White Collar Criminal Lawyer in Indiana

White collar crime is different from common crime in a few ways:

• Access: White collar crime typically involves an issue of access—access to money or to advantageous private or confidential information—by virtue of an individual’s position
• Victims: Victims can be so dispersed and massive that the victims might not know a crime has been perpetrated against them without being informed
• Organization: Sometimes it is the way in which an organization is laid out that provides not only the access but also an incentive for criminal behavior—there may be incentives built into an organizational structure that, even inadvertently, contribute or perpetuate what amounts to criminal behavior under the law
• Motive: Those charged with white collar crimes often cite non-personal motives for their actions, such as helping the company, obeying instructions from an authority figure, or not knowing the activity is criminal because so many others in the industry engage in the same behavior

When it comes down to it, however, prosecutors view white collar crime as a crime like any other—one worthy of prosecuting, no matter the motives of an individual or the perceived lack of victims.

Those who are charged with a white collar crime, in contrast, might be experiencing something entirely new, never having been subjected to criminal inquiry before and disconcerted about it, to say the least. These individuals would do well, therefore, to ensure they are well represented by a competent and experienced white collar criminal lawyer in Indiana.

Keffer Hirschauer LLP lawyers include former prosecutors who can view the situation from both sides and who are well suited to predict how the prosecution might proceed. Individuals who find themselves investigated or charged with a crime that affects their reputation and livelihood may find comfort in having able counsel at their side at all stages of investigation and prosecution.

What are the Elements and Defenses of White Collar Crime?

There are four elements that prosecutors must prove to show that a white collar crime has been committed:

• Intent to commit an act inconsistent with the law (this is often the main question and the lack of intent is often the main focus of a defense)
• Use of deception to disguise the crime
• Knowledge that a crime is being committed
• Reliance by a victim on the criminal act

The same defenses for common crimes are available for white collar crimes (lack of intent, for example) and a white collar criminal lawyer in Indiana knows which defense works best for someone charged with a white collar crime, depending on the circumstances. An attorney also knows how to best convey any mitigating factors, such as an individual’s good character, when possible and when, given the circumstances, an immunity or plea agreement is something to consider.

Examples of White Collar Crimes

There is a panoply of white collar crimes, and a white collar criminal lawyer in Indiana knows the intricacies and potential trappings of each one. According to statistics from 2018, the most common federal white collar crime charges at the beginning of 2018 included fraud by wire, radio, and television; mail fraud (18 U.S.C. § 1343)—attempt and conspiracy (18 U.S.C. § 1349); and bank fraud (18 U.S.C. § 1344).

The same statistical report revealed that the United States District Court for the Northern District of Indiana tied in sixth place for per capital federal white collar prosecutions. This emphasizes the need for a knowledgeable white collar criminal lawyer in Indiana, especially given the many white collar crimes frequently prosecuted:

• Bribery
• Insider Trading
• Price Fixing
• Intellectual Property Theft/Piracy
• Identity Theft
• Tax Evasion
• Fraud (Government, Mail, Insurance, Mortgage, Financial, Bankruptcy, Healthcare, Internet, Phone/Telemarketing, Securities, Credit Card, Computer and Internet, Wire/Radio/Television)
• Embezzlement
• Scams
• Counterfeiting
• Public Corruption
• Extortion
• Ponzi Scheme
• Kickbacks
• Money Laundering

Another reason for using a white collar criminal lawyer in Indiana is that the Indiana Code is not organized in such a way that you can simply look up “white collar crime” and find everything you need to know if charged with a crime. For instance, Medicaid theft, kickbacks, and bribes, are covered in Indiana Code § 12-15-23.5-2, but children’s health insurance program theft, kickbacks, and bribes are found at Indiana Code § 12-17.6-6-2. There is no discrete white collar criminal section, and it may take the help of an attorney to find the right law.