White-Collar Federal Crimes Defense

Defending Against White-Collar Federal Charges

White-collar crimes are non-violent offenses that typically involve false statements to obtain something of value (usually money). This can consist of fraud, financial deception, or regulatory violations. These cases are aggressively prosecuted by federal agencies such as the FBI, SEC, IRS, and DOJ, often carrying severe penalties because of the large amounts of money involved, including prison time, heavy fines, and asset forfeiture. If you are under investigation or facing charges, having an experienced Charleston federal white-collar defense attorney is crucial to protecting your rights and future.

Common Types of White-Collar Federal Crimes

White-collar charges often involve complex financial transactions and extensive investigations. Common offenses include:

1. Wire Fraud & Mail Fraud (18 U.S.C. §§ 1343, 1341)

Wire Fraud and Mail Fraud are the most commonly charged federal white-collar crimes because they cover a wide range of conduct. Although there may have been a time when “wire transmissions” were not standard, they are now involved in everyday life. Any activity that uses a cell phone or the internet will qualify as a “wire transmission.” And for wire fraud to be charged, the fraudulent transaction does not need to occur electronically, instead wire transactions need to be involved in the scheme. For example, if a person promises a friend to sell them a car for $50,000.00 when they don’t actually have title to the car and agree in person, but the funds are sent via Venmo, it would qualify as wire fraud. Mail Fraud simply uses the mail instead of a wire transmission. Both involve:

  • Using electronic communications (email, phone, text) or the postal system to commit fraud.

  • Common in schemes involving investment fraud, online scams, or business misrepresentations.

2. Bank Fraud (18 U.S.C. § 1344)

Bank Fraud is similar to wire and mail fraud. However, it involves false information or representations to a federally insured institution:

  • Fraudulently obtaining money, credit, or assets from a financial institution.

  • Includes loan fraud, forged checks, and identity theft.

3. Securities Fraud (15 U.S.C. §§ 78j, 78ff)

  • Insider trading, Ponzi schemes, and deceptive practices affect stock markets.

  • Investigated by the SEC and DOJ.

4. Money Laundering (18 U.S.C. §§ 1956, 1957)

Money Laundering involves financial transactions using illegally obtained funds and cuts across a wide range of federal offenses (“SUAs” or “Specified Unlawful Activity”). Money laundering is a powerful federal prosecution tool because it allows for enhanced forfeiture. It can also enhance an individual’s sentencing guideline range. It generally consists of:

  • Concealing the origins of illegally obtained money through legitimate businesses or offshore accounts.

  • Often tied to drug crimes, organized crime, and corporate fraud.

5. Tax Fraud & Evasion (26 U.S.C. § 7201)

  • Willfully failing to file tax returns, underreporting income, or using offshore accounts to avoid taxes.

  • Investigated by the IRS Criminal Investigation Division.

6. Embezzlement (18 U.S.C. § 641)

This is also a common federal criminal charge, however it is linked to federal funds or agencies, as opposed to more common state charges of embezzlement or breach of trust. Embezzlement consists of:

  • Misappropriating funds from an employer, government agency, or corporation.

7. Bribery & Public Corruption (18 U.S.C. §§ 201, 666)

Several different federal statutes cover crimes that can constitute public corruption. For instance, wire fraud is the heart of Honest Services Fraud, a form of public corruption. However, critical to public corruption, or honest service wire fraud, is a quid pro quo, that is, payment in exchange for illegal conduct performed by a public servant. This often is a kickback or bribe. There is also an honest service fraud that applies to private individuals who owe honest services to their private employer. Generally, public corruption statutes require:

  • Offering, giving, receiving, or soliciting something of value to influence public officials or business decisions.

8. Healthcare Fraud (18 U.S.C. § 1347)

Healthcare Fraud is a common federal offense because of the prevalence of federal healthcare programs, such as Medicare, Medicaid, or Tricare. False billing, false claims, and unnecessary procedures are common schemes that healthcare fraud charges address. The offense general consists of:

  • Fraudulent Medicare/Medicaid claims, overbilling, or kickback schemes.

  • Investigated by HHS-OIG and the DOJ.

Federal Penalties for White-Collar Crimes

White-collar crimes carry serious legal and financial consequences, including:

  • Lengthy prison sentences (often 10+ years for major fraud cases).

  • Hefty fines and restitution payments.

  • Asset forfeiture (government seizure of property and bank accounts).

  • Career loss and professional license revocation.

  • Federal probation and supervised release.

Sentencing depends on factors like financial loss, number of victims, intent, and prior offenses.

White Collar cases are particularly complex because they rely on financial records, which are often voluminous. Further, discreet matters of proving intent and determining value can be complex, however significant factors in a sentence.

Defense Strategies for White-Collar Federal Cases

Our law firm aggressively defends clients by employing strategic defenses such as:

✅ Lack of Intent – The prosecution must prove you knowingly committed fraud or deception.

✅ Insufficient Evidence – We challenge the government’s case and expose weaknesses in the evidence.

✅ Illegal Search & Seizure – We may seek case dismissal if federal agents violated your Fourth Amendment rights.

✅ Entrapment – If government agents coerced you into committing a crime, we can argue for an acquittal.

✅ Good Faith Defense – If you believed your actions were lawful, we argue that there was a lack of criminal intent.

Why Choose Us for Your White-Collar Defense?

  • Experienced Federal Defense Lawyer – We have successfully defended high-stakes white-collar cases involving millions of dollars and multiple defendants.

  • Aggressive & Strategic Approach – We work to dismiss or reduce charges before discussing whether a case should go to trial or result in a guilty plea.

  • Comprehensive Financial & Legal Analysis: We collaborate with forensic accountants and experts to challenge the prosecution’s case and fully understand complex evidence.

Under Federal Investigation? Take Immediate Action.

Federal white-collar cases often begin months or years before an arrest. Early legal intervention can prevent formal charges if you suspect you are under investigation.

📞 Call us at (843) 473-7000 or click below to schedule a free Confidential Consultation Today.

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