The attorneys of Barket Marion are fully aware of the scope and intricacies of white-collar crime and have successfully defended many clients accused of committing crimes such as insurance fraud, mortgage fraud, securities fraud, and embezzlement. We stand ready to defend you against charges at both the state and federal levels.
Defining White Collar Crime
White collar crime is a nonviolent crime committed through deceit and motivated by financial gain. In addition to the types of crimes mentioned above, white collar crime includes money-laundering, bribery, identity theft, forgery, computer, counterfeiting, and internet fraud.
Legal Skills Required to Defend Against White Collar Crime Charges
There are a number of important skills necessary for attorneys to successfully defend you when you have been charged with a white collar crime, including:
- Ability and resources to conduct thorough investigations and interviews
- Working knowledge of forensic accounting
- Ability to hire experts in pertinent fields, such as appraisers or accountants
- Strategies for cross-examining government informants
- Experience dealing with media attention
- Ability to maintain strict confidentiality
At Barket Marion, we pride ourselves on our comprehensive knowledge of white-collar crime and our creative approach to defending your rights with agility and tenacity.
Types of Fraud
Fraud, a crime that involves deceiving someone for monetary gain, is the common denominator in several varieties of white-collar crime. Types of fraud include the following:
Insurance fraud is committed when an individual commits any act with the intention of obtaining a fraudulent outcome from an insurance process. Insurance fraud may be committed by a claimant who is trying to receive a benefit to which he or she is not entitled, or by an insurer who deliberately denies a benefit which the claimant is entitled to receive.
An individual commits mortgage fraud when he or she misrepresents or omits information on a mortgage loan application to either  obtain a loan that the lender would otherwise not have agreed to or  to obtain a larger loan than could have been obtained had the lender or borrower known the truth.
The possibility exists that more than one person may be involved in a fraudulent loan transaction. Charges may be filed against the borrower, the loan officer who originates the mortgage, the real estate agent, the appraiser, a title or escrow representative or attorney, of any combination of these participants.
Securities fraud involves deception in the trading of securities, such as stocks. There are several types of securities fraud, including insider trading and providing misleading information to lure unwitting investors to put money into unstable or failing stocks.
Insider trading occurs when someone with inside information about a particular company or investment uses that information for personal gain in violation of his or her responsibility to the company. An example of such a crime would be an executive selling off stock because he is aware of the information in an earnings report before it has been released to the public.
Security fraud also occurs when an investor is lured into investing in a company by being given false or misleading information about the company’s prospects. In order to prove that securities fraud has taken place, however, it is necessary to prove that the individuals representing the company made statements that they knew, or reasonably should have known, were deceptive or misleading.
Embezzlement is also a common category of white-collar crime. Defined as improperly taking money from someone who has entrusted you with their funds, embezzlement may refer to an accountant stealing from a client or an employee stealing from an employer. In either case, the defendant in an embezzlement case has usually siphoned money from a business to which he or she has access to funds into a personal account.
Criminal Defenses Against White Collar Crimes in NYS
There are a number of defenses that can be used for those accused of committing white collar crimes. At Barket Marion, we are adept at evaluating which of these defenses is most likely to work in your individual case.
If you have been charged with a white collar crime in New York City or on Long Island, you are facing the possibility of severe punishment and should contact Barket Marion promptly. Our talented attorneys have a track record of aggressive criminal defense with successful outcomes.