White Collar Crime Defense

White collar crimes are usually deceptive crimes committed by professionals for financial gain. They differ from other crimes in that they do not involve violence or force. White collar crimes are often very complex involving many different legal issues and factual documentation. It is of the utmost importance that you seek the counsel of an experienced Texas white collar crimes attorney to begin building your defense. Some white collar crimes include:

  • Wire fraud
  • Bribery
  • Extortion
  • Money laundering
  • Conspiracy
  • Accounting fraud
  • Counterfeiting
  • Securities and tax fraud
  • Forgery
  • Embezzlement
  • Lottery fraud
  • Health care and insurance fraud
  • Medicare fraud
  • Breach of fiduciary duty
  • Mail fraud

If you have been charged with a white collar crime or suspect you are being investigated, contact the Lawyers at Rush & Gransee, L.C. right away. Early intervention by a Texas white collar crimes attorney can mean the difference between your freedom and incarceration. We will work with on your behalf as early as possible in the process to resolve your charges quickly and effectively, limiting your legal exposure.

The white collar crime lawyers at Rush and Gransee, L.C. are particularly suited to defend claims that are often described as white collar crime. Often white collar crimes involve allegations of either State or Federal criminal statutes as well as civil forfeiture of any funds seized by the government. With extensive experience in both criminal and civil law Rush & Gransee, L.C. can defend the criminal matter while pursuing the return of the forfeited money or other items seized as well as taking whatever civil actions are necessary to protect your rights and property.

In a recent case the lawyers at Rush & Gransee successfully defended civilly and criminally an international money transfer business ("MTB") against various criminal and civil allegations of impropriety, including money laundering. In that particular case over $310,000.00 was seized from the MTB by the government and various allegations including money laundering were asserted by the government. Through quick and in depth legal work the government was forced to give back all of the seized money to the client and all criminal proceedings were dropped. In defense of the corporation and to protect its officers and employees we aggressively litigated the civil forfeiture action through the use of written discovery and video-taped depositions. The prosecution's cases, both civil and criminal, fell apart because of the aggressive use of the civil discovery rules.

The two most common white collar crimes alleged are money laundering and breach of fiduciary duties.

Money Laundering is often alleged if there are proceeds from an alleged criminal activity or if the funds were intended to be used in the pursuit of a criminal enterprise.

In the money laundering statute criminal activity is any offense that is a felony or punishable by confinement for more than one year. Funds include money, electronic fund transfer, checks, or even a certificate of stock. Proceeds are funds obtained directly or indirectly or realized through an act.

Money Laundering. The offense of money laundering is committed if someone knowingly obtains an interest in, holds, conceals, or even transports the proceeds of criminal activity. It can be enough even if you just make the transaction possible. Furthermore, if you offer to invest, spend, or obtain, the funds from criminal activity you may be guilty of money laundering; additionally, if you finance criminal activity or invest funds that you understand are to be used to advance criminal activity you may be guilty of money laundering.

It is not a defense that the defendant the does not understand the extent or specifics of the underlying criminal enterprise.

Another common white collar crime allegation is misapplication of fiduciary property. This is sometimes thought of as a common fraud. Misapplication of Fiduciary Property usually will involve a trustee, guardian, or an attorney or agent appointed under a durable power of attorney or anyone acting as fiduciary. Fiduciaries are people in positions of trust and because of that position of trust they are held to a higher standard. Misapply means to deal with property in a manner not according to an agreement as to how the property is to be held.

A person commits misapplication of fiduciary property if he recklessly misapplies property held as a fiduciary or property of a bank in a way that creates a substantial risk of loss.

The penalties for white collar crimes vary. Most of the laws include a monetary fine and/or a prison sentence. Maximum penalties can be oppressive and include fines of up to one quarter of a million dollars and up to 25 years in prison.

If you have been charged with a white-collar crime, contact the law office of Rush & Gransee, L.C. to learn how we can help you to protect your legal rights and represent your legal interests.