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Fraud is generally defined as a knowing misrepresentation of fact. Under this general definition, there are many specific forms of fraud including:
All of these forms of fraud involve obtaining money or property by use of fraudulent means. For example, credit card fraud is the use of a credit card to obtain goods or property through the use of a credit card known not to be your own. Bankruptcy fraud is committed when one misstates or conceals assets for the purpose of misleading creditors. Again, the elements of knowingly concealing, misstating or misrepresenting for the purpose of pecuniary gain is common to these types of crimes.
In some cases, such as Internet fraud or fraud that crosses state lines, federal charges may be brought against you, leaving you exposed to the severe Federal Sentencing guidelines. If you suspect that you may be charged or are under investigation by the federal government, it is critical that you obtain the services of an experienced federal criminal defense attorney.
The most common penalty associated with most white collar crimes is restitution, the return of the money or property to the damaged parties. In addition to the return of the actual money or payment for property damages, the court can impose interest, fines or penalty assessment fees. This can result in high restitution penalties that can literally create a lifelong financial burden for the defendants in these cases.
An experienced attorney can often be instrumental in minimizing these associated penalties and fines, saving the defendant thousands or even hundreds of thousands of dollars. An experienced attorney can also help work out reasonable payment plans that actually allow for the defendant to pay the damages back over a reasonable time period, often while keeping the defendant out of jail or prison.
An experienced attorney can often be instrumental in minimizing these associated penalties and fines, saving the defendant thousands or even hundreds of thousands of dollars. An experienced attorney can also help work out reasonable payment plans that actually allow for the defendant to pay the damages back over a reasonable time period, while even keeping the defendant out of jail or prison.
Your lawyer should always consider the possibility of trial in your case, particularly if you did not commit the crime alleged. A trial does not only establish whether the crime was committed. It also is used to establish the amount of loss.
For example you may stipulate or admit to committing the crime of embezzlement to the tune of 5 thousand dollars; however your employer maintains that you are responsible for a 30 thousand dollar loss. The amount of actual loss may be an issue for trial.
Penalties for fraud charges can add up to substantial amounts of money and prison time in proportion to the financial losses caused by the fraud. An attorney with experience in white collar criminal defense can help not only in defending against the charges but also reducing the penalties.
Remember it is up to the prosecution to prove the amount of actual loss. Here again a strong aggressive attorney along with his team of forensic accountants and experts can make all the difference in the world, in the results of your case.
Pre-trial preparation is the key to successful defense of white collar charges. Your defense team needs to have the experience and expertise to examine computer records to determine which records are relevant to your case and how they might be used to your defense. This investigation generally requires discovery motions to compel prosecutors, employers, banks and other institutions to turn over records that can be used in your defense.
Because of the time and specialized skills involved, mounting a defense requires defense team, not just a single attorney. Prosecutors generally do not pursue cases that they don't feel they can prove in trial. This is why it is critical to dig even deeper than the prosecution and inject the reasonable doubt that will let you win in the courtroom if necessary.
In the event that it is not possible to disprove a specific charge against you, we can be extremely helpful at sentence reduction. The complexity of white collar cases creates many opportunities for plea bargains, and the lattitude that state court judges can have makes it possible to greatly reduce sentences and penalties.
At LibertyBell Law Group, we have a team of trial attorneys with experience defending against white collar criminal charges. Our experience spans state courtrooms across the country and the federal court system. Our attorneys have successfully defended clients in cases involving millions of dollars and multiple years of defense work.
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Call us now at 855-LAW-PRO1 (855-529-7761) for a free consultation with one of our criminal attorneys. We stand ready to defend you both inside and outside the courtroom. Early intervention is the key to our mutual success.
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Our lawyers, Tennen and Wirsching, get No Prison Time for our defendant in a federal court case involving millions of dollars in an illegal international gambling ring, extortion, RICO, and money laundering.
Why We Win
ca_medical_marijuana_criminal_attorneys.mp3Gina Tennen, Managing Attorney, and Jennifer Wirsching, Attorney, give expert opinions in KABC's Peter Tilden Show on California medical marijuana laws and the recent federal raid on Oaksterdam.
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