White Collar Crimes
Not all criminal offenses cause bodily harm or involve the use of force. Rather, some offenses involve calculated behavior intended to deprive a person or business of funds or property. Generally, financial service professionals and business people entrusted with other parties’ assets commit such offenses; as such, they are commonly referred to as white-collar crimes. While white-collar crimes do not involve violent behavior, they nonetheless are serious offenses that carry substantial penalties, and it is essential for anyone accused of a white-collar offense to confer with an attorney about what defenses they may be able to assert. The seasoned Boston criminal defense lawyers of Koufman Law Group dedicate their practice to defending people accused of crimes in Massachusetts. If you engage our services, we will employ our ample resources and skills to develop compelling arguments on your behalf. We are based in Boston, but we assist people with criminal matters throughout Massachusetts.Elements of White Collar Crime Cases
A variety of criminal activities constitute white-collar crimes. Regardless of the exact crime the government charges a person with, however, the fundamental aspects of all white-collar crime cases are the same. In other words, to charge someone with a crime, the prosecution must first establish that there is adequate evidence. Because many white-collar crimes involve federal law or interstate activity, federal courts commonly handle such cases. Further, despite differences in state and federal criminal procedures, the prosecution must meet the same burden of proof to establish guilt at both levels. Specifically, the prosecution must inform the defendant of the charges against them and then must prove each element of the charged offense beyond a reasonable doubt to secure a conviction. In essence, the prosecution must demonstrate that no rational person would conclude anything but the defendant's culpability when presented with the available evidence.Common White Collar Crimes
While many offenses constitute white-collar crimes, some are more prevalent than others. One such example is fraud, which encompasses various deceptive practices, including securities fraud. Securities fraud takes place when a financial advisor or broker employs deceitful means to deprive a client of their money, such as providing false information on an investment, overtrading, or running a Ponzi scheme.
Embezzlement is another frequently charged white-collar crime. Embezzlement happens when an individual entrusted with managing an individual's or entity's funds uses or invests the property in a manner that deviates from the agreed-upon method, treating it as their own. In Massachusetts, embezzlement is typically prosecuted as larceny.
Finally, forgery is another type of white-collar crime. It occurs when someone alters or falsifies a document or signature with the intent to defraud or harm someone, knowing that their actions will have such an effect. A typical example of forgery is signing someone's name on a check without their authorization.Possible Defenses in White Collar Crime Cases
White-collar crimes typically involve an element of intent. Thus, the prosecution usually must demonstrate that the accused individual acted deliberately or took conscious steps to defraud someone of their property. Consequently, in many cases, the individual accused of a white-collar crime can assert that the prosecution cannot prove the required mental state and, therefore, should not be convicted. For instance, if the person can show that they acted carelessly or had a mistaken belief that they were authorized to engage in the activities leading to the charges, the prosecution's case may fail.Confer with a Skilled Boston White Crime Defense Attorney
A conviction for a white-collar crime can not only strip away your rights but may also severely impair your professional reputation and career. If you live or work in Massachusetts and are accused of a white-collar offense, it is wise to consult with a lawyer to explore options to safeguard your legal rights. The skilled Boston criminal defense lawyers of Koufman Law Group have extensive experience defending individuals accused of white-collar crimes, and if we represent you, we will zealously pursue a favorable result on your behalf. Our office is located in Boston, and we regularly defend people in criminal cases in Boston and throughout Massachusetts. You can reach us to set up a confidential consultation via our online form or by calling us at 617-423-2212.