Different types of white collar crimes can involve defendants in all walks of life. It is true, however, that the charge is often applied to high-ranking corporate officers and businesspeople responsible for transactions involving large amounts of money. At the Simmrin Law Group, our knowledgeable white collar criminal defense lawyers in Los Angeles have experience representing a wide variety of people charged with these allegations, and we can work to provide a successful defense strategy for reduced charges or exoneration.
White Collar Crime Defendants and the “Responsible Corporate Officer” Doctrine
One reason that high-ranking corporate businesspeople are often charged with white collar crimes is that the “Responsible Corporate Officer” doctrine can make it easier for prosecutions to work toward a conviction. Essentially, the RCO is the idea that the court will assume that a high-ranking corporate officer has knowledge of the business practices of their business.
The prosecution does not have to prove that the defendant knew about an instance of corporate-level white collar crimes like antitrust violations, because it is assumed that the defendant should have known.
Important cases that establish precedence regarding the RCO include:
- United States v. Dotterweich: in which the president of a pharmaceutical company was convicted for failing to prevent his business’ violation of public welfare.
- United States v. Park: in which the court ruled that a company president delegating responsibility is not a defense against their duty to be aware of corporate misdeeds.
Since the RCO can be used to convict high-ranking corporate officials simply for doing nothing, a person charged with white collar crimes should contact our experienced attorneys for help avoiding the harsh financial penalties and other punishments of white collar crimes.
Types of White Collar Charges
The fact that many different kinds of people can be charged with white collar crimes stems from the fact that there are a variety of charges under that umbrella term. Some of these charges can involve corporate-level violations, but others can be performed by people who are not high-ranking company officials. Types of white collar crimes that our knowledgeable attorneys have experience defending include the following:
- Embezzlement: common defendants include executives, business partners, accountants, and employees.
- Unemployment Insurance Fraud: common defendants can be workers accused of falsifying information as well as employers accused of tampering with benefits.
- Medi-Cal Fraud: common defendants include both patients and health care providers.
- Health Care Fraud: common defendants include health care providers and administrators.
- Mortgage Fraud: common defendants include real estate brokers and agents as well as homeowners.
- Auto Insurance Fraud: common defendants include car owners and auto repair shops.
- Workers’ Compensation Fraud: common defendants include both employers and employees as well as health care providers involved in the claim.
- Antitrust Violations: common defendants include corporate officers of businesses that span across state lines.
- Federal White Collar Crimes: such as bank fraud, mail fraud, money laundering, and more.
The common thread in all of these charges is that white collar crimes deal with nonviolent actions, often involving the falsifying of information in the pursuit of money. Though the public often considers these charges less serious than more violent crimes, prosecutors will pursue white collar crimes with equal vigor.
For that reason, it is best to contact our trusted white collar criminal attorneys at the Simmrin Law Group for help building a strong defense.
Possible Defense Strategies in White Collar Cases
If you have been charged with a white collar crime, there are serious penalties on the line, such as high fines and extensive jail time. However, there are certain defenses that can apply to your case, and our white collar criminal defense lawyers can help advise you on which strategy best suits your situation.
Possible defenses to white collar charges include:
- Entrapment: used in cases in which the alleged wrongful conduct was induced by government agents.
- Challenging intent: used if the prosecution cannot show that the defendant intended to commit fraud.
- Problems with evidence: used when the evidence against the defendant was obtained in a way that violated the defendant’s Constitutional rights.
There are also charge-specific defenses that can be used to challenge the details of a case. For example, it may be possible for a skilled white collar criminal defense attorney to obtain an acquittal in an antitrust violation case because the defendant did not actively engage in an agreement with business competitors.
Get In Touch With Our White Collar Criminal Defense Attorneys Today
White collar charges often come with severe penalties, but our white collar criminal defense lawyers at the Simmrin Law Group have experience helping clients defend their innocence. If you have been charged with any form of white collar crime, contact us today for a FREE consultation on your case.