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NYC White Collar Lawyers

The number of white collar crimes that are being prosecuted are generally on the increase currently, but many of those cases involve continual systemic errors in billing submitted for payment to various government agencies. This is especially true concerning the healthcare industry, as the codes for billing are changed regularly within the payment infrastructure. Of course, this example of white collar crime potential is ingrained in a behemoth billing infrastructure in conjunction with the current healthcare system. Some cases can be settled quickly, while other more serious cases of premeditated activity require more investigation and are often more difficult to defend. However, many defendants are still charged on weak or illegally seized evidence that can be defended successfully when you have an experienced and aggressive New York white collar crime attorney.

White Collar Crime in the Digital Age

One type of white collar crime that seen an upswing is unauthorized use of credit card numbers and identity theft in general. These cases do not always include organizations and can be perpetrated by an individual behind a computer who can hack into sensitive information storage areas after personal financial information. Information is power, and in white collar crimes, the power is usually to secure access to funds illegally. With the massive amount of financial information that is transferred on a daily basis, sometimes even the appearance of illegal activity can result in significant investigations that lead to charges against individuals with minimal intent or standard human error. These types of cases are always open for mediation potential unless there is a large amount of money involved that may elevate the charges to major felony status. Having an experienced New York white collar crime attorney is no longer a luxury. The increase in white collar crime investigation numbers and enhanced penalties for convictions make representation essential for both organizations or private individuals because even one conviction can ruin lives and result in failed businesses.

Various Types of White Collar Crime

While many white collar crimes do include a major paper or information trail that can lead investigators to clear criminal activity, many of the types of conventional white collar crime are still common. Those various crimes include:

These types of crimes are still occurring regularly and prosecutors are serious about convictions when there is ample evidence to charge an individual or a particular agency with criminal behavior. However, this does not mean that the government is entitled to a conviction. This is the case regardless of the local, state, or federal level of the investigation office, and having an experienced New York City white collar crime attorney defending your constitutional rights is becoming more important than at any prior time in history. No longer is white collar crime merely applied to cases of “crime committed by a person of respectability and high social status in the course of their occupation.” Now even the average person operating a business in a digital environment can be susceptible to charges that could actually stem from a criminal actor stealing personal information and using the identity of the charged individual.

Search Warrants in White-Collar Cases

In white-collar criminal cases, the federal government has been utilizing search warrants more often than it had been in the past. While getting arrested can be a harrowing experience, finding yourself the subject of a search warrant can be almost as bad. Imagine arriving at work one morning and finding federal law enforcement officers rifling through your workplace. Even worse is waking up to find them at the door of your home, intent on searching it.

What Rules Apply to Search Warrants

In the United States, the Constitution specifies the conditions a search warrant much fulfill in order to be considered valid. The Fourth Amendment to the Constitution specifically states: “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

But what exactly does this mean?

Foremost it means that law enforcement must demonstrate that there is probable cause to think that — if a judge issued a search warrant — law enforcement officers would discover proof of a crime. In federal cases, federal agents must issue what is called an affidavit, which lists facts pertaining to the case, and they must deliver it to a federal judge. This judge, who is typically a magistrate judge, will then determine if there is sufficient evidence to justify the search warrant.

A search warrant also specifies how law enforcement officials can conduct a particular search. It limits the location(s) of a search and what evidence officers may seize as evidence. This means that holders of a search warrant cannot search locations not specified in the search warrant, nor can they seize any item not specifically indicated in the warrant.

What Are the Implications of the Federal Government Receiving a Search Warrant for Your Place of Work

If federal law officers have received a search warrant for your place of work, this means that they have facts that indicate a crime was committed there. It further means that they presented these facts to a federal judge and that this person agreed that there was probable cause to search your workplace.

If the federal government has received a warrant to search your place of work, you should carefully consider what they could be looking for. Also consider if you are involved in this case in any way, and, if so, you should strongly consider hiring an attorney.

While they are investigating a crime in a workplace, federal agents will frequently ask questions relating to the investigation to those working there. The FBI often surprises a witness by asking these questions during the course of the search, knowing that this surprise can lead to a witness saying something that they can use against them later in a court of law.

Having federal agents interview you during the execution of a search warrant can be a frightening experience, especially as this could lead you into making incriminating statements. But these interviews can also help you discover the exact nature of the investigation.

Keep in mind that federal agents — when executing a search warrant — may collect items from your workplace. This can include computer equipment and storage devices as well as phones. They are doing this in order to find evidence on them, such as incriminating emails or texts.

Often, federal agents will make copies of storage devices and then return them to you so that you can use them. They will further allow you and your attorney to see what information they took from your workplace. But, before this happens, agents must first send this information to a computer lab, which can take a significant amount of time.

What Should You Do If You’re Under Investigation For A White Collar Crime?

Facing a criminal charge or even a criminal investigation is never easy. It is likely that even the most prepared individual will find such an investigation an unfamiliar situation that is as confusing as it is urgent.

When it comes to white collar crime, most suspects would consider themselves to be fairly sophisticated. This level of confidence can sometimes lead to a situation where such a suspect believes that they can talk their way out of it. More often than not this leads to a worse situation than what they originally faced.

The reality of any investigation is fairly simple. If you are facing any kind of a criminal charge, especially something is potentially complicated as white collar crime, it is vitally important that you take certain steps in order to protect your rights. Among your first priorities should be to hire an attorney.

Remain Silent

One of the first pieces of advice your attorney will give you is to remain silent. Under no circumstances should you engage any investigator, the police or any law enforcement representative of any kind in a conversation regarding your charges. You should not answer any questions. You should not provide any information. As a matter of fact you should not have any conversations with law enforcement at all.

The reason for this level of caution is because uninformed individuals suspected of a crime can very easily further implicate themselves or create a situation where they give investigators more justification for inquiry than they originally had.

If you are facing questions from law enforcement, every question should be referred to your attorney. You should remain absolutely silent and answer no questions any kind.

Consent to No Search

The second thing your attorney is going to advise you to do is to assert your Fourth Amendment right to privacy. Under no circumstances should you ever authorize a search of anything you own or that you control. In some circumstances you may find yourself in a situation where you have no ability to prevent a search. Sometimes the property being searched doesn’t belong to you, and at other times the property being searched doesn’t necessarily legally subject you to an invasion of privacy.

At all other times, however, you should consistently invoke your rights to privacy. Insist law enforcement obtain a warrant. Give your attorney the opportunity to challenge each warrant if it is legally insufficient. Remember even if you are suspected of a crime you still have rights under the Fourth Amendment to the Constitution.

Privilege

Another principal reason for obtaining legal counsel as quickly as you can is because everything you tell your attorney and everything that you provide your attorney for your defense is privileged. What this means is any conversation between you and your attorney regarding the case cannot ever be used against you as evidence either at trial or anywhere else.

Even if you were to confess outright to the crime you are charged with, that information cannot ever be used against you. The reason your conversations with your attorney are privileged is because the Sixth Amendment to the Constitution guarantees you the right to competent counsel for your defense.

Under our system of law it is considered more important that a defendant be able to have frank conversations with their attorney than it is for the prosecution to have the power to use that information against them. This is a matter of public policy and it is one of the key safeguards built into our legal system that prevents defendants from being charged unfairly based on evidence the prosecution should never have.

Your attorney is a key individual in your defense for obvious reasons. It is easy for people who have no experience in legal matters to imagine they are meant to face these difficulties by themselves. Nothing could be further from the truth. You should obtain competent and experienced legal counsel at your earliest opportunity if you are facing any kind of criminal charge. There is simply too much at stake for any other course of action.

What Should You Do If You’re Under Investigation For A White Collar Crime?

Facing a criminal charge or even a criminal investigation is never easy. It is likely that even the most prepared individual will find such an investigation an unfamiliar situation that is as confusing as it is urgent.

When it comes to white collar crime, most suspects would consider themselves to be fairly sophisticated. This level of confidence can sometimes lead to a situation where such a suspect believes that they can talk their way out of it. More often than not this leads to a worse situation than what they originally faced.

The reality of any investigation is fairly simple. If you are facing any kind of a criminal charge, especially something is potentially complicated as white collar crime, it is vitally important that you take certain steps in order to protect your rights. Among your first priorities should be to hire an attorney.

Remain Silent

One of the first pieces of advice your attorney will give you is to remain silent. Under no circumstances should you engage any investigator, the police or any law enforcement representative of any kind in a conversation regarding your charges. You should not answer any questions. You should not provide any information. As a matter of fact you should not have any conversations with law enforcement at all.

The reason for this level of caution is because uninformed individuals suspected of a crime can very easily further implicate themselves or create a situation where they give investigators more justification for inquiry than they originally had.

If you are facing questions from law enforcement, every question should be referred to your attorney. You should remain absolutely silent and answer no questions any kind.

Consent to No Search

The second thing your attorney is going to advise you to do is to assert your Fourth Amendment right to privacy. Under no circumstances should you ever authorize a search of anything you own or that you control. In some circumstances you may find yourself in a situation where you have no ability to prevent a search. Sometimes the property being searched doesn’t belong to you, and at other times the property being searched doesn’t necessarily legally subject you to an invasion of privacy.

At all other times, however, you should consistently invoke your rights to privacy. Insist law enforcement obtain a warrant. Give your attorney the opportunity to challenge each warrant if it is legally insufficient. Remember even if you are suspected of a crime you still have rights under the Fourth Amendment to the Constitution.

Privilege

Another principal reason for obtaining legal counsel as quickly as you can is because everything you tell your attorney and everything that you provide your attorney for your defense is privileged. What this means is any conversation between you and your attorney regarding the case cannot ever be used against you as evidence either at trial or anywhere else.

Even if you were to confess outright to the crime you are charged with, that information cannot ever be used against you. The reason your conversations with your attorney are privileged is because the Sixth Amendment to the Constitution guarantees you the right to competent counsel for your defense.

Under our system of law it is considered more important that a defendant be able to have frank conversations with their attorney than it is for the prosecution to have the power to use that information against them. This is a matter of public policy and it is one of the key safeguards built into our legal system that prevents defendants from being charged unfairly based on evidence the prosecution should never have.

Your attorney is a key individual in your defense for obvious reasons. It is easy for people who have no experience in legal matters to imagine they are meant to face these difficulties by themselves. Nothing could be further from the truth. You should obtain competent and experienced legal counsel at your earliest opportunity if you are facing any kind of criminal charge. There is simply too much at stake for any other course of action.

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