While white-collar criminal activities are usually considered to be “lesser” offenses than violent crimes, they are still very severe.
That’s why it’s essential to find the best Miami white-collar defense firm for your case. This means finding a lawyer who truly cares and who has the know-how to fight for you.
Hire a Dedicated, Experienced Attorney
Frank Schwartz, P.A. has over 20 years of experience in criminal defense law. If you’ve been charged, we want to help. We have successfully tried upwards of 100 state and federal criminal cases. That’s over 100 futures and families protected.
As a former prosecutor, Attorney and Founder Frank Schwartz offers a one-of-a-kind understanding of the laws behind white-collar criminal offenses. Backed by his knowledge, we can take on a variety of charges leveled against working professionals. We will tailor our defense strategies to fit your individual needs.
Reach us online or call (305) 707-7770 for your free consultation! Se habla español.
What Is White-Collar Crime?
The term "white-collar crime” applies to non-violent, fraud-based crimes committed by working professionals for their own financial benefit. It can be found in both the private and public sectors.
Monetary value is the primary motivating factor when a white-collar crime is committed. People charged with these crimes are usually in positions of power, meaning at an executive or corporate level. They are often hit with related federal charges at the same time.
Common Types of White-Collar Crime
Some of the most common white-collar offenses we defend against include:
- Antitrust violations: violation of laws that are created to protect trade & commerce from abuse; restraining competition and restraining efforts to acquire monopolies
- Bank fraud: the act of using deceptive practices to steal money or assets from banks or financial institutions
- Bribery: the act of offering or accepting something of value to influence a public authority, government official, or employee's decision/action
- Conspiracy to commit fraud: two or more individuals scheming to commit fraud with one another
- Counterfeiting: the act of distributing or manufacturing goods under another person's name without their permission
- Credit card fraud: the theft of an individual's credit card information with the intention to make purchases and remove funds from it; a form of identity theft
- Embezzlement: misappropriating assets that have been entrusted to an individual or entity
- False Claims Act, or Lincoln Law, violations
- Foreign Corrupt Practices Act (FCPA) violations
- Forgery: the producing of a fake document, modification of documents, or use of unauthorized signatures
- Insider trading: using information that is not available to the public as a means to buy and sell stocks
- Intellectual property theft/violations: robbery of a business' or individual's ideas, creative expressions, or inventions in order to make a profit
- Medicare fraud and other health care fraud
- Money laundering
- Mortgage fraud: when a person lies or omits vital information to get loan approval
- Ponzi schemes: the act of paying current investors with the funds you collect from new investors
- Real estate fraud: providing false information for a fraudulent real estate transaction with the intention to obtain money
- Securities fraud
- Tax evasion: using illegal means to not pay or under pay on taxes; providing false information or false declaration
- Racketeering/RICO violations: an organized scheme that may include different crimes during a period of time; typically affects commerce, occurs at organizational level, and includes a pattern
Although each of these crimes does not involve any type of violence, most are treated as felonies under state law. Each has its own penalties upon conviction.
Protect your life, your rights, and your future; make sure you have a strong defense.
Corporate Crime vs. White-Collar Crime
While white-collar crimes are committed for the benefit of the individual worker, corporate crimes are those that are committed for the benefit of the company as a whole. Usually, more than one person is behind a corporate crime.
It follows that white-collar criminal charges are brought against a single person. On the other hand, corporate criminal charges are typically brought against executives/individual actors and the company itself.
White-Collar Crime Penalties in Florida
With the Justice Department cracking down on white-collar crime, anyone charged with this type of crime should secure top-notch representation as soon as possible. Prosecutors are liable to make an example out of these cases—a publicly announced crackdown only fuels that fire.
Common white-collar crime penalties upon conviction include:
- Hundreds or thousands of dollars in fines
- Prison time ranging from months to years
- Ruined professional reputation
- No right to vote
- No right to own a gun
- Criminal record
The penalty will certainly depend on the extent and facts of the crime. Still, any of the above penalties can upend your life and lead to great hardship. In the worst cases, a conviction can also negatively affect your family’s quality of life.
How to Get Charges Reduced, Dropped, or Dismissed
Our Miami white-collar crime attorney always works to secure the best outcome possible for every case.
Sometimes, it is possible to get charges dropped or dismissed with common defenses (see below). If the prosecution has a strong case against you, reduced charges or a lighter penalty may be possible through a plea bargain.
Regardless of the case you’ve found yourself in the middle of, we can help you find a path forward.
Defenses for White-Collar Criminal Charges
It is wise to work with a trained white-collar criminal defense lawyer to protect yourself and your family. Our team at Frank Schwartz, P.A. won’t waste time in investigating your case. We’ll look to find and develop a strong defense strategy.
Some of the most common defenses for white-collar crimes include:
- Entrapment: if you only committed a crime because someone, such as a law enforcement officer working a sting operation, trapped you into committing it.
- Intoxication: if you were under the influence of alcohol or drugs at the time of the alleged crime.
- Lack of intent: if the alleged crime was unintentional.
- Constitutional rights violations: if law enforcement violated your right to privacy, your Miranda Rights, or other protected rights while building the case against you.
Talk to a White-Collar Criminal Defense Attorney
At Frank Schwartz, P.A., we handle cases both in and out of court. Hiring our firm means getting full access to trusted legal advocates. You can expect honest counsel, proven defense strategies, and personalized legal services. With us, you can rest assured that your case will be given the time and attention it needs.
We won’t back down when fighting for you! We service clients facing white collar criminal charges throughout Florida in the following areas North Miami, Aventura, Hialeah, South Miami, Kendall, Brickell, North Miami Beach, and Miami Beach.
Protect your future. Call (305) 707-7770 to speak directly with a Miami white-collar crime lawyer.
Frank Schwartz is a Miami attorney who concentrates his legal practice in the area of criminal defense. Mr. Schwartz is proud to have established a highly successful and effective criminal defense trial practice in South Florida.