White Collar Crime Attorney in Sacramento

Direct Penalties (Federal):

Federal penalties for white collar crimes tend to be more severe, with longer prison terms and larger fines, heavily influenced by the U.S. Sentencing Guidelines. The "loss amount" is a primary factor in federal sentencing.

• Mail/Wire Fraud: Up to 20 years in federal prison per count, and fines up to $250,000. If involving a financial institution or federal disaster relief, penalties can be up to 30 years and a $1,000,000 fine.
• Bank Fraud: Up to 30 years in federal prison and fines up to $1,000,000.
• Securities Fraud: Up to 25 years in federal prison and substantial fines (potentially millions).
• Money Laundering: Up to 20 years in federal prison per count and fines up to $500,000 or twice the value of the laundered funds.
• Tax Evasion: Up to 5 years in federal prison per count and fines up to $100,000.

A white-collar crime conviction leads to severe and lasting consequences beyond direct legal penalties. It results in a permanent criminal record, significantly limiting future employment opportunities (especially in finance or government) and often causing the suspension or permanent revocation of professional licenses, effectively ending careers. Accusations and convictions also cause profound reputational damage, potentially leading to financial ruin through high legal costs, fines, restitution, and asset forfeiture. For non-U.S. citizens, such convictions trigger severe immigration consequences, including deportation, while all felons face the loss of civil rights like voting and firearm possession, and may be subject to parallel civil lawsuits from victims.

Potential Defenses Against White Collar Crimes in Sacramento

• Lack of Criminal Intent: Arguing that alleged wrongdoing was due to mistake/error, good faith misunderstanding of the law, reliance on professional advice, or negligence, rather than willful intent to defraud.
• No Actual Loss/Harm: Challenging the prosecution's proof of economic loss or harm to the victim, or disputing the causation/amount of alleged loss.
• Insufficient Evidence: Highlighting weaknesses, inconsistencies, or lack of credible evidence to argue for dismissal or acquittal due to reasonable doubt.
• Constitutional Violations: Filing motions to suppress evidence obtained in violation of your rights (e.g., illegal searches, coerced confessions).
• Duress or Coercion: Asserting that the alleged crime was committed under threat of harm.
• Entrapment: Arguing that law enforcement improperly induced you to commit a crime you otherwise would not have.
• Statute of Limitations: Seeking dismissal if charges are brought beyond the legally prescribed time limit.
• Challenging Aggregation of Charges/Loss: Disputing the prosecutor's method of combining multiple small transactions to reach felony thresholds or enhance sentences.

Outside professionals may be needed to build your defense against a white collar crime. Forensic accountants can analyze financial records and provide testimony. Computer forensic experts can examine computers, hard drives, and servers for electronic evidence. This can be crucial in fraud, embezzlement, or insider trading cases. 

The specific outside professionals you may need will depend on the nature of the white collar crime charges you face. Your attorney can help determine the most helpful experts in your defense.

Steps to Take if You Are Accused in Sacramento

Taking prompt and proactive steps is critical if you are under investigation or arrested.

1. Contact a defense attorney immediately. A qualified attorney can help you understand your rights and guide you through the legal process.
2. Do not speak to law enforcement or investigators without an attorney present. Anything you say can be used against you in court.
3. Gather evidence. Collect any documents or evidence that may be relevant to your case. This could include financial records, emails, or other correspondence.
4. Cooperate with your attorney. Follow your attorney's advice and instructions carefully. They are there to protect your interests.
5. Avoid discussing your case publicly. Anything you post online or divulge to others can be used against you in court. It is best to avoid social media altogether while under investigation.