White Collar Crimes
Not all crimes involve force or cause bodily injuries. Some crimes are perpetrated by calculated acts designed to deprive a person or business of property or funds. Typically, these crimes are committed by financial professionals or other people in the business field and are therefore called white collar crimes. Although white collar crimes do not involve violent acts, they are serious crimes that carry significant penalties. Raymond A. Grimes is a New Jersey white collar crime lawyer who can assess the facts of your case and craft compelling arguments on your behalf to provide you with a strong chance of obtaining a favorable outcome. Mr. Grimes has more than 25 years of experience representing people throughout the tri-state area.
Many white collar crimes cross state lines, involve the United States Postal Service, or violate federal law. Thus, many of these cases are tried in federal court. Although the process of determining whether to charge a person with a crime differs between state and federal courts, the prosecution’s burden is the same. The prosecution must prove each element of the alleged crime beyond a reasonable doubt to obtain a conviction. In other words, the prosecution must show that a reasonable person could come to no other conclusion than that the defendant committed the alleged crime when presented with the evidence of record.Common White Collar Crimes
Many acts involving fraud may constitute a white collar crime, such as securities fraud. Securities fraud occurs when a financial advisor or broker engages in deceptive practices in order to deprive a client of his or her money. In other words, if a broker or financial advisor overtrades, provides a client with inaccurate information regarding an investment, or runs a Ponzi scheme, he or she may be committing securities fraud. These cases are complex, so it is important to consult a white collar crime attorney in New Jersey who is familiar with their nuances.
Embezzlement is another commonly committed white collar crime. Embezzlement occurs when a person, who is typically entrusted with managing another person’s or company’s funds, agrees to use or invest money or property in a certain manner but instead maintains the money or property as if it is his or her own. While embezzlement is not a specific crime under the New Jersey Code of Criminal Justice, it is typically charged as theft by taking.
Another example of a white collar crime is forgery. This occurs when a person falsifies or alters a document or signature with the intent to injure or defraud someone, or with the knowledge that the act will defraud someone. A common type of forgery is signing a person’s name to a check without the person’s consent.Potential Defenses in White Collar Crime Cases
The majority of white collar crimes require intent. In other words, the prosecution needs to establish that the defendant acted knowingly or took intentional steps to deprive another person of his or her property. Thus, in many cases, a New Jersey white collar crime attorney may be able to argue that the prosecution cannot prove that the defendant possessed the required mental state, and therefore he or she should not be convicted. For example, if the person merely acted negligently or mistakenly believed that he or she was permitted to engage in the acts out of which the charges arose, the prosecution’s case may fail. An attorney also may be able to challenge the admissibility of certain prosecution evidence, or argue that the prosecution does not have enough evidence to meet its burden of proof regarding a certain element of the crime.Consult an Experienced Criminal Defense Attorney
A conviction of a white collar crime may impair your rights and have a devastating impact on your reputation and your career. If you are charged with committing a white collar crime, it is prudent to speak with an attorney to discuss the steps that you can take to protect your rights. Attorney Raymond A. Grimes has ample experience defending people charged with many types of serious crimes, and he understands the high stakes in these cases. Mr. Grimes represents people who need a white collar crime lawyer throughout New Jersey, including people in Neshanic Station and Somerset County, as well as people across the tri-state area. You can contact Mr. Grimes via the form online or at 908-371-1066 to set up a consultation to discuss your case.