Las Vegas Federal White Collar Crimes Defense Attorney
White collar crimes are non-violent, financially motivated offenses that are typically committed by individuals, businesses, or government officials in a professional setting. Charged under various federal statutes, white collar crimes include fraud, embezzlement, insider trading, money laundering, and other offenses that involve deceit, manipulation, or theft to achieve financial gain. While these crimes do not involve physical violence, they carry serious penalties, including significant fines, lengthy prison sentences, and damage to both personal and professional reputations.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending individuals and businesses facing federal white collar crime charges. If you are under investigation or facing charges for a white collar offense, it is critical to have a skilled defense attorney who understands the complexities of federal law and can build a strong case to protect your rights and your future.
What Are White Collar Crimes?
White collar crimes, as defined under federal statutes such as 18 U.S.C. §§ 1341 (Mail Fraud), 1343 (Wire Fraud), 1344 (Bank Fraud), and 1956 (Money Laundering), typically involve schemes to defraud individuals, businesses, or government programs. These crimes are usually financially motivated and often involve professionals, executives, or government officials in positions of trust.
Some of the most common types of federal white collar crimes include:
Wire Fraud (18 U.S.C. § 1343): Wire fraud involves using electronic communications—such as phone calls, emails, or the internet—to carry out a fraudulent scheme. This charge often accompanies other financial crimes like embezzlement, securities fraud, and cybercrime.
Mail Fraud (18 U.S.C. § 1341): Similar to wire fraud, mail fraud involves using the postal service or other mail delivery services to further a fraudulent scheme. Mail fraud is often charged in conjunction with other fraud-related offenses.
Bank Fraud (18 U.S.C. § 1344): Bank fraud occurs when someone knowingly defrauds a financial institution, or attempts to obtain money or assets from a bank under false pretenses. This charge often arises in cases involving loan fraud, mortgage fraud, or check kiting.
Embezzlement (18 U.S.C. § 641): Embezzlement involves the theft or misappropriation of funds or property entrusted to an individual's care, typically by someone in a position of trust, such as an employee, manager, or government official.
Money Laundering (18 U.S.C. § 1956): Money laundering involves conducting financial transactions to conceal the origins of illegally obtained funds. This charge is frequently brought in cases involving drug trafficking, organized crime, and other large-scale criminal enterprises.
Securities Fraud (15 U.S.C. § 78j): Securities fraud involves deceptive practices in the stock market, such as insider trading, making false statements about a company's financial condition, or manipulating stock prices. The Securities and Exchange Commission (SEC) often investigates securities fraud cases in conjunction with the Department of Justice (DOJ).
Tax Evasion (26 U.S.C. § 7201): Tax evasion involves intentionally avoiding paying federal taxes by underreporting income, inflating deductions, or hiding assets in offshore accounts. The Internal Revenue Service (IRS) investigates tax evasion cases and can impose both criminal and civil penalties.
White collar crimes can result in significant financial losses to victims, and federal prosecutors take these offenses seriously. In many cases, federal agencies such as the FBI, IRS, SEC, and U.S. Postal Inspection Service work together to investigate and prosecute white collar crimes.
Case Law and Legal Precedents for White Collar Crimes
Several key court cases have shaped how white collar crimes are prosecuted under federal law. In United States v. O'Hagan, 521 U.S. 642 (1997), the Supreme Court upheld the conviction of a lawyer for insider trading, ruling that individuals who misappropriate confidential information for personal gain violate securities fraud laws. This case expanded the scope of securities fraud and reinforced the "misappropriation theory" in insider trading cases.
In Skilling v. United States, 561 U.S. 358 (2010), the Supreme Court narrowed the interpretation of the "honest services" fraud statute, ruling that it only applies to bribery and kickback schemes. This case had significant implications for white collar crime prosecutions, particularly in cases involving corporate executives and government officials accused of self-dealing or conflicts of interest.
Another important case is United States v. Santos, 553 U.S. 507 (2008), where the Supreme Court limited the application of the money laundering statute, ruling that "proceeds" of unlawful activity must refer to profits, not simply gross receipts. This decision impacted the way money laundering cases are prosecuted, especially in the context of organized crime and drug trafficking.
Penalties for White Collar Crimes
White collar crimes carry severe penalties under federal law, especially in cases involving large-scale financial fraud, multiple victims, or significant financial losses. The penalties for white collar crimes under statutes like 18 U.S.C. §§ 1343 (Wire Fraud) and 1956 (Money Laundering) include:
Fines: Individuals convicted of white collar crimes can face substantial fines, often ranging from thousands to millions of dollars, depending on the financial harm caused by the offense.
Imprisonment: The statutory maximum penalty for most white collar crimes is up to 20 years in federal prison, depending on the specific offense. For example, wire fraud carries a maximum penalty of 20 years, while securities fraud can result in prison sentences of up to 25 years in cases involving significant financial harm.
Restitution: Defendants convicted of white collar crimes are typically required to pay restitution to the victims, which may include individuals, businesses, or government agencies affected by the fraudulent scheme. Restitution can cover the full amount of financial losses caused by the crime.
Forfeiture: In many cases, defendants may be required to forfeit property or assets obtained through illegal activity. This can include bank accounts, real estate, vehicles, and other valuable assets acquired through fraud or embezzlement.
The U.S. Sentencing Guidelines provide an advisory sentencing range for white collar crimes, considering factors such as the amount of financial loss, the number of victims, and the defendant's role in the scheme. Federal judges generally follow these guidelines but have discretion to impose sentences based on the specific facts of the case.
Federal Investigations and White Collar Crime Charges
White collar crime cases are often investigated by multiple federal agencies, including the Federal Bureau of Investigation (FBI), the Securities and Exchange Commission (SEC), the Internal Revenue Service (IRS), and the U.S. Department of Justice (DOJ). These investigations frequently involve detailed audits, forensic accounting, financial records, and interviews with key witnesses.
Federal white collar crime investigations can last for months or even years, and in many cases, defendants may not be aware that they are under investigation until charges are filed. If you are under investigation for a white collar crime, it is critical to seek legal representation as early as possible to protect your rights and avoid making statements that could be used against you.
Defenses Against White Collar Crime Charges
At Hofland & Tomsheck, we take a strategic approach to defending clients against white collar crime charges, analyzing every aspect of the case and challenging the government's evidence. Common defenses against white collar crimes include:
Lack of Intent: Many white collar crimes, such as fraud or embezzlement, require the prosecution to prove that the defendant acted with intent to deceive or defraud. If the defendant did not knowingly engage in fraudulent conduct, this can serve as a defense.
Good Faith: In some cases, individuals may have acted in good faith, believing that their actions were legal or authorized. For example, a business owner may have relied on the advice of accountants or attorneys when making financial decisions.
Challenging Evidence: White collar crime cases often involve extensive documentation, including financial records, contracts, and emails. By challenging the accuracy or admissibility of key evidence, we can raise doubts about the government's case.
Statute of Limitations: In some cases, white collar crime charges may be barred by the statute of limitations if too much time has passed since the alleged criminal conduct occurred. The statute of limitations for most white collar crimes is five years, but this may vary depending on the specific offense.
Sentencing Guidelines for White Collar Crimes
Federal sentencing for white collar crimes is governed by the U.S. Sentencing Guidelines, which provide an advisory sentencing range based on several factors:
Amount of Financial Loss: Larger fraud schemes that result in significant financial losses generally result in harsher penalties.
Number of Victims: Cases involving multiple victims, such as large-scale investment frauds or Ponzi schemes, typically result in longer prison sentences.
Defendant's Role: Defendants who played a leadership role in organizing or directing the fraudulent scheme may face enhanced penalties under the guidelines.
Judges consider the guidelines when determining sentences but have discretion to impose sentences based on the circumstances of the case. In large-scale white collar crime cases, sentences can be significantly enhanced.
Why Choose Josh Tomsheck for Your White Collar Crimes Defense
White collar crime cases are complex and often involve extensive documentation, financial records, and expert witnesses. Having an experienced defense attorney is crucial to navigating the complexities of federal law and protecting your rights. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of defending clients against serious federal charges, including white collar crimes.
As a former prosecutor, Josh knows how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit key witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing federal white collar crime charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal white collar crime charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal white collar crime charges.
