White Collar Criminal Defense
The term white collar crime generally refers to a nonviolent crimes prosecuted in California courts or at the Federal level for theft, deceit, concealment or other fraudulent activity, often in a professional or corporate context.
White collar crime can also be broken down into various kinds of fraud, embezzlement, bribery, securities violations, tax evasion, unfair and deceptive practices, forgery, perjury, false claims, theft from the government, and computer crimes.
Many white collar prosecutions involve elements of conspiracy under California Penal Code Section 182 or under Federal Law 18 USC section 371.
An artificial entity or association of persons cannot have the culpable mental state required by a criminal statute, but it may be held criminally responsible for the behavior of its agents or employees. And, although it cannot be sent to prison, it may be punished by a fine.
Defenses in white collar prosecutions may include clients who rely on the advice of counsel; clients who do not know the behavior was criminal or who lacked intent to defraud; or a client whose conduct was consistent with the common practice in his or her type of business; or it could be a case of simply an overzealous or discriminatory enforcement of the law.
Ignorance of Law Not a Defense.
Everyone is presumed to know the law. The rule that ignorance of the law is not an excuse for crime is based upon the practical consideration of public necessity. If the act itself is punishable when done knowingly, it is does not matter that the accused thought it was legal. Criminal intent is merely the intent to commit the illegal act, not the intent to break the law.
If you or your company have received a subject letter or target letter naming you as a subject or target of an alleged criminal conspiracy, or you have been arrested or charged in a an indictment with a white collar crime, contact the experienced lawyers at Gold, Leftwich & Wagner for a free consultation.