White Collar Crime Defense: Understanding Your Legal Options

Did you know the FBI estimates that white collar crime costs the US more than $300 billion every year? When it comes to defending against a white collar crime, understanding your legal rights and navigating the charges can be done most efficiently with an Orange County criminal defense lawyer in your corner. In this blog post, we’ll discuss your defense options, rights, and common white collar crime questions. 

What Is White Collar Crime?

White collar crime refers to non-violent offenses that usually involve financial wrongdoing or deceptive business practices. These crimes are typically committed by people in professional or corporate settings. White collar crimes can result in serious legal consequences, including fines, restitution, probation, and even imprisonment.

Does White Collar Crime Really Hurt Anyone?

While white collar crimes may not involve physical violence or overt aggression, they most definitely have severe financial, emotional, and societal impacts. Some people mistakenly believe that white collar crimes are “victimless,” but this is far from the truth. 

If you are convicted of a white collar crime, take the charge seriously. Here are some examples of punishments for common white collar crimes to help you understand the severity:

• Embezzlement: Up to 3 years in state prison
• Fraud: Up to 5 years in state prison
• Money laundering: Up to 3 years in state prison and a fine up to $250,000
• Tax evasion: Up to 1 year in county jail and a fine up to $20,000
• Insider trading: Up to 20 years in federal prison and fines of up to $5 million for individuals and $25 million for corporations
• Securities fraud: Up to 25 years in federal prison and fines of up to $5 million for individuals and $25 million for corporations
• Bribery and corruption: Up to 4 years in state prison
• Forgery: Up to 3 years in state prison
• Cybercrime: Up to 5 years in state prison and a fine of up to $5,000
• Racketeering and organized crime: Up to life imprisonment and hefty fines
• Intellectual property theft: Up to 10 years in federal prison and fines of up to $250,000 for individuals and $5 million for corporations
• Antitrust violations: Up to 10 years in federal prison and fines of up to $1 million for individuals and $100 million for corporations
• Bankruptcy fraud: Up to 5 years in federal prison and fines of up to $250,000 for individuals and $500,000 for corporations
• Healthcare fraud: Up to 10 years in federal prison and fines of up to $250,000 for individuals and $500,000 for corporations

Now let’s take a look at some statistics that highlight the impact of white collar crime on society. Again, these are not victimless crimes:

• According to the Association of Certified Fraud Examiners, organizations around the world lose an average of 5% of their annual revenue to fraud. (Source: Association of Certified Fraud Examiners)
• The most common type of occupational fraud is asset misappropriation, making up 90% of reported cases. (Source: Association of Certified Fraud Examiners)
• The median duration of fraud schemes is 16 months before they are detected. (Source: Association of Certified Fraud Examiners)
• Only about 14% of white collar crime cases are reported to law enforcement. (Source: Federal Bureau of Investigation)

The Best Defenses for White Collar Crimes

When facing white collar crime charges, you’ll need to have a strong defense strategy in court. Here are seven effective ones that the Law Office of William Bruzzo uses as an Orange County criminal defense lawyer:

• Lack of intent: Proving that you did not have the intent to commit the alleged crime can be a successful defense.
• Reasonable mistake: Demonstrating that you made an honest mistake or had a genuine belief that your actions were lawful can help build a defense.
• Insufficient evidence: Challenging the prosecution’s evidence and arguing that it is not sufficient to prove your guilt beyond a reasonable doubt.
• Entrapment: Arguing that you were induced or coerced by law enforcement into committing the crime that you otherwise would not have committed.
• Duress: Establishing that you were under immediate threat or force that left you with no reasonable alternative but to commit the crime.
• Constitutional violations: Identifying any violations of your constitutional rights in the investigation or arrest process that may result in evidence exclusion or case dismissal.
• Insanity or mental incapacity: If you can prove that you were not mentally capable of understanding the nature and consequences of your actions, it can be used as a defense.

California White Collar Crime FAQs

Here are some common questions individuals facing white collar crime charges often have:

Can I be charged with a white collar crime if I didn’t financially benefit from it?

Yes, you can still be charged with a white collar crime even if you did not personally gain from your actions.

Can I be prosecuted for a white collar crime if I didn’t intend to commit it?

Yes! Intent can be established in different ways. While you may not have intended to commit a white collar crime, your actions or failure to act may still be deemed as willful or intentional by the prosecution.

Can I be charged with multiple white collar crimes for the same conduct?

Yes, it is possible to be charged with multiple white collar crimes for the same conduct. Different statutes may cover distinct aspects of your actions, and the prosecution can pursue charges accordingly.

Your Go-To Orange County Criminal Defense Lawyer

White collar crime can indeed land you in federal prison for many long years and get you fined substantial sums. If you have been accused of committing a white collar crime, it’s a smart investment to hire the best Orange County criminal defense lawyer you can. At the Law Office of William Bruzzo, our highly-motivated and friendly legal team has successfully defended against a myriad of white collar crimes. To learn your rights and options, contact us now to schedule a free case review. Let us fight for you!