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Frequently Asked Questions about White Collar Crime

Q: What is "white collar crime"?

A: White collar crime is a term used to describe criminal conduct involving illegal acts that use deceit and concealment to obtain money, property or services, or to secure a business or professional advantage. Another way to define white collar crime is as a "paper" crime or crime that is committed in the workplace in white collar industries as opposed to blue collar industries. White collar crimes are usually not violent, but their effects can be just as devastating.

Q: Who prosecutes white collar crimes?

A: White collar crimes may be either state or federal crimes. Because they often involve lengthy investigations that can cross state and international boundaries, the federal government is usually in a better position to investigate and prosecute white collar crimes. Usually a federal prosecutor, known as an Assistant United States Attorney (AUSA), will head up the prosecution.

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In 2000, felony prison sentences averaged over four years. In addition sentencing for white collar crimes has increased dramatically in recent years. For example, some securities fraud offenses can carry a twenty year sentence. If you have been charged with a white collar crime, take it seriously. Contact an experienced criminal defense lawyer to protect your rights.

Orlando White CollarCrime Defense Attorneys

Lawyers at Muller & Sommerville, P.A., have years of successful experience managing the complexities of white collar criminal defense. Our history of success is built on a holistic approach. We look at the big picture and base our strategy on in-depth knowledge of state and federal law, collaboration with reputable experts, and accomplished trial advocacy skills that implement the latest technology in the courtroom. Practicing law in Central Texas, we represent clients facing investigations, subpoenas, and charges related to matters of white collar crime. Contact our law office at (407) 647-8200 to talk about your white collar criminal defense needs.

White Collar Crime - An Overview

Crimes that do not involve physical violence, and that relate largely to financial matters, are often called white collar crimes. White collar crimes involve most of the same legal principles as do other crimes, and people charged with white collar crimes have the same rights and protections as defendants accused of other crimes. On the other hand, white collar offenses are often complex, and involve numerous complicated legal and factual issues. The possible penalties include fines, prison sentences, restitution and criminal forfeiture. If you have been charged with a white collar crime, contact Muller & Sommerville, P.A. in TX, to schedule a consultation with an experienced white collar criminal defense attorney.

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Fraud

Black's Law Dictionary (8th ed. 2004) defines fraud as "a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment." The injury in fraud is usually depriving a person of money or other property that rightfully belongs to that person. Fraud crimes are classified according to the type of transaction in which the deception occurred. Fraud is a serious and broadly defined criminal offense. Criminal fraud is a charge that can be brought against a business, as well as against an individual (a business cannot be put in prison, but can be hit with substantial fines). A charge of fraud let alone a conviction can ruin the reputation of a person or company charged. Zealous legal representation is critical in fraud cases, as in all criminal cases. It is critical for an accused to seek help from an experienced white collar criminal defense attorney.

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Grand Jury Investigations

A grand jury is a powerful tool that federal prosecutors can use to investigate and gather information about white collar crimes. The grand jury has the power to subpoena witnesses to testify and produce documents for review in an effort to gain information about an individual's involvement in a white collar crime and to see if there is enough evidence to indict that person. If you have been subpoenaed to appear before a grand jury, it is important to seek the advice of an experienced defense attorney

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Other Types of White Collar Crime

The term white collar crime encompasses a wide variety of criminal acts that are committed in a business or professional setting to achieve financial gain. This article provides general information about a few of the more common types of white collar crime. If you would like more information about these or other white collar crimes, contact an experienced white collar criminal defense attorney.

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Penalties for White Collar Crime

The most frightening part of being a defendant in a white collar criminal case or any criminal case is the potential penalties if convicted. Most white collar defendants have no prior experience with the criminal justice system, and the uncertainty of their future looms understandably large in their minds. In addition to criminal penalties, many white collar offenses may give rise to civil lawsuits, brought either by the federal or state government, or by the victims of the offense. Any civil liability imposed as a result of these suits is in addition to, and not a substitute for, the penalties imposed in the criminal case. An experienced white collar defense attorney can give you specific information on the possible penalties in a particular case.

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White Collar Crime Resource Links

National White Collar Crime Center (NW3C)
The non-profit National White Collar Crime Center (NW3C) provides information on white collar crime issues and provides a newsletter, "The Informant."

Types and Schemes of White Collar Crime
This page from the National Check Fraud Center defines dozens of individual types of white collar crime, from bank fraud to Ponzi schemes.

White Collar Crime
Contains general information about white collar crime, provided by Cornell University Law School.

Federal Bureau of Investigation (FBI) - White Collar Crime and Fraud
This site contains information about FBI programs, white collar crime, fraud and links to news and interesting cases.

Financial Crimes Enforcement Network (FinCEN)
This network, organized under the federal Department of the Treasury, provides information about financial crimes, including links to laws, enforcement information and regulatory activity.

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Contact Muller & Sommerville, P.A.

Contact our law office at (407) 647-8200 to speak with a live person, available 24 hours a day, seven days a week, or email us. If you or a loved one has been arrested or is being investigated, we are prepared to respond quickly. Initial consultations are free of charge.

Tell Us About Your Case

Muller & Sommerville, P.A.

1150 Louisiana Avenue
Suite 2
PO Box 2128
TX 32789

Phone: 407-647-8200
Fax: 407-645-3000

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Muller & Sommerville, P.A., is located in TX, and serves clients in Central Texas in cities including Altamonte Springs, Castleberry, Daytona Beach, Deland, Deltona, Eustis, Lakeland, Leesburg, Longwood, Kissimmee, Melbourne, Mt. Dora, New Smyrna Beach, Tarrant County, Palm Bay, Sanford, Winter Garden, Winter Springs, Tavares, and Titusville. We practice law throughout the state of Texas, including Brevard County, Lake County, Orange County, Osceola County, Polk County, Seminole County, and Volusia County.



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