paperwork problems or business disputes, but Georgia prosecutors may treat them as serious criminal offenses. Some charges may be misdemeanors, while others may be felonies that carry years in prison.

In Georgia, a misdemeanor can generally carry up to 12 months in jail and a fine of up to $1,000. Felony white collar crimes can carry much longer prison sentences, especially when the case involves a large amount of money, multiple alleged victims, repeat conduct, or an alleged breach of trust.

Common Sentences for White Collar Crimes

The punishment for a white collar crime depends on the specific charge and the facts of the case. Common examples include:

• → Theft and fraud-related theft offenses: Georgia theft penalties often depend on the value of the property or money involved. Lower-value cases may be misdemeanors. Higher-value cases may carry felony prison ranges of 1 to 5 years, 1 to 10 years, or 2 to 20 years.
• → Theft by a fiduciary, government employee, or financial institution employee: If the alleged theft involved a breach of fiduciary duty or a breach of duty by certain employees, the case may carry 1 to 15 years in prison.
• → Forgery: Forgery charges may range from misdemeanor-level punishment to felony punishment. Depending on the degree charged, a person may face probation, jail, or several years in prison.
• → Identity fraud: A first offense may carry 1 to 10 years in prison and a fine of up to $100,000. A second or later offense may carry 3 to 15 years in prison and a fine of up to $250,000.
• → Computer crimes: Computer theft, computer trespass, computer invasion of privacy, and computer forgery may carry up to 15 years in prison, a fine of up to $50,000, or both.
• → Georgia RICO charges: Racketeering charges are especially serious. A conviction under Georgia’s RICO law may carry 5 to 20 years in prison, significant fines, or both.

These are general examples only. The exact punishment can change based on the statute charged, the value of the alleged loss, the person’s criminal history, the strength of the evidence, and the judge’s sentencing discretion.

Fines, Restitution, and Financial Penalties

White collar crime cases often involve financial penalties in addition to possible jail or prison time. A person convicted of a financial crime may face:

• → Court fines
• → Restitution to alleged victims
• → Court costs and administrative fees
• → Probation supervision fees
• → Asset forfeiture in certain cases
• → Civil lawsuits connected to the same allegations

Restitution is often one of the most important issues in a white collar crime case. A judge may order the defendant to repay money or property losses connected to the offense. Restitution may also become a condition of probation, which means missed payments can create additional legal problems.

Can a Person Receive Probation Instead of Prison?

In some white collar crime cases, probation may be possible. A court may consider probation, restitution, community service, counseling, treatment, or other sentencing alternatives, especially when the person has no prior criminal history and the alleged loss can be repaid.

However, probation is still a serious sentence. A person on probation may have to report to a probation officer, maintain employment, avoid new arrests, pay restitution, complete community service, submit financial records, and follow all court-ordered conditions. A probation violation can result in jail or prison time.

What Factors Affect the Punishment?

Several factors can influence the potential punishment for a white collar crime in Georgia, including:

• → The amount of money or property involved
• → The number of alleged victims
• → Whether the accusation involves an employer, client, bank, government agency, or vulnerable person
• → Whether the person held a position of trust
• → Whether the conduct allegedly happened once or over a period of time
• → Whether the accused has prior criminal convictions
• → Whether restitution has been paid or can be paid
• → The quality of the financial records and digital evidence
• → Whether prosecutors can prove criminal intent

Intent is often a key issue. A financial loss, accounting mistake, business disagreement, or poor recordkeeping does not automatically prove a crime. The prosecution must still prove the required legal elements beyond a reasonable doubt.

Other Consequences of a Conviction

The consequences of a white collar crime conviction can extend far beyond the courtroom. A conviction may affect employment, professional licensing, immigration status, housing applications, business ownership, financial accounts, credit opportunities, and security clearances.

For business owners, executives, accountants, healthcare workers, teachers, real estate professionals, government employees, and people who work in finance, the reputational harm can be especially damaging. Even the accusation alone can create stress, embarrassment, and uncertainty.

Defense Strategies for White Collar Crimes

A defense lawyer can play an important role in protecting a person accused of a white collar crime. An attorney may review financial records, challenge the prosecution’s evidence, investigate alternative explanations, question witness credibility, negotiate restitution, and work to reduce or dismiss the charges when possible.

In many cases, early legal representation can make a major difference. A lawyer may be able to communicate with investigators, prevent unnecessary statements, address restitution issues, and present mitigating information before prosecutors make final charging decisions.

White Collar Crime Laws in Georgia - OCGA § 16-9-121

• (a) A person commits the offense of identity fraud when he or she willfully and fraudulently:
• (1) Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person;
• (2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority;
• (3) Uses or possesses with intent to fraudulently use identifying information concerning a deceased individual;
• (4) Creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; or
• (5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
• (b) A person commits the offense of identity fraud by receipt of fraudulent identification information when he or she willingly accepts for identification purposes identifying information which he or she knows to be fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection it shall not be necessary to show a conviction of the principal thief, counterfeiter, or fraudulent user.
• (c) The offenses created by this Code section shall not merge with any other offense.
• (d) This Code section shall not apply to a person under the age of 21 who uses a fraudulent, counterfeit, or other false identification card for the purpose of obtaining entry into a business establishment or for purchasing items which he or she is not of legal age to purchase.

Get Legal Help Now

If you are being investigated for, or charged with, any type of white collar crime we recommend calling our law office as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a white collar crimes defense lawyer. To get control of your situation CALL 678-880-9360 for a confidential appointment with a white collar crimes defense attorney in Canton GA.