criminal defense attorney Alabama

The Unique Challenges Involved with Defending White-Collar Crime Cases

White-collar crime charges can be complex and involve multiple legal intricacies. However, these are serious charges and a conviction in a white-collar crime case can have a devastating effect on an individual’s life. If you are charged with fraud, embezzlement, or any other white-collar crime, or you believe that you are under investigation for such crimes, you should consult with an experienced attorney as soon as possible.

What are White Collar Crimes in Alabama?

White-collar crimes are criminal offenses that typically involve defrauding other people. These crimes are nonviolent in nature and may involve concealment or deceit for monetary gains, loss avoidance, grabbing assets, or obtaining business advantages. Here are a few common examples:

  • Corporate fraud
  • Counterfeiting
  • Credit card fraud
  • Bribery
  • Embezzlement
  • Employee theft
  • Identity theft
  • Money laundering
  • Financial fraud
  • Forgery

Challenges in Defending White Collar Crimes

These are a few common hurdles you may face while building a defense strategy against your white-collar crime charges:

Investigation Occurs Without Knowledge

White-collar crimes are usually investigated by a government agency based on suspicious activity or tips. These crimes don’t generally involve an immediate arrest. Instead, the agency will try and gather as much evidence against you as possible before making an arrest. In most cases, the defendant doesn’t even realize that there is an investigation against them.

Investigating such crimes generally includes the issuance of subpoenas for phone records, emails, wiretaps, and bank records. The prosecution needs to prove without a doubt that a crime was committed and that you intentionally committed the crime.

No Immediate Arrest

The defendant is not necessarily arrested even when the prosecution obtains compelling evidence against them. You may be told that you are being investigated. Stemming from this, you may not be informed about the content or nature of the information and facts collected against you. You should get a defense attorney involved as soon as you receive any formal notification.

Generally, there are negotiation talks between the prosecutor, defense attorney, and investigating agency. The goal here is to try and resolve the charges before making an arrest. You should take great care during the negotiation period. Any statement you make can be used against you during a trial.

Dual Jurisdiction

White-collar crimes can fall under the jurisdiction of state or federal court depending on the type of law that was broken. Different sentencing guidelines can again become a challenge. You will need to retain the services of a competent criminal defense attorney to get the charges against you dropped or reduced.

There are different penalties for different types of white-collar crimes. Sentencing usually depends on the amount of money involved. Getting convicted will mean large fines and restitutions, and jail time. Sentences by state jurisdictions are usually lighter than federal sentences.

The latest numbers show that the mean (average) sentence for embezzlement is 9.9 months, fraud is 12 months, bribery is 16.2 months, antitrust fraud is 12.7 months, tax offenses is 16.6 months, and money laundering is 46.3 months. Mandatory federal sentencing guidelines will dictate the punishment if the crime is tried as a federal offense.

Complicated Defense

White-collar crimes are difficult for prosecutors to try. This is because financial activities and fraud are intentionally buried in a complex web of shell companies, meticulously layered shields, and interrelated transactions. The prosecution needs sophisticated expert knowledge for discovering the criminal activity and explaining it to the jury.

However, this also means that when an investigating agency makes an arrest, they usually have compelling and solid evidence against the defendant. Several agencies coordinate their efforts to build a solid prosecution.

This means that a criminal defense attorney needs to invest an equal measure of time and resources to build a strong defense strategy. The attorney you hire should be savvy, organized, competent, and prepared to spend the resources necessary for mounting an effective counter-attack against the prosecution.

Useful Defenses Against White Collar Crime Charges in Alabama

There are several types of defenses that can be used in white-collar crimes. The most common defense is the lack of required intent for committing a crime. A skilled defense attorney may also use entrapment as a viable defense. In this situation, a government agent encourages or convinces an individual to commit a crime. Undercover agents are frequently used by authorities for obtaining information in white-collar crime investigations.

These are a few examples of other types of defenses that may be available:

  • Incapacity
  • Duress
  • Intoxication
  • Insanity


Talk to a Skilled Criminal Defense Attorney – Book Your Free Consultation Today

The experienced attorneys at Alsobrook Law Group have a deep understanding of both state and federal laws. We can prepare a robust defense strategy for you after navigating the complex web of financial transactions or other intricate issues involved. We have helped many clients charged with white-collar crimes by creating strong defenses. To request your free, no-obligation consultation, call us at 334-737-3718 or complete this online form.