White Collar Criminal Defense Attorney in Cheyenne
Getting accused of committing a white collar crime in Cheyenne, Wyoming, is a significant event. Whether the allegations are coming from a local district attorney’s office, the Wyoming Attorney General’s Office, or a federal law enforcement agency like the U.S. Department of Justice (DOJ) or the Internal Revenue Service (IRS) the penalties of a conviction can be huge. Those penalties can include a lengthy jail sentence, a huge criminal fine, strict terms of probation, and professional consequences that can effectively end your career.
Protecting your rights during this precarious time is imperative. The Criminal Defense Firm has experienced white collar defense lawyers that you can count on. With our help, numerous white collar defendants, including those in Cheyenne, Wyoming, have fought back against the allegations being levied against them. In many of these cases, we have quashed the case during the grand jury phase, persuaded the prosecutors to drop the charges by presenting exculpatory evidence that eviscerated their case, or secured a jury acquittal if the case went all the way to trial. Even when our clients have gotten convicted, our team of lawyers has frequently managed to reduce the penalties of the conviction to something more manageable.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
White Collar Crimes in Cheyenne
A “white collar crime” is a financial offense that does not involve violence. Instead, it generally involves fraudulent conduct done with the intent to procure financial gain.
What amounts to “fraudulent conduct,” though, is vague at best. Both federal and Wyoming law refuses to define the term in concrete ways in order to keep the lines fuzzy and prevent bad actors from defrauding others while still technically staying on the right side of the law.
Unfortunately, this means that the fuzzy line can change underneath your feet: Cheyenne businesses and individuals who think that they are engaging in permissible conduct can find themselves suddenly charged with a serious white collar offense.
Should that happen to you, reach out to The Criminal Defense Firm for legal representation.
Just a few of the types of white collar offenses that we handle are:
- Fraud involving the Food and Drug Administration (FDA)
- Fraud involving the U.S. Department of Labor (DOL)
- Investigations by the Federal Trade Commission (FTC)
- Antitrust violations
- Embezzlement
- Mortgage fraud
- Computer fraud
- Insurance fraud
- Credit card fraud
- Bank fraud
- Bankruptcy fraud
- Mail and wire fraud
- Counterfeiting
- Forgery
- Bribery
- Public corruption
- Securities fraud, including:
- Healthcare fraud, including:
- Taking illegal kickbacks
- False billing
- Qui tam actions under the False Claims Act
- Prescription drug fraud
- Compound pharmacy fraud
- Home health and hospice fraud
- Medicaid fraud
- Tricare fraud
- Medicare fraud issues, such as:
- FDA investigations
- Laboratory investigations
- Pharmacy investigations
- Medical license fraud
- Subpoenas from the Office of Inspector General (OIG) at the U.S. Department of Health and Human Services (HHS)
- Conspiracy
- Identity theft
- Simple theft
- Theft of intellectual property
- Criminal copyright infringement
- Money laundering, including RICO crimes
- Government contractor fraud
- Defense contractor fraud
- Paycheck Protection Program (PPP) fraud
- Tax violations and tax evasion
- Environmental violations
As you can see, there are wide variety of white collar crimes that can be committed in Cheyenne, Wyoming.
Stiff Penalties of a Conviction
Each of these numerous criminal offenses comes with its own set of penalties. These penalties generally involve a mixture of:
- Prison time
- Very hefty fines and civil penalties
- Disgorgement or forfeiture
- Restitution
- Probation
- Revocation of professional licensure
The financial repercussions of convictions for white collar offenses are particularly draconian. Lawmakers at both the state and the federal level have generally enacted extremely high monetary penalties in order to deter these financial offenses. The idea is that setting the financial penalties too low would have led to more professionals committing white collar crimes, as the only repercussions would be losing something close to what was gained. However, the staggering financial penalties also influence innocent defendants, who may opt for a plea deal to a crime that they did not commit in order to avoid the chance of being convicted and made to pay the full amount allegedly at issue.
Both State and Federal Jurisdiction for Many White Collar Offenses
The rules for who has jurisdiction over a white collar offense can overlap. In many cases, this means that both the state of Wyoming and the federal government can investigate and file a white collar charge against you. Generally, though, the federal government will only prosecute white collar offenses that are either very high profile, or that involve a large amount of money or other assets.
They generally leave smaller cases to the states, including in Wyoming. Even when they do, though, the results of any federal investigations that have been conducted already will get passed on to state prosecutors to pursue, letting state agencies piggyback on the work of federal agencies that have far more resources than they have.
There are Legal Defenses Available
Just because you have been accused of a white collar offense, though, does not mean that you have been convicted for it. Whatever law enforcement agency is behind the charge, they still have to prove their case beyond a reasonable doubt. Particularly in white collar cases, there are numerous avenues that a skilled defense lawyer can take in order to prevent the prosecutor from satisfying all of the elements of the offense: These are generally document-heavy cases that provide ample opportunities for raising innocent explanations for what seems to be incriminating evidence.
Additionally, there are several active defensive strategies that you can take. A couple of these are:
- Police conducted an illegal search during the investigation, violating your rights and triggering the exclusionary rule, which keeps evidence discovered during an illegal search out of your trial
- The entrapment defense, which argues that police overreach coerced you into committing a white collar crime that you would not have committed on your own
- The opinion defense, which argues that the statements that were allegedly fraudulent or misrepresentative of the truth were offered as opinions, rather than as facts
- Lack of intent, which focuses on the need for the prosecutor to prove that you acted with the specific intent to defraud someone
The defense team at The Criminal Defense Firm will know which strategy is the best for your circumstances.
Frequently Asked Questions About White Collar Crime and How The Criminal Defense Firm Helps Defendants
When Do I Need to Hire a Lawyer?
While you do not technically need to hire a lawyer – you can represent yourself pro se in court – it is highly advisable that you hire an attorney. The adage in the legal field is that pro se defendants are convicted defendants. Getting an attorney as soon as you realize that you might be under investigation for a white collar offense is crucial.
If you have a lawyer on board as soon as you hear of a criminal investigation or suspect that you are the target of one, you can take whatever steps might be necessary to prevent the charges from being filed. This can involve taking a proactive stance and reaching out to the investigators to clear your name, if your attorney advises it. It also may mean beefing up your compliance measures to mitigate the damage and to show law enforcement that you are acting in good faith.
Waiting until you have been formally charged puts the defense team that you do end up hiring in a needlessly difficult position to protect your rights. Odds are not slim that you will have made a mistake that hurts your odds in court.
Why Not Just Claim That I Lacked the Necessary Intent to Commit the Crime?
White collar crimes generally require a specific intent to defraud people. It is very difficult for prosecutors to prove that you had that intent, and raising evidence that you lacked it can avoid criminal liability.
Many defendants – as well as many lawyers who do not have much experience in defending white collar cases – draw that connection and quickly put all of their eggs in the lack of intent defense basket. What often happens then is that, even if the defense is successful, law enforcement agents simply drop the case and refile it as a civil one. Civil enforcement actions do not require a showing of criminal intent. At this point, the factual component of the criminal case will have gone largely unchallenged, leaving you extremely exposed to civil liability. While the jail time will no longer be a possibility, the crippling financial repercussions will be almost certain.
Why Doesn't The Criminal Defense Firm Call Itself the Best White Collar Defense Team in Cheyenne?
Even though we have a law firm filled entirely with senior-level lawyers who have decades of experience in criminal defense, and even though our lawyers have put together a track record of successful white collar defenses, we still prefer to let our happy prior clients say things like that about The Criminal Defense Firm. It means more when it comes from them anyway.
The Criminal Defense Firm: White Collar Crime Lawyers Serving Cheyenne, Wyoming
If you have been accused of committing a white collar crime in Cheyenne, Wyoming, you need legal representation right away. In many cases, getting charged is only the culmination of a long investigation. Only by taking immediate action and getting effective legal representation can you begin to make up ground on the prosecution team.
Reach out to the white collar defense team in Cheyenne, Wyoming, at The Criminal Defense Firm. Contact them online or call their law office at (866) 603-4540.