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11/4/2014

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11/5/2014

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11/6/2014

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White Collar Fraud

White Collar Fraud prosecutions are generally prosecutions for wire fraud, mail fraud, or money laundering in federal court. See our page on Federal cases for a general discussion on prosecutions in Federal Court.

Wire fraud and mail fraud are two of the most popular types of federal prosecutions that the government brings in White Collar Fraud cases. Mail fraud just means using the U.S. Mail to conduct business that the government thinks is fraudulent. For instance in a Health care fraud case, the mailing of a bill to an insurance company would be an instance of mail fraud if the business was engaging in fraud of any sort. Similarly, using email or other forms of electronic billing would constitute wire fraud if the business was engaged in fraud.

How the money is handled in a business can often lead to money laundering charges in White Collar Fraud cases. Cash transactions over $10,000.00 must be reported. It is also a crime to "structure" cash transactions to avoid the $10,000.00 reporting requirement.
For more information, see Phil's blog post on this White Collar Fraud subject: money laundering and cash reporting requirements and financial crimes and the 8300 form - part I
The receipt of funds from a business engaged in fraud can also be considered money laundering. The federal government is very aggressive in White Collar Fraud cases in charging clients with mail or wire fraud, along with money laundering and conspiracy charges.

Phil Reizenstein has extensive experience in defending business owners and business executives in White Collar Fraud investigations and prosecutions. The earlier a client consults Phil in the process, the more he can do to assist the client in possible heading off and stoping a White Collar Fraud Prosecution. Federal agents have a habit of "ambushing" targets of White Collar Fraud cases by showing up at their homes in the early morning and requesting to speak with the individual they are investigating. The agents won't read the person they are investigating their Miranda rights, because the person is not being arrested. Thus the person is unaware that anything they say to the agents can be used against them in court. No client should ever speak to a federal agent in a White Collar Fraud case without an attorney present.

Clients who are targets of White Collar Fraud investigations tend to be successful business owners. They are confident in their abilities, and sometimes this confidence can lead to over-confidence and they can make mistakes and missteps in the beginning of investigations that they wouldn't make if that had an experienced attorney advising them. Remember that Martha Stewart went to prison not for insider trading- which the FBI was investigating her for- but for lying to a federal agent. Martha Stewart made the mistake of voluntarily speaking with FBI agents without her lawyer present. She was confident, and it turns out- over-confident- in her ability to deal with federal agents. Don't make the same mistake Martha Stewart made. The first consultation with Phil or Jackie is free. All of our clients have our cell phone numbers so that if federal agents show up at their home at 6 a.m wanting to have a "voluntary discussion" about an investigation in to White Collar Fraud, they can call us immediately. When Bad Things (like federal agents investigating you) happen to good people, we can help.


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