The term “White Collar Crime” refers to a crime or offense that is intended to produce a financial gain through some form of deception. These types of crimes are often committed by those in the business sector who, because of their employment position, have the ability to access large amounts of other people’s assets. While white collar crimes can be committed by nearly anyone, just a few examples of those who can commit these types of offenses because of their access to others’ assets include:
Some common white collar crimes include tax evasions, insider trading, insurance fraud, embezzlement, bribery, and money laundering.
White collar crimes can also apply toward American businesses that operate internationally, as the Foreign Corrupt Practices Act (FCPA) covers these types of actions. The Act prohibits businesses that are based in the United States from making payments to government officials (both foreign and domestic) for obtaining or retaining business contracts in foreign countries. The Act also prohibits payments from third parties and joint-venture partnerships where payment is made to a separate entity with knowledge that some or all of the funds will be delivered to a foreign government official as a bribe.
The FCPA extends beyond bribery, but also applies toward money laundering. The Act also applies toward businesses registered on the U.S Stock Exchange and also those who conduct business transactions within the United States.
What Does a White Collar/FCPA Lawyer Do?
White collar is a specialty practice that is similar to civil litigation involving lots of research, drafting, factual development and argument, however, white collar involves a lot more significant client contact.
The majority of white-collar crimes are investigated and prosecuted at a federal level by federal authorities such as the FBI. White collar defense attorneys often come from the government, which makes the practice of white-collar crimes for more senior attorneys who will walk with their clients as they navigate through government investigations, compliance issues, and trials (if it gets there). The community of attorneys who practice white collar offenses is small, and the majority of the practicing attorneys are familiar with each other. One major role in a white collar/FCPA attorney’s job is conducting both internal and external investigations. Internal investigations often involve drafting and implementing investigation policies and protocols. In addition, this type of attorney will also deal with the creation of an Ombuds program, which is a system that provides confidential, impartial and information management assistance for conflicts. A white collar/FCPA attorney will also respond to white collar complaints. As a white collar/FCPA attorney who works for the government, much of the workload involves ensuring that the corporate policies and protocols currently in place are aligned with the regulations and policies defined by the government.
Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.
We are available to meet in Manhattan and Syracuse, New York. If you would like to meet outside of these areas, please contact us and we can arrange for a meeting place to discuss your matter.
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