Chicago White Collar Crime Lawyer
White-collar crimes typically involve some sort of deceit for financial gain or abuse of a position of trust. The term white-collar crime goes back to the 1930s. It describes a wide range of non-violent crimes committed by individuals in a variety of industries, including modern cybercrimes.
These crimes can be charged in both state and federal court. Convictions usually mean lengthy prison sentences, steep fines, loss of licenses, and restitution payments. Perhaps more importantly, since many individuals charged with white-collar crimes are professionals, reputations are at stake.
At the Law Offices of Vadim A. Glozman, we have represented doctors, lawyers, businessmen, politicians, and many others. We understand what it takes to defend white-collar crime cases. We also understand that your career hangs in the balance as we fight for your life and liberty. In our experience, the key to a successful defense is:
- Thorough investigation.
- A meticulous review of the discovery and relevant, industry-specific regulations.
- A personalized defense strategy to either beat your case or get your charges and penalties significantly reduced.
Let a firm that is dedicated to the rigorous attention to detail, imperative in white-collar cases, defend you.
At the Law Offices of Vadim A. Glozman, we have successfully defended individuals investigated and charged with:
- Bank fraud
- Bankruptcy fraud
- Credit card fraud
- Mortgage fraud
- Health care fraud
- Kickback schemes
- Identity theft
- Mail and wire fraud
- Tax evasion
- Money laundering
- Political corruption.
The Law Offices of Vadim A. Glozman is one of the few criminal defense firms nationwide that has represented some of the most notorious cybercriminals ever charged in the United States.
No matter what type of charges you are facing, you can trust the Law Offices of Vadim A. Glozman. When you hire us, you can be certain that everything that can be done will be done to make sure you are able to obtain the most favorable outcome in your case.
If you are looking for an attorney that will provide honest, responsive, and effective representation during the entire pendency of your case, please contact us today. We are here for you.
Types of White Collar Crimes
Many people assume white-collar crimes are simply advanced theft crimes. Granted, there are some similarities between these two types of offenses. For the most part, however, white-collar crimes are nothing like shoplifting cases or smash-and-grab robbery cases. Instead, these offenses have a number of subtle elements, as follows:
- Embezzlement: Generally, this infraction involves exerting or obtaining unauthorized control over property. Typically, the line between “authorized” and “unauthorized” use is gray, at best. For example, the boss might clearly establish authorized company credit card use. But there may be no guidelines regarding unauthorized use.
- Bribery: Courts have very narrowly defined this offense. The infamous Rod Blagojevich case is a good example. At one point, the disgraced former governor insinuated that government office, like a senate seat, is up for sale to the highest bidders. If he had stopped there, the bribery charges against him probably wouldn’t have been held up in court. But he went on to ask for specific items, such as a cabinet or ambassador appointment. That specificity did him in.
- Fraud: Basically, fraud is a misrepresentation of current material facts to obtain illegal gain. Bank fraud, bankruptcy fraud, healthcare fraud, and tax fraud are the most common examples. It’s often very difficult to distinguish between unintentional mistakes and intentional misrepresentation. Additionally, the law does not require people to correct the other person’s incorrect assumptions. If Bill says he works at the bank and Ted assumes he’s the bank’s president, Bill has probably not defrauded Ted.
- Trade Secret Theft: This offense is the misappropriation of private corporate information for financial gain. These prosecutions often hinge on trade secret knowledge. If Bill leaves a report on his desk or places an unsecured file on a thumb drive, the information therein arguably wasn’t much of a secret.
The penalty in these cases usually depends on the value of the property. This value is often difficult to determine, especially in the theft of trade secrets cases.
How Prosecutors Build Cases
Authorities almost never catch white-collar offenders red-handed. Instead, these cases usually rely on lengthy investigations. Generally, investigators heavily rely on information provided by paid informers.
This “payment” could be direct or indirect. Some people receive money or leniency in another matter in exchange for cooperation. Others have ulterior motives. They hope that when other people get in trouble, they can climb higher up the corporate ladder.
Either way, the information these individuals provide is suspect, at best. Many people will say or do practically anything for love or money.
In other words, these investigations often begin with erroneous information. The longer authorities continue down this path, the more errors they commit.
Before they seek indictments, most investigators seize financial and other records, to bolster the shaky informant testimony. These investigators must have search warrants that are based on probable cause. Based on the above discussion, an informant’s uncorroborated information is arguably not probable cause.
Frequently, investigators also often ask defendants to come in for questioning. Many defendants agree to do this, thinking they can explain things to investigators. That same thing sometimes happens during the grand jury phase, which is outlined below. Unless investigators Mirandize these defendants almost immediately, any information they give, along with any confessions they make, are usually inadmissible in court.
The climax of a pretrial white-collar criminal investigation is usually a grand jury indictment. Many defendants assume that a grand jury indictment is basically the final nail in a coffin. But that’s not the case. These jurors only hear the prosecutor’s version of events.
A Chicago white-collar crimes lawyer cannot make any arguments or produce any evidence. In fact, a defense lawyer cannot even be in the same room as the grand jury. There’s almost no way an unrepresented defendant can out-lawyer a government lawyer and talk his/her way out of the predicament.
In other words, an indictment is not a preview of a conviction. Instead, it is basically a procedural rubber stamp that means little in the final analysis.
We mentioned procedural defenses above, specifically the Miranda rights. The law requires state and federal investigators to read defendants their rights when custodial interrogation begins. Let’s break these elements down.
Very simple, people are in custody when they reasonably do not feel free to leave. This point is rather subjective. At the latest, people are in custody when investigators come into the interrogation room. At the earliest, largely based on the defendant’s understanding of the criminal justice system and prior interaction with law enforcement, custody begins when investigators first reach out to defendants.
Direct evidence obtained in violation of Miranda, like a confession, is inadmissible in court. So is indirect evidence. Assume investigators talk to Paul. Before they read him his Miranda rights, he tells them Peter has some files related to the investigation. Those files are inadmissible in court, under the fruit of the poisonous tree doctrine.
We also mentioned inadequate warrants above. Prosecutors cannot work backward in these cases. They cannot argue that if investigators found what they were looking for or obtained an indictment, the warrant must be valid. Search and arrest warrants stand or fall on their own merits.
White-collar crimes also often involve some substantive and affirmative defenses. Lack of evidence is the most common substantive defense. Prosecutors must establish every element of the offense beyond any reasonable doubt. That’s the highest burden of proof in the law. Furthermore, prosecutors have the burden of persuasion. It’s not enough that evidence is available. It must also be convincing.
Authorization is a common affirmative defense in many cases, such as embezzlement matters. Once a person in authority gives authorization, it remains active until revoked. Furthermore, many companies have confusing upper management structures. It’s the classic Mom says yes and Dad says no dilemma.
The more defenses a Chicago white-collar crimes lawyer is able to present, the easier it is to successfully resolve these cases. Options include pretrial diversion and deferred disposition.
Prosecutors are especially likely to offer pretrial diversion if the evidence is weak. Usually, if defendants comply with all program requirements, such as avoiding legal trouble and attending a few classes, prosecutors voluntarily dismiss the case.
Deferred disposition is much like regular probation. The judge sentences the defendant to community supervision. However, this sentence does not include a finding of guilt. Instead, the judge defers that portion of the sentencing until probation expires. If the defendant successfully completes community supervision, the judge dismisses the case. Additionally, early discharge from probation may be available in some cases.
Both these options mean the defendant has no criminal conviction record. Particularly in white-collar crimes and other offenses that have such drastic collateral consequences, a no-conviction outcome is usually the best possible outcome.
Contact a Dedicated Cook County White Collar Crime Attorney
White-collar criminal charges are scary, but a number of successful resolutions are available. For a confidential consultation with an experienced white-collar criminal defense lawyer in Chicago, contact The Law Offices of Vadim A. Glozman by calling 312-726-9015. Home, virtual, and after-hours visits are available.
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