New York White Collar Attorney
Client-Focused & Results-Driven Legal Representation
White collar crimes are generally nonviolent offenses yet that does not lessen the penalties you could face if convicted of such an offense. These are crimes that are commonly committed to gain some financial gain or benefit through deceit or misrepresentation. They may be committed against one person, large groups of people, or state or federal agencies such as healthcare agencies or the IRS. Many laws in New York’s penal code define the activities and crimes that fall under the heading of white collar crime. These crimes can also be investigated and prosecuted at the federal level.
At Hamilton Clarke, LLP, we provide savvy and effective defense representation for individuals and corporate entities facing accusations of white collar misconduct. These types of cases can involve long investigations that collect and examine large quantities of documentation and evidence before charges are even filed. Enlisting our services as early in the process as possible is vital because it may lead to the avoidance of charges in the first place. As both state and federal defense attorneys, we can apply our decades of combined legal experience and dedication to providing outstanding legal service to your case.
White Collar Crime Cases in New York City
At Hamilton Clarke, LLP, we provide strategic defense against all types of white collar crimes, including but not limited to:
- Credit card fraud
- Identity theft
- Healthcare fraud - Medicare/Medicaid fraud
- Money laundering
- Mail and wire fraud
- Securities fraud
- Computer fraud
- Mortgage fraud
- Investment scams, such as Ponzi schemes
- Insurance fraud
- Public corruption
- Tax evasion
Each of these offenses is defined under state or federal law and charged accordingly. In cases where large numbers of victims have been involved, cases may be investigated by multiple state and/or federal agencies. These crimes can carry penalties involving stiff fines, jail or prison terms, restitution to victims, lengthy probation periods, and government seizure of assets. Those prosecuted at the federal level may involve investigations by the FBI, IRS, or other agencies that are carried on intensively for months or even years before leading to formal charges and court procedure. Those facing federal white collar crimes often result in more serious charges resulting in penalties subject to federal sentencing guidelines.
Aside from criminal penalties, white collar crimes can also lead to civil lawsuits by victims seeking damages. Because of the various consequences, it is vital that you have a skilled defender handling your case to help mitigate these consequences.
What is Fraud?
In New York, fraud is defined under the Penal Law section 155.05 as the intentional and deceptive act of wrongfully taking, obtaining or withholding property, services or money from someone through false pretenses, representations, or promises. Fraud can be committed in various ways, including by deceit, concealment, misrepresentation, or suppression of material facts.
Fraud can take many forms, such as identity theft, credit card fraud, insurance fraud, and investment fraud. The severity of the offense can vary depending on the amount of money or property involved, the intent of the perpetrator, and the harm caused to the victim.
In New York, fraud can be charged as a misdemeanor or a felony, depending on the circumstances of the case. The penalties for fraud can include imprisonment, fines, restitution, and probation.
Phone our offices at (646) 603-0522 to get the legal help you need from our New York white collar lawyer today.
The United States Congress sets the penalties for all federal criminal acts. Thus, Congress decides which criminal acts are felonies. The State legislature makes those determinations for criminal acts that violate state law.
Understanding RICO Charges
Organized crime is among the strongest threats to the United States, explaining why the FBI is on high alert for RICO offenses. The Racketeer Influenced and Corrupt Organizations Act is a federal law prohibiting various types of racketeering activity connected to an enterprise. Its purpose is to extinguish organized crime in the US. Under RICO, prosecutors can try all individuals involved in a corrupt organization at once rather individually and separately.
To convict a RICO defendant, prosecutors have the burden of proving the following elements beyond a reasonable doubt:
- An enterprise existed
- The enterprise affected interstate commerce
- The defendant was associated with or employed by the enterprise
- The defendant engaged in a pattern of racketeering activity
- The defendant conducted or participated in the enterprise’s conduct by committing at least two acts of racketeering activity
“Racketeering activity” refers to a host of organized crimes including but not limited to:
As you can see, racketeering activity includes various white-collar offenses such as fraud and counterfeiting. However, you could only get RICO charges if your reported white-collar offense is connected to an enterprise. Regardless of what situation you’re in, our New York white collar criminal defense lawyers are prepared to build a powerhouse defense on your behalf.
Get Effective Legal Help from Hamilton Clarke, LLP
White collar crimes can be complex, confusing, and based on both paper and electronic trails that involve electronic transactions. Our firm understands these complexities and has represented many individuals and companies successfully in both state and federal courts. We are here to zealously protect your rights and help you seek the best possible outcome through hard work and a vigorous application of defense strategies.
State & Federal Cases
We Handle Both State & Federal Cases and Are Not Afraid to Take a Case to Trial
Five Decades of ExperienceOur High-Level Trial Attorneys Bring Over 50 Years of Combined Legal Experience
Proven Track Record
We Have Successfully Handled Over 10,000 Cases
Available 24/7Being Accessible to Meet Our Clients' Needs is Important to Us