White collar crime cases are among the most complex types of criminal litigation. Not to downplay the complexity of other types of cases, but white collar cases often involve voluminous records and a detailed paper trail that prosecutors need to work through to prove their charges. While many people will say that a white collar case is all about “following the money,” it is easier said than done.
If you have been charged with a white collar crime or you are being investigated for one, McCall Law can provide you with a responsive and tireless white collar crime attorney in Florence, SC. Call our criminal defense lawyer as soon as you learn that you are being investigated.
McCall Law Can Represent You in the Following Cases
Here are some of the white collar criminal cases that we handle:
- Mail fraud
- Wire fraud
- Money laundering
- Credit card fraud
- Check fraud
- Insurance fraud
Breach of Public Trust Cases
McCall Law represents defendants in breach of public trust cases where they are charged with:
- Neglect or refusal to perform a public position
- Using a position to serve their own private interests, as opposed to the public interest
Breach of public trust cases are often tried against the backdrop of significant public interest, making your lawyer’s role even more critical.
White collar crimes could be charged in either federal or South Carolina court. There are usually similar statutes in both federal and state law. Most white collar cases are charged in federal court. Here, cases can be much more complex, and you are up against the resources of agencies like the Federal Bureau of Investigation and the Department of Justice.
Why White Collar Criminal Defense Is Different and More Complex
White collar criminal defense is markedly different from other types of criminal cases. You need an attorney who has specific experience in these types of cases for the following reasons:
- The prosecutor will often speak with your attorney during the investigative process, considering your side of the story
- There is often an extensive documentary record for an attorney to process and review
- White collar cases often involved sprawling alleged conspiracies with many possible witnesses and defendants
- White collar cases are often tried in federal court, which has even more complex rules than state courts
- White collar criminal cases often draw extensive media attention, and you need a lawyer who has media and public relations savvy
Penalties for White Collar Criminal Convictions
Judges will often rely on recommended sentences from the Federal Sentencing Guidelines for white collar cases. The Guidelines used to be mandatory before the Supreme Court made them advisory in nature. Still, judges rarely depart from the Guidelines when imposing sentences.
The Guidelines assign a base level to each offense. The base level sentence could increase or decrease depending on the presence of certain factors. Once these factors were added up, the judge would have a range of penalties. Usually, the judge would sentence a defendant within the ranges prescribed by the Guidelines, but they have the discretion to do as they choose.
South Carolina laws penalize most fraud cases based on the amount involved. Above a certain threshold, certain fraud charges may become a felony and result in higher jail sentences.
In reality, most fraud convictions will result in jail sentences. Since there are a wide range of outcomes, your attorney’s job is every bit as important in the sentencing phase of a case. They would present arguments to the judge about which mitigating factors may apply and advocate for a lesser sentence.
Why You Need to Call a White Collar Crime Lawyer Today
In a white collar case, you need to hire an attorney very early in the process (as soon as you learn that you are being investigated). There may be early issues in your case, such as searches of your property and attempts to interview you.
Usually, white collar charges do not come as a surprise to the defendant. Law enforcement will seldom show up and arrest you out of the blue. It is more likely that they execute a search warrant or try to speak with your first. There is still an opportunity to persuade the prosecutor not to file charges in your case.
In addition, the adage of the “coverup being worse than the crime” particularly applies in white collar cases. There is a robust federal law that penalizes false statements made to investigators. Some defendants end up avoiding charges on the underlying suspected fraud, only to be charged with crimes relating to an alleged coverup that could send them to prison. It happens all the time since federal prosecutors really like to use the false statements law if they cannot charge anything else.
How McCall Law Helps You in a White Collar Criminal Case
When you hire McCall Law to defend you in a white collar case, we can do the following:
- Develop a proactive defense strategy to use in your case (both in the court of public opinion and the court of law)
- Interact with the prosecutor before they file charges against you (and being present when you possibly submit for an interview with the prosecutor), with the hope of minimizing charges or avoiding them entirely
- Review voluminous evidence being used against you, understanding the prosecution’s case, and seeking to suppress certain evidence when necessary
- Look for weaknesses in the prosecution’s case and exploit them in your defense
- Hire credible experts to testify in your case, including forensic accountants and banking professionals
- Negotiate a possible plea bargain with the prosecutor
- Vigorously defend your case in court if you fight the charges against you
Contact Our White Collar Crime Lawyer in Florence, SC Today
After you hear from law enforcement about a potential investigation, the first thing you need to do is call an attorney. McCall Law represents investigation targets and defendants in a wide variety of white collar cases. We know how to get to the bottom of cases and deal with the prosecutor. Your first step to getting the legal help that you need is to call us today at 843-279-8148 or send us a message online.