Crimes are not always violent. Sometimes people are accused of breaking the law by lying, cheating, or using deception instead of physical force. These are often called “white collar crimes.” Even though they don’t involve violence, they are still taken very seriously and can lead to long jail sentences, large fines, and other punishments. 

If you’ve been charged with this kind of crime, you need a knowledgeable white collar criminal defense lawyer who can plan a strong defense and work to protect your rights.

What Are White Collar Crimes?

A white collar crime is a crime where someone uses lies or dishonesty to get money or a business benefit. These are also called “financial crimes.” Instead of involving violence, they usually involve tricking people, hiding information, or breaking someone’s trust. There are many types of white collar crimes, including things like mortgage fraud, bank fraud, healthcare fraud, pyramid schemes, and public corruption.

Common examples of white collar crimes include:

• Counterfeiting
• Insider trading
• Money laundering
• Insurance fraud
• Wire fraud
• Ponzi schemes
• Identity theft
• Embezzlement
• Corporate fraud
• Securities fraud
• Tax evasion

Depending on the type of crime, different government groups may investigate a white collar case. These can include the Federal Bureau of Investigation, Financial Industry Regulatory Authority, the Securities and Exchange Commission, and various state agencies. 

Many white collar cases are handled in federal court, but some are handled by the state. No matter where the case ends up, there are several defense strategies a lawyer can use to try to lower the charges, get the case thrown out, or help you be found not guilty.

Common Defenses to White Collar Crimes

White collar crimes are handled the same way as any other crime, and the prosecution must prove you are guilty beyond a reasonable doubt. Often, there isn’t direct proof that the crime happened. Instead, many white collar cases rely on circumstantial evidence. This means the evidence doesn’t directly show what happened; the jury has to look at the clues and make reasonable inferences about what it suggests.

A skilled white-collar criminal defense lawyer might use several strategies, depending on the facts and evidence of the case. Here are some common ones:

Fourth Amendment Violations

One of the most common defenses in white collar cases is arguing that the police violated the Fourth Amendment. This part of the Constitution says the government cannot search you or take your property without a good legal reason. If officers got evidence in an illegal way and violated your rights, that evidence cannot be used in court.

Entrapment

Entrapment happens when the government pressures or encourages someone to commit a crime they normally wouldn’t commit. It is a special type of defense, which means the defendant has to prove it is true. To use this defense, the defendant must show they only broke the law because police pushed them into it or acted in a way that forced their decision.

Lack of Intent

Intent is very important in a white collar case. The prosecution has to prove two things: first, that the defendant did something illegal, and second, that they meant to do it and knew it was wrong. If the prosecution cannot show that the defendant acted on purpose, the charges cannot stand, and the case should be dismissed.

Duress

The defense of duress can be used when someone committed a white collar crime only because they were threatened. This could be a physical threat or a verbal one. If the defendant reasonably believed that harm would come to them or their family unless they went along with the crime, and they wouldn’t have done it otherwise, this can be a strong defense.

Insanity

In some cases, a defendant can argue that they shouldn’t be held responsible for a crime because they had a mental condition at the time and couldn’t understand what they were doing. This is often called the “insanity defense.” But even if this defense works, the person may still face consequences and could be required to spend their sentence in a mental health facility instead of a regular jail.

Intoxication

If a defendant was unknowingly or unwillingly under the influence of drugs or alcohol when the crime happened, they may be able to use the defense of intoxication. For example, if someone was drugged and couldn’t think clearly enough to form the intent to commit the crime, this can be a valid defense.

The Statute of Limitations

The government only has a limited amount of time to file charges for a white collar crime. This time limit is called the statute of limitations. The countdown starts when the crime is complete. If the government waits too long and the deadline passes, it can no longer prosecute the defendant for that crime.

Speak to a White-Collar Criminal Defense Lawyer Today

Understanding your options can make a major difference in how your case turns out. With the right defense strategy, you have a real chance to protect your future. 

Ryan Willis Law is committed to giving strong criminal defense to people facing serious charges in both state and federal court. The firm was founded by Ryan Willis, who used to be a Wake County Assistant District Attorney. He brings valuable experience to every case, having handled more than 30 jury trials from start to finish, including several not-guilty verdicts in federal court.

If you’ve been charged with a white collar crime, call Ryan Willis Law, PLLC at (919) 341-6294 or fill out the contact form on our website for help. An experienced attorney can review your case, explain your rights in plain language, and fight for the best possible outcome.