Are you accused of a white-collar crime where a misdemeanor or felony conviction could result from it? The punishment could include state prison time, fines, and more if convicted.
Don’t go at it alone, and hire the best lawyers. Our law firm, Wilson & Kinsman LLC, has helped clients like you with our leading Indiana white-collar crimes lawyer. The sooner you schedule an appointment with us, the sooner we can begin working on your case.
Why Do I Need an Indiana White Collar Crimes Lawyer?
An Indiana white-collar crimes attorney knows the law and can help you navigate the legal system and protect your rights. They also know the laws and regulations that apply to your case, whether it’s a failed business deal, or if you’ve been accused of securities fraud, which is usually handled by financial regulators. They can advise you on what to say and what not to say to investigators. They know more about your rights than anyone else.
An experienced, committed, available, and communicative Indiana white-collar crimes lawyer is your best bet when you or a loved one are accused of such a grave white-collar crime.
At Wilson & Kinsman LLC, we have a team of skilled, committed, and experienced criminal defense attorneys ready to help you no matter what charges you’re facing. We understand how serious these crimes are, and we won’t stop fighting until we get the best possible outcome for your case, whether that means negotiating a deal with the prosecution or going to trial.
What are White Collar Crimes?
A white-collar crime is any non-violent criminal conduct in the business or commercial sphere. This phrase covers a broad range of unlawful behaviors and tactics. The fact that the criminals use deception and are motivated by financial gain is one thing they all have in common. Those who commit white-collar crimes are frequently powerful, well-off, and employed in corporations or luxury business settings.
Numerous forms of fraud, embezzlement, tax evasion, and money laundering are the top white-collar crimes. Scams and frauds, including Ponzi schemes, securities fraud, and insider trading, may fall under this category. When the offenders are powerful or skilled, other common crimes like insurance fraud and tax evasion can also be classified as white-collar crimes.
In white-collar proceedings, people and companies can commit crimes and be named defendants. Individuals may receive jail time resulting from this crime, but businesses may be subject to hefty fines for their wrongdoing. Both state and federal governments have laws that regulate white-collar crime.
What are the Most Common Types of White Collar Crime?
White-collar crimes generally have an element of deception involved—the perpetrator is doing something illegal and underhanded, but they are doing it in such a way that the victim is unaware of what’s going on. In most cases, the perpetrator will use their position of authority to commit the crime. The most common kinds of white-collar crime include:
- Fraud: Fraud is a broad category of crime that typically involves misleading a victim to obtain financial advantage. Securities fraud is a prevalent kind of white-collar crime.
- Securities Fraud: “Insider trading” refers to trading on inside information about a business or investment violating a duty or responsibility. This is a typical type of securities fraud. An executive might decide to sell some of his firm stock, for instance, if he is aware of sensitive information regarding a forthcoming earnings report. That would be seen as insider trading, a type of securities fraud.
When someone intentionally misrepresents a company’s prospects, state of health, or financial situation to solicit investment, that is another sort of securities fraud. The corporation and those working there commit securities fraud by enticing an investor into putting up money based on incorrect or deceptive information. Securities fraud may also be committed by publicly traded corporations when they make false or deceitful claims in their public filings.
- Other White Collar Frauds: Fraudulent schemes of all stripes, such as insurance and mortgage fraud, are among the more prevalent white-collar crimes. These can be as frequent as someone starting a scheme to fraudulently collect insurance coverage after lying on their application. They can also include larger-scale company fraud tactics against consumers or other people in the marketplace. The most well-known white-collar crimes have included Ponzi schemes and other business-related frauds that defraud investors of their money. These can be of any size and shape.
- Embezzlement: This is the improper taking of money from a person to whom you owe an obligation. Although embezzlement can take many disparate forms, this is the most frequent definition. The most prevalent case of this is when a worker for a corporation embezzles money from his employer, for instance, by diverting funds into a personal account.
- Criminal Tax Evasion: This is a white-collar crime type in which the offender tries to avoid paying taxes they otherwise would have to. Tax evasion can be as simple as filling out tax papers with incorrect information or as complex as using illicit property transfers to escape paying taxes. Criminal tax evasion can be committed by both individuals and businesses. Like fraud, there are conceivably countless ways to evade taxes.
- Money Laundering: Filtering unlawfully obtained (“dirty”) money through a sequence of transactions intended to make the money appear lawful (“clean”) is a crime. There are typically three processes in money laundering. First, the funds are usually put into a financial institution like a bank or brokerage. Then, to make it more challenging to track down the “dirty” money, layers of frequently complex transactions are used to separate the money from its illicit origin. Integration is the third stage. Here, legally obtained funds and recently “cleaned” funds are combined, frequently through the acquisition or sale of assets.
What are White Collar Criminal Defenses?
People accused of white-collar crimes frequently think that their conviction is imminent. However, if they use a strong defense plan, they could be able to get their charges dropped or amended.
Here is a quick rundown of some of the most popular defense tactics in situations involving white-collar crime:
Absence of Intent
The prosecution attorney must present evidence to prove that the defendant had criminal intent in many white-collar cases. The charges might be withdrawn if a lawyer can establish that their client’s conduct was unintentional or an error.
Law enforcement organizations frequently set up sting operations while looking into white-collar crimes to capture a suspect in the act. A defense attorney can get the case dismissed if they can prove that the defendant was coerced into doing the offense by the police.
Statute of Limitations
A statute of limitations, or time restriction, is a period during which an indictment against a defendant must be filed. It also applies to nearly all white-collar crimes. The case should be readily dismissed if a defense attorney can prove that the prosecution detained their client after this window had shut.
You only need to call Wilson & Kinsman LLC to arrange an initial consultation to have a white-collar crime lawyer analyze the circumstances of your case and assist you in developing a solid defense strategy.
What are the Penalties for White Collar Crimes?
White-collar crimes are treated quite seriously on a state and federal level. If found guilty of such a criminal charge, offenders may be subject to one or more of the following penalties:
- Home confinement
- Community service
- Forfeiting of property
The law office of Wilson & Kinsman LLC is aware of how terrifying these penalties can be. That is why we put so much effort into assisting our clients in avoiding them. Get in touch with our Elkhart law firm immediately to arrange a free consultation if you want us to help you with your criminal case.
Call our Indiana White Collar Crimes Lawyer Now!
It’s simple: if you’ve been accused of a white-collar crime charge in Indiana, you need to call Wilson & Kinsman LLC. Our white-collar crime attorney has a proven track record of helping our clients fight their charges and get the best possible outcome.
We’ve been committed to standing up for the rights of the criminally accused for over 50 years, and we’re ready to put that commitment to work for you. Call us today, or fill out the online contact form to schedule your consultation with an experienced Indiana white-collar crimes lawyer.