Newark White Collar Crime Attorneys
White Collar Criminal Defense
Federal white collar crime allegations are some of the most significant charges that you or your business can face in the U.S. They frequently come with the potential for decades in prison or, if they are pursued as civil offenses, can carry fines and civil penalties that can cripple your company.
The white collar crime defense lawyers at Oberheiden P.C. strive to legally represent and defend individuals and corporations across the country against these serious allegations, including in Newark, New Jersey.
What Sets Oberheiden P.C. Apart from Other Newark Defense Firms?
There are three main reasons why Oberheiden P.C. stands apart from other white collar criminal defense firms in the Newark area:
- We only handle federal offenses,
- Our lawyers and investigators have extensive experience doing so, and
- Your legal representation will only be carried out by our senior lawyers, not junior associates that you never met before hiring the firm for your defense.
Oberheiden P.C. is a Federal Defense Law Firm
The vast majority of criminal cases are filed at the state level. They are prosecuted by state or local prosecutors or district attorneys and heard in state court by state judges. The criminal statutes are state laws that have been interpreted by state appellate courts.
The difference between these state offenses and federal white collar crimes is frequently understated, often by defense lawyers who think that their experience in state court will carry over to federal district court without a hitch. That is far from the case, and that mistake is something that clients will pay for until a criminal defense lawyer who is used to state court overcomes the learning curve.
For one thing, the resources on the other side of the case increase exponentially in a federal white collar case. You will be going up against some of the largest law enforcement agencies in the world, like the:
- Department of Justice (DOJ)
- Federal Bureau of Investigation (FBI)
- Internal Revenue Service (IRS)
- Securities and Exchange Commission (SEC)
- Centers for Medicare & Medicaid Services (CMS)
In many cases, multiple agencies will be involved in the investigation and prosecution of a white collar crime.
Secondly, the costs of a conviction for a federal offense are often significantly higher than in a state proceeding. When you are looking at the potential for several decades in federal prison, it raises the stakes and makes it even more important to find attorneys who are not going to make a mistake or let their unfamiliarity with the federal system get in the way of your defense.
Finally, federal offenses are defined by the United States Code, not by your state’s legislation. When an experienced state defense lawyer takes on a federal white collar case, it is akin to moving to a new state, where the laws are slightly different and the courts have defined identical words in subtle but importantly different ways. For experienced federal defense lawyers, these are not things we have to relearn and remember; federal court is home base.
Our Lawyers and Investigators Have Extensive Backgrounds
Lots of law firms in Newark tout the experience and backgrounds of their defense lawyers. At Oberheiden P.C., though, we are unmatched when it comes to federal white collar defense. Our attorneys are highly experienced in defending against these offenses or prosecuting them in the very same agencies that are pursuing your case, now. Many of our lawyers have experience on both sides, and that proves to be invaluable in defending our clients.
Additionally, we use a support staff of investigators to gather information about your case and determine what really happened – not what law enforcement agents claim to have happened. Many of these investigators are retired members of these agencies, with experience putting together the fact patterns in cases just like your own.
You Only Deal with Senior Attorneys During Your Case
Even if other firms have lawyers with such extensive backgrounds and a similar amount of experience defending federal cases, that does not mean that you will have access to them. Many of your concerns and even the legal work itself is undertaken by a horde of junior associates and paralegals who are just getting their feet wet in defending white collar crimes.
If you hire Oberheiden P.C. to represent you against a federal criminal charge in Newark, you will not speak to the senior lawyer on your case just once on the eve of trial. When you call our firm, your call goes straight to a senior lawyer. That way, all of your needs and concerns are directly handled by the appropriate person in our firm.
What White Collar Crimes Do You Defend Against in Newark?
White collar crimes are serious allegations of financial misconduct and fraudulent activity. Because fraud can be committed in a huge variety of ways, there are numerous federal laws forbidding it in its wide range of forms. Some of the most common allegations that we face on behalf of our clients in Newark are:
- Antitrust violations (15 U.S.C. §§ 1 et seq.)
- Credit card fraud (15 U.S.C. § 1644)
- Bribery of public officials (18 U.S.C. § 201)
- Forgery or the alteration of documents (18 U.S.C. §§ 470 et seq.)
- Theft or embezzlement (18 U.S.C. §§ 641 et seq.)
- Perjury (18 U.S.C. § 1001)
- Computer fraud (18 U.S.C. § 1030)
- Insurance fraud (18 U.S.C. § 1033)
- Mail fraud (18 U.S.C. § 1341)
- Wire fraud (18 U.S.C. § 1343)
- Bank fraud (18 U.S.C. § 1344)
- Healthcare fraud (18 U.S.C. § 1347)
- Securities and investment fraud, including insider trading (18 U.S.C. § 1348)
- Obstruction of justice (18 U.S.C. §§ 1501 et seq.)
- Counterfeiting (18 U.S.C. § 2320)
- Tax fraud (26 U.S.C. § 7206)
We also handle numerous other types of white collar crimes in Newark, as well.
Some Frequently Asked Questions About Oberheiden P.C. and White Collar Defense in Newark
What are the Potential Penalties for a Conviction for a White Collar Crime?
The potential penalties for a conviction will depend on the specific offense, as well as on any prior criminal convictions that are on your background. A prior criminal conviction, even for something unrelated to the charges you are facing now, can drastically increase the penalties on the table in your new case.
White collar crimes, themselves, span a wide spectrum of severity. Some of them, like mail or wire fraud, carry up to 20 years in prison for a single count or conviction. Nearly all of them are felonies that carry at least 1 year behind bars.
In addition to prison time, you can also face a steep criminal fine, the payment of restitution to victims, and a stint on probation after your prison sentence has been served.
Can Law Enforcement Pursue Civil Penalties?
Yes, and this is an often-overlooked aspect of white collar defense. For many types of cases, law enforcement agencies have the option to pursue civil or criminal – or even sometimes administrative – cases against defendants. Sometimes, a civil investigation into the misuse of federal money turns into a criminal case of fraud after investigators uncover evidence of intent. The same can happen in the other way: Federal investigators think that there is criminal activity, but the defenses they face make it clear that they will not have the evidence to secure a conviction beyond a reasonable doubt. Many defendants think that this realization will end the case, but it will not. Prosecutors may pivot into a civil lawsuit, instead.
Can’t I Just Show That I Had a Lack of Intent to Commit a White Collar Crime?
Generally, white collar crimes require proof of a specific intent – often an intent to defraud someone – in order to lead to a conviction. While this makes it sound like the defense of a lack of intent is an obvious choice, that is not the case. Because law enforcement can pursue the case in civil court, where intent is not a required element of liability, relying solely on a lack of intent to defend against a criminal case – even if successful – often admits to civil liability in the process. You may end up avoiding prison by guaranteeing to be civilly liable for the offense.
When Should I Hire a Defense Lawyer?
As soon as you can after learning of a white collar allegation or investigation.
It goes without saying that, if you have just been charged or indicted, you should hire an attorney immediately. However, if you have just learned that law enforcement agents are about to investigate you or your company for a white collar crime, or even if they are merely considering it, you should also retain a white collar defense lawyer immediately. Getting a lawyer on board as soon as you can will ensure that your defense team has the ability to strengthen your case from the very beginning.
Why Doesn’t Oberheiden P.C. Call Itself the Best Federal White Collar Defense Firm?
Because we think that our team of lawyers and investigators and our track record of successes can stand on their own. Our attorneys have extensive backgrounds on both the prosecution and on the defensive side of white collar offenses, and our investigators have performed intensive fact-finding projects for many clients. Together, we have helped numerous clients in the Newark area successfully defend against allegations of white collar crimes.
Reach Out to Oberheiden P.C. for White Collar Crime Defense in Newark
If you or your business has been charged with a white collar offense or is under investigation for a financial crime, you need effective legal representation. Reach out to the federal white collar crime defense lawyers at Oberheiden P.C. by calling them at 973-447-3540 or by contacting them online today.