White Collar Crime Appeals
If you’ve been convicted of a white collar crime, then you’re probably aware that sentences in this type of federal crime don’t always stick. In fact, federal white collar crime appeals are incredibly common – and successful. Don’t remain under the impression that your white collar crime conviction is here to stay. Connect with Brownstone Law to review your case.
Contact our White Collar Crime Appeals attorneys today at 1-888-233-8895.
The federal appeal lawyers for white collar crime at Brownstone Law can help you file White Collar Federal Crime Appeals that will grant you a second hearing, lessen your charges, or dismiss the charges entirely. Below you’ll find some of the main types of White Collar Crime Appeals that your Brownstone Law’s business crime appeal lawyer can help you with. Return to our main federal appeals page.
Tax Evasion / Tax Appeal
If you’ve been charged with tax evasion, a Brownstone’s federal tax evasion appeal lawyer can help you go through the tax appeal process. While it’s difficult to get out of paying taxes in the long run, our legal team can help you at least negotiate with the IRS or the state in order to lessen your tax burden or fight the department of justice charges. We’ve helped hundreds of clients deal with tax evasion already. Why not you?
Embezzlement & Bank Fraud
Embezzlement charges and bank fraud charges are two other common types of white collar crime. Appeals of this nature can take place on the local, state, and federal level, depending upon your conviction. Don’t let embezzlement and bank fraud put an end to your career. Your federal embezzlement appeal lawyer may be able to help you get the charges dismissed.
Racketeering & RICO
Racketeering refers to the unethical business practice of creating a problem and selling a solution. Instances of racketeering are commonly prosecuted under the United States federal law known as RICO (Racketeer Influenced and Corrupt Organizations Act). You may have been unknowingly a part of a racketeering business plan. Find out how our legal team can help you in this white collar crime appeal.
Contact our White Collar Crime Appeals lawyers today at 1-888-233-8895.
What are White-Collar Crimes?
Any non-violent crimes committed for the motive of unlawful gains in the context of business and commerce are known as “white-collar crimes”. Following are some examples of white-collar crimes–
- Money laundering
- Credit card fraud
- Identity theft
- Insider trading
- Securities fraud
- Internet fraud
- Mortgage fraud
- Health care fraud
Most of these white-collar crimes can overlap each other, i.e. one can face a number of charges even though they might have committed only a single crime.
How to Defend Against White-Collar Crime Charges?
The convicted may get charged with stiffer penalties, as most of the white-collar crimes are typically tried under federal law, despite individual states having their own sets of laws to regulate such white-collar crimes. Our highly experienced federal white collar crime defense lawyers are well versed about the ins and outs of white-collar crime regulations. They will investigate your case, give you the defending options available to you and make sure that your rights are protected. Our federal appellate lawyers also have an outstanding pre-trial track records for alternatives such as non-trial mitigation, plea bargain and dismissal of charges. In situations where your case does go to trial, our lawyers shall explore all the post trial options for you and help you appeal for reduction of your sentence.
Money laundering, embezzlement and other white-collar crimes convictions are usually charged with heavy penalties that include substantial fines and a lengthy prison term. Such charges may also damage the individual’s personal and professional reputation. While you are being investigated for money laundering or healthcare or medicaid fraud federal appeals. we suggest you to contact a defense lawyer immediately instead of waiting for the charges to be put up against you.
Various strategic arguments are available for the convicted. The most common form of white-collar defense includes challenging, or discrediting the state’s prima facie case. The states should be able to provide both authentic and admissible evidences in order to substantiate that the defendant is guilty beyond a reasonable doubt.Beyond a reasonable doubt is the highest burden of proof imposed in American law today. It suggests that the state must be able to back their evidences with proofs to prove that the defendant is guilty to a moral certainty.
Entrapment is a defense argument through which the defense tries to refute the strength of the government’s prima facie case. This method of defense argument involves law enforcement agents, tempting and persuading someone to get involved in performing an act of crime, that he/she would not have otherwise. Once the defendant raises such a challenge to the government’s case, it becomes the government’s duty to prove that there had been no attempts at entrapment of any kind.
Major punishments faced by the convicts of white-collar crimes include monetary losses investigated by the FBI as it involves heavy fines confiscation of property. Some criminals even face significant jail time for such convictions under the state law and the federal law. A conviction may also inhibit liberty and freedom through punishments such as home detention, residence in a minimum-security facility and supervised release.
Federal Sentencing Guidelines
Initially, the federal judges referred to the Federal Sentencing Guidelines Manual to uniformly impose penalties and sentences for white-collar crimes. However, it was only in the year 2005 that the United States Supreme Court discovered that the guidelines they had been referring to were unconstitutional (U.S. v. Booker, 543 U.S. 220 (2005).). The Supreme Court then instructed the judges to only use these guidelines as an advisory framework that would merely suggest the type of sentence that is to be imposed and not as a mandatory guideline. It is because of this ruling that the criminal defense counsel is able to fight for an appropriate sentence for the convicted in the Supreme Court.
Money Laundering, Fraud and White-Collar Crimes
Fraudulent actions taken by the convicts are often designed to cover their true source of income (an illegal enterprise). These are the most common types of money laundering charges that the federal government deals with. White-collar fraud cases are similar to drug cases as a typical money laundering case involves the set up of a shell business to cover up any illegal activity taking place and to sanitize the illegal gains from such activities.
Money laundering charges usually overlap with other white-collar charges such as embezzlement and fraud. In addition to this, money laundering crimes are often combined with drug offense ranging from RICO violations to sale/purchase of narcotics along with possession with intent to distribute drugs.
What Are Your Rights During White-Collar Crime Investigations?
One should never speak to the police or any official without the presence of their federal white-collar crime appeal lawyer. Although you might not have anything to hide, you could unintentionally make an incriminating statement or unconsciously waive your constitutional rights. Moreover, without a search warrant you are not required to allow any form of searches of your property, vehicle and anything that you own. The first step to legally protect yourself is to invoke your right to an experienced defense attorney.
Various Formulas for Determining Loss in Fraud and White-Collar Cases
Intended versus Actual Loss under 2B1.1
In United States v. Ebbers, 458 F.3d 110 (2nd Cir. 2006), regardless of the arguments concerning:
- lay-offs affecting 70,000 employees
- sharp, planned reductions in capital expenditures
- the elimination or deferral of dividends,
- the abandonment of non-core businesses. Read more about this Federal White Collar Crime Appeals
the court was not able to believe that these factors could have been responsible for the decline of stock for 35 percent or more and that should decrease the loss.
1. Reasons of loss factors
- performance analysis of the company as a contributing factor
- the loss should be the result of the fraud
- United States v. Olis, 429 F.3d 540, 547 (5th Cir. 2005). This case defines numerous factors, not just the fraud by the accused, which contributed to the stock price decrease that could have affected the way that loss is calculated.
2. Loss versus Gain
This revolves around the personal gains by the party, corporation or person from the fraudulent act. The dump and pump schemes relate to this analysis. See United States v. Munoz, 430 F.3d 1357, 1371 (11th Cir. 2005) (cert. denied, 126 U.S. 2305 (2006) according to which “The sentencing Court would be justified in using defendant’s gain to assess loss given that it was arguably difficult to determine customers’ loss in misbranding case.” In addition to this see United States v. Yeager, 331 F.3d 1216, 1225-26 (11th Cir. 2003) according to which “The court was unable to reasonably estimate the loss and, as such, used defendant’s profit as an analysis for guidelines purposes.”
3. Fair Market Value: time of the fraud versus economic changes (Mortgage Fraud Cases)
In United States v. Confredo, 528 F.3d 143 (2nd Cir. 2008), loss of causation where an “expectation of payment” was the intent. See also United States v. Kopp, 951 F.2d 521 (3rd Cir. 1992) where “the Third Circuit disagreed with the Second Circuit analysis siding instead with the Seventh Circuit (United States v. Schneider, 930 F.2d 555 (7th Cir. 1991))in finding that it was simple but irrational to treat all frauds as equivalent to thefts.”
In some fraud mortgage cases you would observe that the mortgage fraud took place due to the over-inflation of the real value of a specific property which leads to the acceptance of the front load money but failure of the value of property to reach that level. Hence, the inflated value that was a result of the fraud versus the actual value of the property gives you the loss. Therefore, with the economic circumstances facing a downturn along with other factors that are related to over time declines in real estate which are not related to foreseeable or controllable factors, should be increased to reduce the loss (Foreclosure sale, obtaining averages to actual mortgage).
4. Equities Securities – Corporate Assets –Receivables to decrease fraud values (Generally accepted accounting principles (GAAP))
Even when declines occur in a company due to the occurrence of fraud, there are certain assets available with the company that could be liquidated in order to give value to what the initial losses might show. The value of the corporate loss could be offset due to the existence of buyouts. Bailouts are also highly significant and the difference between what the inflate value of the stock is and what the actual value is can increase/ decrease between the time of fraud and the time when the case is set for trial and sentencing. There can be a rebound of stocks even if the fraud has been identified. A delay in the sentencing prove to be helpful in such situations. One has buyouts, bailouts and then one has recovery interests that could be beneficial in analysis of loss. Refer to Endura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336, 343 (2005) referencing Ebbers, 458 F.3d at 127 where market capitalization loss analysis is discussed by Ebbers.
5. Scope and Duration of the Offense: Revenues or losses generated by similar operations
This method is a way of comparing other companies on the basis of their average financial situations during the same duration of time as the fraud along with the recovery period taken in order to determine whether the loss is limited in substance and time. United States v. Rutkoske, 506 F.3d 170 (2nd Cir. 2007) and also Emergent Capital Investment Management, LLC v. Stone Path Group, Inc., 343 F.3d 189 (2nd Cir. 2003) are some cases to refer since they contain an analysis of when the fraud was defined versus certain market effects that led to a greater loss than that incurred by the fraud. These cases highlight the intervening events that tend to affect how impactful or grave the fraud conduct itself could be on the substantive loss analysis.
Contact our federal appellate lawyer Robert Sirianni.
- Capitalization of the Market
- Adelphia – USA v. Rigas & Rigas, 1:02-cr-01236 (S.D.N.Y. July 11, 2008)
- WorldCom – United States v. Ebbers, 458 F.3d 110 (2d Cir. 2006)
- Intended Loss
- tax benefit– Jamie Olis – Dynergys
- Actual Loss
- United States v. Olis, 429 F.3d 540 (5th Cir. 2005).
- United States v. Yeager, 331 F.3d 1216 (11th Cir. 2003)
- Quest – USA v. Nacchio, 1:05-cr-00545 (D. Colo. July 30, 2007) – insider trading
- United States v. Munoz, 430 F.3d 1357 (11th Cir. 2005)
- Economic Impact
- Fair Market Value (mortgage fraud)
- Credit against loss if dollars returned before caught United States v. Jones, 475 F.3d 701 (5th Cir. 2007) and United States v. Ekpo, 2008 LEXIS 3998 (11th Cir. 2008)
- United States v. Confredo, 528 F.3d 143 (2d Cir. 2008)
- Interest – bargained for
- No longer considered
- Specific Victim Impact
- Stock Value
- Stock Price
- United States v. Leonard, 529 F.3d 83 (2d Cir. June 11, 2008)
- Bailout Loans
- Corporate Assets
- Endura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005)
We can Help
Brownstone Law firm has extremely experienced and knowledgeable federal appellate attorneys. Our federal white-collar crime appeal lawyers are hired by clients from across the United States to represent their case before an appellate federal court in the country. We can professionally handle your Federal appeals and we are certified in every Appellate Federal court. The federal appeal lawyers at our firm handle both Federal Criminal Appeals and Federal Civil Appeals.
Connect with Robert Sirianni our federal appellate attorney at (888) 233-8895.
Your case will be reviewed by our firm’s federal appeal lawyers and they would provide you with the appropriate legal strategy and suggestions on how to proceed with your case. Get a free consultation at Brownstone Law firm by contacting our federal appeals lawyers at 1-888-233-8895. We are experienced in all appellate federal circuit courts and we represent clients in all federal circuit courts of appeal throughout the nation.
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