White-collar crimes include embezzlement, money laundering, securities fraud, and tax evasion. They are typically charged at a federal level and include a range of complex procedures for investigating and prosecuting the offense. Here’s how a typical white-collar crime case proceeds and how a Los Angeles criminal lawyer can help build a defense for the accused:
Investigating White-collar Crimes
The government may use undercover agents, informants, and electronic surveillance to investigate white-collar offenses. This is one reason the accused should have a Los Angeles criminal lawyer to challenge any evidence unlawfully obtained or misrepresented. These investigations involve law enforcement agencies and the gathering of evidence in the following ways:
Law Enforcement Agencies
Law enforcement agencies are usually the first line of defense against white-collar crimes. These agencies, equipped with resources and specialists, inspect a suspect’s financial transactions, records, and communications. This allows them to detect any discrepancies that could indicate fraudulent activity.
Given the intricate nature of such crimes, agencies may collaborate with forensic accountants. These financial detectives employ auditing and investigative skills to decipher complex financial data. In cases where the crime transgresses national borders, agencies may also work with international counterparts for a comprehensive investigation. The objective is to compile irrefutable evidence to withstand scrutiny in a court of law.
Gathering Evidence
The primary goal of any white-collar crime investigation is to gather enough evidence to prove that a defendant has committed the alleged offense. Investigators collect physical or documentary evidence from sources like financial records. Investigating financial records involves analyzing ledgers, invoices, and bank statements. It can involve various financial documents to trace payments and spot suspicious transactions indicating fraud or embezzlement.
Investigators may also interview witnesses and other relevant parties who may know facts related to the case. Interviews or interrogations are typically conducted with relevant witnesses, suspects, and victims to uncover evidence. During the process, investigators take notes or record the conversation. Such statements can then be used as evidence against a defendant to help prove their involvement in a crime.
Law enforcement agencies may also use surveillance techniques like wiretapping or video recording to acquire evidence in white-collar crime investigations. They may do this when they suspect the subject of an investigation is engaged in illegal activities but lack evidence to prove it. Surveillance can provide helpful information about how a defendant operates and relates to other parties involved.
Prosecuting White-collar Crimes
After a successful investigation, the government will prosecute those they consider responsible for the white-collar crimes. The legal process in prosecuting white-collar crimes starts with presenting evidence before a grand jury. The grand jury reviews this evidence to determine if there’s enough to charge the defendant formally. If the grand jury finds sufficient grounds, they issue a formal accusation known as an indictment, initiating the trial process. The accused, represented by their criminal defense lawyer, enters a plea. If the plea is “not guilty,” the case moves to trial.
During the trial, the prosecutor presents the evidence accumulated throughout the investigation. The defense attorney counters the prosecutor’s narrative, challenging the validity of the evidence and presenting alternative interpretations of events. The jury or the judge will then determine the guilt or innocence of the defendant based on the evidence presented.
Role of a Criminal Lawyer in White-collar Crimes
Defendants have a right to competent legal representation. A criminal defense lawyer can assist by understanding the complexities of white-collar offenses and mounting an efficient defense effort. This includes devising a strategy to counter the prosecution’s narrative by challenging the evidence and witnesses. Defense attorneys can also present alternative explanations for events or transactions that minimize their client’s guilt. A criminal lawyer can build a defense strategy in the following ways:
Building a Defense Strategy
Challenging evidence involves rigorous examination and critique of the prosecution’s evidence, questioning its legitimacy, accuracy, or relevance to the case. The defense attorney might scrutinize the methods of collecting evidence to make sure it adheres to all legal protocols. They could argue that alleged evidence is circumstantial, misleading, or misinterpreted.
The defense team might also challenge the credibility of the sources or witnesses from whom the evidence was obtained. This could involve revealing biases, inconsistencies, or errors in witness testimonies, weakening the prosecution’s case. The goal is to create doubt in the minds of the judge or jury regarding the defendant’s guilt, potentially leading to a more favorable outcome for the defendant.
Work With a Los Angeles Criminal Lawyer Today
Investigating white-collar crimes can involve law enforcement agencies, forensic accountants, and extensive review of financial documents to gather irrefutable evidence. If an indictment is issued and the trial process begins, the accused can benefit from working with an experienced Los Angeles criminal lawyer. A criminal defense lawyer can construct a robust defense strategy that scrutinizes the presented evidence, questions its legitimacy, and presents alternative interpretations of events to minimize the client’s guilt. Contact a skilled defense attorney today for your criminal defense needs.