White Collar Crime Attorneys in Warren, NJ Defend Business Leaders
Staunch defense to charges of criminal misconduct by company officers
Traditionally, “white collar crime” referred to nonviolent economic crime that required particular professional skill to carry out. Often, this involved embezzlement of funds by a fiduciary charged with overseeing an account, but it always involved deliberate, thoughtful criminality. Today, business owners and corporate officers must contend with so many state and federal regulations that it has become easy to become a felon on a mere technicality. Although true white collar crime still exists, too many criminal charges result from overzealous enforcement of inadvertent infractions. If you’ve ever wondered why so many accused “white collar criminals” get convicted of “covering up the crime” but not the underlying offense, it’s because proof of the underlying offense was lacking, but the accused panicked and did something rash. At Herold Law, P.A., we provide proactive defense counsel for companies and corporate officers to resolve white collar crime accusations with minimal disruption and limited consequences.
Common white collar crimes and penalties in New Jersey
It is possible for an alleged white collar crime to only violate state law, making it a crime (felony equivalent) in New Jersey, with a potential prison sentence of many years. However, factors such as the interconnected nature of our economy, the existence of federal regulations, and the tendency of commerce to cross state lines tend to make white collar crimes federal offenses. Typical charges include:
- Criminal conspiracy
- Insider trading and self-dealing
- Intellectual property theft/piracy
- Money laundering
- RICO violations
Many federal agencies, such as the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Bureau of Investigation, pursue charges for white collar crimes. These are well-trained, highly skilled professionals with every incentive to pursue convictions aggressively. To minimize the consequences of a federal investigation, and avoid any appearance of attempting to obstruct justice, you need experienced and knowledgeable legal representation. When disputes arise, we represent clients before the Internal Revenue Service, the U.S. Tax Court, the U.S. Court of Federal Claims, U.S. district courts, the New Jersey Division of Taxation, and the Tax Court of New Jersey.
Fraud and other economic crimes in New Jersey
Simply put, fraud is theft by deception. The authorities must prove the defendant got something he wasn’t entitled to by fooling the victim, generally with a false promise or a false claim. Common examples of fraud are:
- Bank fraud
- Corporate fraud
- Healthcare fraud
- Identity theft
- Insurance fraud
- Investment fraud/Ponzi schemes
- Mail and wire fraud
- Mortgage fraud
- Real estate fraud
- Securities and commodities fraud
Truth, fair dealing, and innocent error are defenses to fraud. A customer may be dissatisfied with a product or service, but even widespread customer dissatisfaction is not sufficient to prove fraud. Our attorneys focus on resolving allegations on terms favorable to our clients by engaging in talks with investigative authorities in state and federal agencies.
Proactive counsel during investigations leads to favorable resolutions
Very often, innocent oversights or noncriminal negligence can prompt investigations that may lead to criminal charges. Exaggerated complaints from disgruntled current and former employees, partners, or shareholders posing as “whistleblowers” can also bring a company and its officers under the microscope of enforcement agencies. When this happens, it’s generally beneficial for a company to “get out in front of the story.” At Herold Law, we urge clients not to wait until charges are referred to seek defense representation. Our attorneys counsel key witnesses and targets of investigations on the best strategies for limiting the scope of investigations, the interference with business operations, and the exposure of the company and its officers. In many cases, if we begin early enough, we can negotiate a resolution to a white collar crime investigation that avoids the filing of criminal charges, especially secondary charges for obstruction of justice.
Contact our experienced trial lawyers for white collar crime defense in Warren, NJ
The attorneys at Herold Law, P.A. help businesses and their officers manage investigations and prosecutions of alleged white collar crime. To schedule a consultation, call 908-360-1394 or contact us online. From our Warren office, we assist clients throughout the State of New Jersey in many counties, including, but not limited to, Bergen, Essex, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, and Union.