The phrase “White Collar” crime was coined by Edwin Sutherland, an eminent criminologist in 1939 during a speech to the American Sociological Society. He defined White Collar crime as a “crime committed by a person of respectability and high social status in the course of his occupation.” White Collar cases frequently arise in circumstances different from other types and criminal cases. Defense attorneys must be equipped and prepared to the unique issues and greater complexity characteristic of White Collar cases.
Frequently, persons accused of crimes classified as white collar, such as business and securities fraud, tax evasion, and regulatory violations, arise from ordinary business disputes or innocent misinterpretations of regulations. Whether a White Collar defendant belongs in criminal court or subject to civil proceedings can be result from an overzealous prosecution and investigation. As a result, anytime an investigative agency contacts a company or person with a potential violation of law, legal representation must be immediately acquired. A belief on the part of the person contacted that they have violated no law will not prevent the investigation from being completed in a criminal court.
As reported in a 2009 study by the Wall Street Journal, the number of Federal regulations that carry criminal penalties cannot be accurately determined because of the complexity of the Federal Code, but were estimated in the 300,000 range! Business people and professionals can run afoul of these laws, and face criminal prosecution without ever understanding they were facing imprisonment, confiscation of assets, humiliation, loss of reputation and standing in their community.
Charles G. White has experienced first hand the criminalizing of regulations in his practice. He has handled unusual cases from dumping contaminated rice in the Pacific Ocean or selling honey posted as collateral for a Federal farm loan or trafficking in endangered species of frog, to all types of fraud, including but not limited to mortgage, health care and securities fraud. Mr. White has defended technical violations of currency reporting regulations that have been imaginatively and unfairly stretched into criminal prosecutions for money laundering, structured transactions and cash smuggling. Of course, many White Collar crimes have a criminal tax component. The best time to address these issues with the I.R.S. is when the auditing process starts. Frequently, the issue can be resolved in a way that can avoid criminal prosecution. Mr. White has successfully resolved tax issues with the I.R.S. without his clients being criminally prosecuted.
Charles G. White approaches every case with an innovative and aggressive plan of action that seeks to neutralize the excesses of overly zealous regulators, agents and prosecutors with his clients in their cross-hairs. Knowledge of the complexities of the law, the procedures used by Federal law enforcement and prosecutors, and the experience to build the most effective strategy at trial, are all tools that Mr. White uses to best defend his clients.
Charles G. White understands how a successful criminal prosecution of a person who lacks criminal intent can not only result in a lengthy term of incarceration, but prevent that person from ever having the opportunity to practice their profession or operate their business sufficiently to support his or her family. Mr. White employs a team approach utilizing investigators, forensic accountants as well as experts in the business practices being investigated. He utilizes every conceivable approach to help his clients weather the storm and preserve and protect their lives, families, liberties, and fortunes.
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