Omaha White Collar Crime Defense Attorney
A white collar crime in a nonviolent crime, typically committed for financial gain. The term was first coined in 1949 by a sociologist who defined it as “crime committed by a person of respectability and high social status in the course of his occupation.” Traditionally, people in management or office jobs who are not likely to get their hands dirty have been known as white collar workers, while blue collar workers can be found in factories, plants, and mills. With new technology and financial products, the range of white collar crimes has expanded tremendously over the decades.
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White collar crimes typically involve acts of fraud, misrepresentation, or deception for the purpose of achieving personal financial gain. Simply being accused of such a crime can have a significant impact on a person’s career. Common examples of white collar crimes include:
- Insurance fraud
- Insider trading
- Securities fraud
- Identity theft
- Tax fraud
- Money laundering
- Credit card fraud
- Wire fraud
- RICO violations
The Federal Bureau of Investigation (FBI) is the key agency to investigate white collar offenses. Generally, the FBI focuses on complex investigations, often linked to organized crime activities, that are regional, national, or international in scope. FBI agents work closely with regulatory agencies, including the Securities and Exchange Commission (SEC), National Association of Securities Dealers (NASD), Commodity Futures Trading Commission (CFTC), Internal Revenue Service (IRS), U.S. Postal Inspection Service, and the Financial Crimes Enforcement Network of the U.S. Treasury Department. State agencies, such as the Consumer Protection Division of the Office of the Attorney General, may also be involved in white collar criminal investigations.
Most white collar crimes are some type of fraud. For fraud to be committed, it must involve an intentional or knowing effort to unlawfully deprive a person or organization of property. It can be difficult for the prosecution to establish intent. Only the person accused of committing the offense knows what his or her intentions were. Still, the court can infer intentions based on actions, which is why it is important to have an Omaha criminal defense lawyer who can anticipate and prepare for the prosecutor’s tactics.
Police officers and government law enforcement agents are trained to find inconsistencies in your statements and to extract admissions or confessions from you. They may misunderstand what you say or take statements you make out of context. If any action you took makes you appear guilty, law enforcement will exploit it to the fullest. During a trial, police officers will testify as to what they remember you saying, which may not be what you actually said.
It will not make you appear guilty if you refuse to talk to the police or an investigating agent without a lawyer present. It will make you appear intelligent and aware of your constitutional right to remain silent. If law enforcement wants to question you about a crime, tell the officer or agent politely and respectfully that you are invoking your right to remain silent, and you want an attorney.
At Bottlinger Law L.L.C., we are compassionate listeners and effective litigators. Attorney Jason B. Bottlinger has been providing real solutions to real people for more than a decade. If you are facing white collar crime charges, call us at (402) 505-8234 to schedule a free consultation with an experienced Omaha criminal defense lawyer.
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