Cleveland White Collar Crime Lawyer

White-collar crimes are financial crimes with a direct effect on the economic stability of a person, business, or government. They are typically associated with conduct that occurs in a corporate setting but can be committed by individuals on their own.

White-collar crimes typically don’t result in physical injury to others, but it doesn’t mean that the Federal Government or the state of Ohio considers them to be less serious than other offenses. A white-collar crime can be charged either as a misdemeanor or a felony depending on the circumstances.

If you are convicted of a white-collar crime, punishments include incarceration, steep fines, and other sanctions the courts may issue. If you are being investigated for this type of offense, you should act fast to get our experienced Cleveland white collar crime lawyers at Patituce & Associates on your side.

Call our criminal defense lawyers today at 440-471-7784 to get started with your defense!

Table of Contents

What Is a White-Collar Crime?

White-collar crime is a broad term used to refer to crimes of a nonviolent nature perpetrated by or against corporate institutions. White-collar crimes usually involve illegal record-keeping or some form of fraudulent financial transactions from individuals within an organization. Still, innocent people can find themselves entangled in a white-collar crime scheme without their knowledge.

Types of White-Collar Crimes - Patituce & Associates Cleveland White Collar Crime Lawyer

Types of White-Collar Crimes

There are several different types of white-collar crimes, including but not limited to the following.

Identity Theft

Identity theft is a crime that involves an individual appropriating another individual’s personal information to commit fraud and access benefits and resources in the name of the victim. Identity theft can take several different forms.

Identity thieves wrongfully obtain the names, birth dates, addresses, bank account details, and Social Security Numbers of their victims and use this information to open bank accounts, apply for loans, or open credit card accounts.

Securities Fraud

Securities fraud is a crime that involves a violation of the laws set to protect investors and securities traders. Perpetrators of this crime may include stockbrokers, brokerage firms, analysts, investment banks, corporations, and private investors.

For instance, an analyst at a brokerage firm may give a particular stock a favorable rating to secure the company’s investment banking business, despite knowing perfectly well that the stock is not a smart buy for investors.

Embezzlement

Embezzlement is a type of white-collar crime that occurs when an individual is entrusted with a company’s assets but instead uses them for their own personal gain.

People often associate this crime with corporate executives, but it can be committed by people in less prominent positions such as convenience store cashiers who pocket money from the register. Embezzlement crimes in Ohio are prosecuted as a form of theft.

Tax Evasion

Tax evasion refers to the use of illegal means to avoid paying taxes. Tax evasion schemes typically involve either individuals or corporations simply misrepresenting the income they earn to the Internal Revenue Service (IRS).

The misrepresentation can take the form of either inflating deductions, underreporting income, or hiding money and its interest altogether in offshore accounts. The crime can be prosecuted at the state or federal level. If convicted of this crime, you can face a lengthy prison sentence.

Money Laundering

Money laundering refers to a financial transaction scheme aimed at concealing the source, identity, and destination of money that’s obtained illegally. The process of money laundering can be broken down into 3 stages.

First, illegal criminal activity garners money and places it in the launderer’s hands. Second, the launderer then passes the money via a complex scheme of transactions for the purpose of obscuring who initially received the money from criminal activities. Third, money is returned to the launderer in an indirect and obscure way by the scheme.

White-collar crime can have serious financial and criminal ramifications for you, your business, and your family. If you have been arrested or convicted of a white-collar crime in Cleveland, our experienced lawyers at Patituce & Associates can evaluate your case and determine whether there are any possible defenses available to you.

Call us today at 440-471-7784 to set up an appointment.

A man arrested that needs to call our cleveland white collar crime lawyer

What Are Some Common Factors in White-Collar Crimes?

To prove that a white-collar crime was committed, the prosecution is required to prove the following 4 elements of white-collar crime.

Intent

It refers to committing a wrongful act or achieving a purpose that’s inconsistent with the law or public safety with the intent that the purpose is achieved. It usually occurs when the defendant acts or engages in a behavior knowing that the act is not only unlawful but also punishable by law.

Knowledge

For a person to be liable for a white-collar crime, they must have knowledge that they are committing a crime. This typically occurs when the defendant intentionally and knowingly commits the act to gain financial advantage.

Disguise and Concealment

It refers to the concealing or hiding of the crime’s real purpose. It usually occurs when the perpetrator hides or conceals their criminal violation with the purpose of not getting caught.

Reliance

It occurs when the victim relies on the perpetrator’s fraudulent scheme or act.

What Are Some Common Defenses for White Collar Crimes?

If you are charged with a white-collar crime in Cleveland, you should work with the experienced lawyers at Patituce & Associates since we understand the defenses for these crimes and how to use them effectively. Here are some of the most common defenses used in such cases.

Coercion

Coercion, which also refers to being forced to commit a crime, is common in white-collar crimes. It takes the form of a person in a position of power or influence pressuring others to bend the rules for their own personal benefit. For instance, a person telling another that they have to commit a crime or their family will be hurt is an example of coercion.

Entrapment

Entrapment is very similar to coercion, but in these cases, it is a law enforcement officer who’s responsible for coercing the person. It is mostly misunderstood and defendants often assume that it is automatically entrapment, if an undercover officer got them to commit a crime.

However, that isn’t the case. To use this defense, you must prove that you wouldn’t have committed the crime had it not been for the government official’s influence.

Lack of Intent

White-collar crimes are sometimes committed entirely by mistake. The prosecution must prove two key elements in a case involving a white-collar crime. The first one is that the act was actually a crime, and the second is that the person intended to commit the act.

In some instances, the defendant may have simply made a mistake and not even benefited financially from the act. If the prosecution is unable to prove that the defendant had the intent to commit a crime for financial gain, the case may be thrown out of court.

Lack of Knowledge

A lack of knowledge is typically not a valid defense to a crime. For instance, defendants often cannot claim that they didn’t know they were committing a crime and use this as a defense. However, if several parties were involved in the act and the defendant was simply part of the plan, but wasn’t aware that a crime was being committed, that can provide a valid defense.

Incapacity

Committing some white-collar crimes requires a great level of skill. This is common in cyber-related crimes or more complicated versions of money laundering and fraud. If you are able to prove that you are mentally inhibited from committing the actions involved or just don’t know enough about the subject, it is possible to use incapacity as a defense.

a man wearing a business suit arrested concept of white collar crime lawyer

Why Should I Hire Patituce & Associates?

White-collar crimes can lead to serious sentences and long-standing ramifications for both individuals and businesses. If you are facing white-collar criminal charges or the possibility of being charged in a criminal investigation, Patituce & Associates can provide you with the legal representation you need to face your charges confidently.

Here are some of the reasons why you should hire our Cleveland white collar crime lawyers.

We Will Conduct an Independent Investigation

We simply won’t depend on the police investigation; we will conduct our own independent investigation to get the charges against you either dismissed completely or reduced. We will investigate the evidence presented against you to ensure that the prosecution is operating within the confines of the law.

We Will Handle Negotiations

White-collar crimes are often settled without ever going through the process of a court or jury trial. In many cases, we can negotiate a fair settlement for you that may result in a lower financial penalty and reduce the risk of possible jail time. In other instances, we can negotiate your penalty further if you’re willing to work with the prosecution on a larger case.

We Offer Court Support

The vast majority of white-collar cases are handled out of court, but sometimes your case can go that far. If your case goes to trial, we can provide a thorough defense for you. We will do everything we can to ensure that you receive the best trial defense possible.

We Provide a Personalized Defense Strategy

Every client and company is unique, as is every case. That’s why careful investigation and personalized attention are required. To deal with these complex facts, you need a lawyer experienced in white-collar crime as we are. We will work closely with you to develop a strategy that’s right for your needs.

We Will Ensure the Best Outcome

We would like to assure you that hiring our white-collar crime lawyers is worth the expense. After all, being convicted of a crime can ruin your career and have other damaging personal consequences.

Our experienced lawyers can help you make the right decision, which may include working with the prosecution. We will help you settle your issue while making a strong path forward for you or your company.

Call Our Cleveland White Collar Crime Lawyers Today!

A conviction for a white-collar offense can have very real consequences for your career, family, and reputation. Many white-collar crimes can be charged as federal offenses, with penalties ranging from massive fines, lengthy prison sentences, and even criminal forfeiture of personal property.

No matter your circumstances, a Cleveland white collar crime lawyer who is well-versed in both state and federal white-collar crimes can best protect you. Whether you have been accused of money laundering, tax evasion, fraud, or any other white-collar crime in Cleveland, our legal team at Patituce & Associates will work tirelessly to defend you.

Call us today at 440-471-7784 to start working on your defense strategy.

Related Articles