The Knowledge That Is Needed for a Thorough Defense for White-Collar Crimes
White-collar crimes are so-called as they tend to be committed by business professionals and by individuals who work in an office setting.
The Most Common Types of White Collar Crimes
- Money laundering: Defined as the act of moving money through multiple dummy accounts, this crime is often committed to hide the source of money gained by drug trafficking or prostitution and other criminal origins.
- Fraudulent securities handling: This type of criminal charge involves deceptive practices dealing with stocks and other investments. Examples of these cases include insider trading, stock manipulation, and Ponzi schemes.
- Improper use of records: Records-related crimes can be levied against someone who has access to personal or financial records, such as employees with access to the confidential data of customers. When this information are used for fraudulent purposes, such as identity theft, they can be charged with criminal activity.
- Computer/Internet fraud: This includes hacking, initiating email worms or computer viruses, spoofing, and phishing.
- Tax evasion: Not to be confused with tax avoidance, which is legal, tax evasion is the use of illegal methods to avoid paying taxes. Conditions include the failure to file required tax documents and falsely reporting income and expenses.
White-Collar Crimes Carry Harsh Sentences
White-collar crimes can be prosecuted at the federal or local levels. In some cases, a prison sentence for a white-collar crime can exceed the length of time served for such crimes as armed robbery.
Hawaii courts use the Apprendi-Blakely rule. This means that sentences can extend beyond normal guidelines when the defendant is determined to be a multiple offender who is likely to remain a danger to society upon release from prison.
What If You Misunderstood Tax Laws?
Naturally, not everyone charged with a white-collar crime, specifically of tax evasion, is guilty, and others may have committed an offense due to a misunderstanding of the law and are genuinely without criminal intent. This is especially true with complex federal and local tax laws.
Aside from securing the needed evidence to prove your misunderstanding of the law, you also need to retain a criminal defense attorney with experience defending cases at any jurisdictional level as prosecution for white-collar crimes can come from any jurisdiction, from federal to local.
Contact Us Today
As a former prosecutor, Myles S. Breiner is a defense attorney with a unique perspective on defending against white-collar criminal charges. Call the Law Offices of Myles S. Breiner at 808-526-3426 or contact us online to arrange for a consultation.