The term “white collar crime” refers to various non-violent crimes associated with financial gain or getting an unfair advantage, such as fraud, embezzlement, bribery, and money laundering, which are usually committed in the scope of business and government.
In resolving these cases, white collar crime lawyers will be needed since they specialize in defending clients, both individuals and entities, through investigations, including civil and criminal litigation. They also have their own specific tasks to provide as fair legal representation as possible to individuals or organizations accused of white collar crimes.
Okay, let’s see what white collar crime lawyers do in handling the clients’ case!
What Do White Collar Crime Lawyers Do?
The primary role of white collar crime lawyers is to provide legal counsel and legal representation in defending clients who are facing white-collar crime allegations or who become the victims of this crime. As the ones who are experienced in criminal law, they have the ability to quickly process information about crimes and criminal cases.
White collar lawyers can offer their clients top-notch legal advice on how to comply with complex governmental legislation and with investigations performed by enforcement agencies. Basically, they will help their clients resolve critical problems that can include disclosing potentially harmful findings or waiving privileges; the main goal is to resolve issues before lawsuits are filed as well as to avoid future liability.
Since white collar crime lawyers have two opposing directions, the tasks they perform will be different depending on whether they are helping victims fight for their rights or defending suspected white collar crime offenders.
The following are the basic tasks of white collar crime lawyers:
- Legal defense
- Involved in investigations
- Do a negotiation
- Legal advice
- Compliance counselling
- Asset protection
- Appeals
To make it easier for you to understand, we will show you some specific tasks that white collar crime lawyers may do in handling the cases, either on the victim’s side or the offender’s side. Here they are:
Helping Victims of White Collar Crime
If they are on the victim’s side, the tasks that white collar crime lawyers will perform include:
- To advise individuals or entities to take immediate action to protect their businesses by reducing the damage caused by white-collar criminals.
- To collect, store, analyze, provide evidence and documentation to investigative authorities, and also make a request to protect the individual’s or organization’s operations and trade secrets.
- To build and maintain lines of communication with the government and investigative agencies in helping the investigation and preparation of cases against white collar criminals.
- To assess civil litigation options for victims of the crimes to recover their financial losses.
- Advise victims on what action they have to take next to protect their assets and continue their business.
- To help victims avoid and reduce negative media coverage of crimes that may affect their businesses.
Defending White Collar Crime Offenders
If the white collar crime lawyers are on the offender’s side, they may have responsibilities as follows:
- To formulate and convey defenses on behalf of the offender to reduce or even waive punishment.
- To represent their clients at the investigation stage and be present at the time of information collection, identification, examination, video recognition, or collection of evidence by the government.
- To protect the offender from violations of criminal procedure like coercion to provide testimony, confession, or the imposition of corporal punishment.
- To cooperate with government authorities on restitution or plea bargains, which can reduce sentences.
- To ensure that the person carrying out the investigation is competent or can even ask for alternatives if they don’t qualify—such people include inspectors, appraisers, property appraisers, interpreters, and translators.
- To represent their clients at court hearings, providing facts, evidence, and arguments to the prosecutor against the charges and cross-examining the prosecution case.
- To declare that all processes are conducted in accordance with the provisions of the criminal procedural law.
- To summon witnesses, experts, and other relevant participants for the legal process.
- To submit necessary appeals (if necessary) to overturn or limit an unfair judgment by a court of first instance.
Okay, these are some specific tasks that white collar crime lawyers will do. Of course, there may be other tasks that we did not mention above.
Overall, white collar crime lawyers play an important role in defending the legal rights and interests of individuals or entities who are accused of white collar crimes. Basically, they definitely work to reach the best possible outcomes for their clients within the framework of the law.
Why is It Important to Hire White Collar Crime Lawyers?
There is no doubt that white collar crimes tend to be more sophisticated and very hard to detect due to the rapid development of technology. In general, these crimes are related to powerful and well-organized entities in society, such as the mafia or government officials, who have the ability to build official “shields” to protect their illegal activities.
Most of the perpetrators of white collar crimes are those who have high social status, sit in luxurious offices, and wear business suits—but their motives are similar to those of street thieves, i.e., to get victims’ money by illegal means.
The form of white collar offenders’ criminal activity concerns:
- Money laundering
- Extortion and embezzlement
- Acquiring the victim’s property by fraud
- Misuse of trust in suitable property
- Confiscation of property contained in computer networks
- Crimes associated with telecommunications networks or electronic devices
- Crimes associated with banking operations
- Crimes associated with tiered marketing
- Providing fake information or withholding information associated with securities activities
- Using company or organization insiders to obtain information to trade securities.
Due to a very complex type of crime, it’s highly advised for individuals and entities to hire experienced white collar crime lawyers to handle the cases, particularly if you suspect being a victim of a crime by a white collar perpetrator.
Otherwise, if you are accused of a white collar crime, you really need to gain legal protection to protect your legitimate rights. If found guilty, white collar crime lawyers may be able to assist you in obtaining a reduced sentence.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
