White Collar

Antitrust violations involve anti-competitive behavior in the marketplace. The elements of antitrust violations typically include a violation of antitrust laws, such as price fixing or market allocation, and an effect on the marketplace, such as a decrease in competition. 

Defense Strategy: The first step in fighting off antitrust charges involves arguing that the defendant did not intend to engage in anti-competitive behavior. For example, if the defendant can show that they engaged in certain business practices for legitimate reasons unrelated to anti-competitive behavior, such as cost savings or efficiency gains, they may be able to avoid conviction. Alternatively, the defendant may argue that the government failed to prove that the alleged behavior actually harmed competition or consumers, or that any harm caused was outweighed by pro-competitive benefits.

Fraud involves intentionally deceiving someone for personal gain. It can take many forms, including wire fraud, mail fraud, securities fraud, and tax fraud. The elements of fraud typically include material misrepresentation, reliance by the victim on that misrepresentation, and damages suffered as a result.

Defense strategy: One possible defense strategy for fraud is to argue that the defendant did not have the intent to defraud. For example, if the defendant can show that they made an honest mistake, they may be able to avoid conviction.

Bribery involves offering or accepting something of value in exchange for an official act. The elements of bribery typically include an offer or acceptance of something of value, an intent to influence an official act, and a connection between the bribe and the official act.

Defense strategy: One possible defense strategy for bribery is to argue that the defendant did not have the intent to influence an official act. For example, if the defendant can show that they made a payment or accepted a gift for a legitimate reason unrelated to any official act, they may be able to avoid conviction.

Corporate Conversion is a type of white collar crime that involves the wrongful taking of property belonging to a business or corporation for personal use or gain. The perpetrator may be an employee, officer, director, or other agent of the company who is entrusted with handling the company's assets or finances. Business conversion can take many forms, including embezzlement, theft, and misappropriation of funds or other assets, and may involve falsifying records or financial statements to conceal the wrongful conduct. Business conversion is a serious offense that can result in both criminal and civil liability, and may carry significant penalties, including fines, imprisonment, and restitution.

Defense Strategy: Like many other white collar crimes, the best argument revolves around the negation of intent.To be guilty of business conversion, the defendant must have acted with the intent to wrongfully deprive the business of its property or assets. Therefore, if the defendant can show that their actions were not taken with this intent, they may be able to avoid a conviction. For example, the defendant may argue that they believed they had the authority to use the company's property or assets in the manner that they did, or that they were acting in the company's best interests. Alternatively, the defendant may argue that there was no wrongful taking of the property or assets, and that any use or transfer of the assets was authorized or otherwise legal. The defense may also argue that the prosecution has not provided sufficient evidence to support the charges, or that the charges are based on a misinterpretation of the facts. It is important to note that the defense strategy for corporate conversion will depend on the specific facts and circumstances of the case, and should be developed in consultation with an experienced criminal defense attorney.

Embezzlement involves stealing money or property that has been entrusted to you by someone else. The elements of embezzlement typically include a fiduciary relationship between the defendant and the victim, the defendant's conversion of the victim's property, and the defendant's intent to deprive the victim of that property.

Defense strategy: One possible defense strategy for embezzlement is to argue that the defendant did not have the requisite intent to steal. For example, if the defendant can show that they believed they were entitled to the money or property in question, they may be able to avoid conviction.

Fraud involves intentionally deceiving someone for personal gain. It can take many forms, including wire fraud, mail fraud, securities fraud, and tax fraud. The elements of fraud typically include material misrepresentation, reliance by the victim on that misrepresentation, and damages suffered as a result.

Defense strategy: One possible defense strategy for fraud is to argue that the defendant did not have the intent to defraud. For example, if the defendant can show that they made an honest mistake, they may be able to avoid conviction.

Insider trading involves using confidential information to make stock trades for personal gain. The elements of insider trading typically include a fiduciary duty owed by the defendant, the defendant's use of non-public information to make a stock trade, and the defendant's intent to profit from that trade.

Defense strategy: One possible defense strategy for insider trading is to argue that the defendant did not have access to non-public information. For example, if the defendant can show that they made a stock trade based on public information that was available to everyone, they may be able to avoid conviction.

Money laundering involves disguising the proceeds of illegal activity as legitimate income. The elements of money laundering typically include knowledge of the illegal activity, the transfer of funds from one place to another, and an intent to conceal the true source of the funds.

Defense strategy: One of many defense strategies for money laundering is to argue that the defendant did not have knowledge of the illegal activity. For example, if the defendant can show that they were unaware that the funds they were transferring were the proceeds of illegal activity, they may be able to avoid conviction.

Racketeering involves participating in an ongoing criminal enterprise. The elements of racketeering typically include a pattern of criminal activity, such as extortion or money laundering, and an association with an enterprise that engages in that activity.

Defense strategy: The best method against these charges is to show that the defendant did not participate in the criminal enterprise. For example, if the defendant can show that they were not aware of the criminal activity of the enterprise or did not participate in that activity, they may be able to avoid conviction.

*The above language is for informative purposes and is not to be construed as legal advice.