WHITE COLLAR CRIMINAL DEFENSE ATTORNEY
White collar crimes are those committed for financial gain. The penalties for white collar crimes vary widely. Fines, community detention, restitution, forfeiture, and imprisonment are all examples of a possible sentence a person could receive if convicted. White-collar sentences that carry prison time are usually those that involve multiple victims or are based on a high loss amount, and whether the government seeks certain enhancements under the Federal Sentencing Guidelines.
Money Laundering. [18 U.S.C. §1956(a)(1)(A)(I)]
Money laundering is the concealment of the origins of illegally obtained money. In simple terms, money laundering is the practice of making money that was gained through criminal means, such as the selling of illegal narcotics, appear as if it came from a legitimate business.
For a person/business to be found guilty of money laundering, the government must prove the following beyond a reasonable doubt:
- That the defendant conducted or attempted to conduct a financial transaction having at least a de minimis effect on interstate commerce or involving the use of a financial institution which has at least a de minimis effect on interstate commerce.
- That the property that was the subject of the transaction involved the proceeds of specified unlawful activity.
- That the defendant knew that the property involved represented the proceeds of some form of unlawful activity.
- That the defendant engaged in the financial transaction with the intent to promote the carrying on of a specified unlawful activity.
Wire Fraud [18 U.S.C. §1343]
Wire fraud is a crime that involves the use of some form of telecommunications, or the internet. Examples of wire fraud include a phone call, fax, email, text, or even social media.
The government must prove these three elements beyond a reasonable doubt:
- That the defendant devised a scheme to defraud.
- That the defendant used an interstate wire in furtherance of the scheme.
- That a statement and/or omission in furtherance of the scheme was “material.”
Mail Fraud [18 U.S.C. §1341]
Mail fraud occurs when the United States mail is used in furtherance of a criminal act. Mailing money, contracts, things of value or communications regarding a fraudulent deal all qualify as mail fraud.
For a person/business to be found guilty of mail fraud the government must prove the following beyond a reasonable doubt:
- That the defendant devised a scheme to defraud.
- That the defendant used the U.S. mail or any private or commercial interstate mail carrier, in furtherance of that scheme.
- That a statement [and/or omission] in furtherance of the scheme was “material”
Other White-Collar Crimes
- Bribery
- Identity theft
- Real Estate/Mortgage Fraud
- Counterfeiting
- Embezzlement
- Health Care Fraud
Experience Matters
An experienced White Collar Criminal Defense Attorney understands the value of aggressive negotiation with the federal government. An experienced white-collar defense attorney such as Alfred Guillaume III can help resolve a case prior to an indictment ever being filed. Alfred’s familiarity with the Federal Sentencing Guidelines allows him to negotiate a more favorable outcome for his clients.
CONTACT WHITE COLLAR CRIMINAL DEFENSE ATTORNEY IN WASHINGTON D.C. & MARYLAND
If you have been indicted for money laundering mail fraud, wire fraud, or a similar white-collar crime, contact me immediately.
Connect with me at 202-321-0549 or via email to schedule a free consultation. I am available 24/7 to assist you in any way possible to help obtain a favorable outcome.