Accountants, investment professionals and real estate brokers are among those who may be at risk of white-collar criminal charges. Professionals may find themselves accused of embezzlement, money laundering or various types of fraud.
White-collar charges can lead to state or federal prosecution and an assortment of penalties. Those accused of white-collar crimes often find the situation overwhelming and despair of effectively protecting themselves from the worst-case scenario.
How can those facing white-collar charges work to exonerate themselves?
Partnering with the right professional
In addition to working with someone who understands the law, people facing white-collar criminal charges may need supplemental support as they try to evaluate the state’s case. Defendants and their lawyers have the right of discovery, which means that the prosecutor must provide access to the evidence that the prosecutor intends to present at the trial.
That evidence can range from in-depth financial records to a list of potential witnesses who may testify in court. Particularly when the state’s case largely depends on financial records, working with a forensic accountant is often beneficial.
Forensic accountants can trace resources allegedly involved in money laundering or embezzlement. They may be able to locate hidden or seemingly lost assets in some cases. They may even be able to identify parties who have a connection to questionable transfers. Their insight can also prove critical if the case goes to trial. Forensic accountants and other expert witnesses can take complex, confusing information and make it more accessible to jury members.
By cooperating with the prosecution
In some cases, the person facing a white-collar criminal charge simply followed the instructions of their supervisor or employer. They may not have been aware that a medical practice’s billing rules technically constituted insurance fraud, for example.
In scenarios where specific actions were the result of instructions from outside parties or job training, an individual who is unaware of the implications of their professional conduct may be able to negotiate a plea bargain. Their lawyer can theoretically work with the prosecutor to reduce the charges or penalties.
There are a host of strategies available, and many of them are as complex as the evidence used to back white-collar criminal charges. Professionals who are aware that they are under investigation and those recently arrested may need assistance as they begin preparing for negotiations with a prosecutor or for a criminal trial accordingly. Partnering with a white-collar criminal defense attorney can make it easier for those accused of financial crimes to minimize the impact of the allegations against them.