What are white collar crimes?
The term white collar crimes is a generic term that is used to describe a wide range of crimes that are often committed using a pen or a computer instead of items such as drugs and guns. These crimes are usually contrasted with one another using the offense that depend on the application of force, physical violence, or threat of violence.
Usually white collar criminals are accused of violations of trust, concealment and deceit.
Types of white collar crimes in New Jersey:
- Money Laundering
- Medicaid Fraud
- Searching Fraud
- Construction Fraud
- Computer Fraud
- Bankruptcy Fraud
- Racketeering (RICO) Racketeering/Illegally Conducting an Enterprise
- Medicare Fraud
- Health Care Fraud
- Bank, Mail and Wire Fraud
- Credit Card Fraud
- Check Fraud
What if I am arrested for a white collar crime?
If you are arrested for a white collar crime, depending on the type of your crime and the seriousness of the offense, you will be presented in the appropriate court and charged with a white collar crime. At this stage, it is important that you contact a leading white collar crime defense lawyer. There are certain procedures that the police will follow, tell you about your Miranda rights (right to silence and to have an attorney etc.) at the time when you are arrested. In custody, unless you have been told of your rights, the police cannot ask you to give statements.
What are the penalties?
People who are charged with white collar crimes are subject to a number of harsh penalties and prison sentences. These penalties and sentences can range from anywhere between years in prison to simple probations. Depending on the type of white collar crime, you can be subject to high fines. People who are convicted under federal laws will be sentenced to terms in the federal prison, which is commonly followed by a period of federal probation.
State vs. Federal white collar crimes
A number of white collar crimes mentioned in the list are created and defined by the New Jersey Law and will have no real federal law alternative. Such cases are heard in the Superior Court of New Jersey. Similarly, some criminal offences are only laid down by the congress, even if those cases happened in the state of New Jersey they will be tried in the New Jersey Federal Court.
Where a course of action or act violates federal white collar crime laws and state white collar crime laws, the prosecution can proceed against the offender in both courts and it does not become a part of the double jeopardy rule.
What government agencies investigate white collar crimes?
There are a number of government authorities that can investigate white collar crimes. These include:
- The FBI
- The Secret Service
- US Customs
- Securities Exchange Commission
- Environmental Protection Agency
- Internal Revenue Service
How will I know if I am under investigation for a white collar crime?
If you are under investigation for a white collar crime, federal agents will pay you a visit. You can also know about it after the issuance of a subpoena, a search warrant, or a target letter being brought to your home in your name.
What is a target letter?
A target letter is the beginning of an indictment in a case of federal law offense. These documents are not pieces of evidence; instead, they act primarily as allegations of criminal conduct.
What should I do if I am contacted by investigators?
If you are contacted by an investigator, you need to cooperate with them fully. Unless you do so, they can take you into custody and take out search warrants to search your house. You should immediately contact a New Jersey white collar attorney to help defend your rights.
Why should I hire an experienced white collar crime attorney in New Jersey?
White collar crimes not only tarnish your reputation but they damage your economic and financial credentials. You need an experienced white collar crime attorney in New Jersey to make sure your case is well researched and fought aggressively to win.
Call to speak with one of our New Jersey white collar crime lawyers at Castronovo & McKinney for a free consultation or a second opinion regarding your white collar crime charges. We can be reached at 973-920-7888 or by filling out our confidential case evaluation form.