White-collar crime in Arizona is a serious offense that can severely affect both victim's and offenders' personal and professional lives. If you have been charged with a white-collar crime, you should immediately seek out the help of an experienced white-collar criminal defense lawyer to avoid hefty fines and long-term prison sentences. In deciding on which attorney might be best for your particular case, you will undoubtedly want answers to questions that will position you for the best possible outcome.

What Qualifies As A White Collar Crime?

Although there is no universal definition of what constitutes a white-collar crime, the Federal Bureau of Investigations (FBI) defines white-collar crime as a “financially motivated, nonviolent crime committed by businesses and government professionals.” The Bureau of Justice Statistics (BJS), on the other hand, defines white-collar crime as "any violation of law committed through nonviolent means, involving lies, omissions, deceit, misrepresentation, or violation of a position of trust, by an individual or organization for personal or organizational benefit."

Corporate crimes involve businesses who illegally obtain a financial benefit through some type of fraud. Examples of corporate white-collar crimes include false advertising, manufacturing dangerous products, patent violations, or environmental pollution. On the other hand, occupational crimes generally involve an employee of a business who, through deceit or fraud, commits a crime for personal gain. This might involve an individual or a group of employees who coordinate efforts to create false information, pocket money, or alter company records to steal money.

Other types of white-collar crimes include:

• Insurance fraud
• Bankruptcy fraud
• Money laundering
• Bribery
• Extortion
• Identity theft
• Embezzlement
• Real estate fraud
• Cybercrimes
• Securities fraud
• Tax crimes
• Counterfeiting and forgery
• Wage theft
• Insider trading
• Ponzi schemes
• Stock violations
• Racketeering

What Should I Look For When Hiring A White Collar Criminal Defense Lawyer?

The stakes could not be higher when you face charges for a white-collar crime, so hiring an exceptional white-collar criminal defense attorney is critical. But what makes a lawyer in this situation “exceptional?”

Experience

White-collar crimes can be complicated with layers of complex legal and financial documentation to sift through. You will want to research whether or not the attorney you are considering has experience dealing with your case's specific areas. If a criminal defense attorney has experience in occupational white-collar crimes, for instance, and your case involves corporate white-collar crimes, you might want to consider someone else. Some attorneys specialize or have more experience with cases in a specific industry. Be sure to ask them if they have dealt with cases that closely match your particular set of circumstances.

Experience can also sometimes be measured based on education and achievements. Ask about their educational background, if they have any specialties, and which law schools they attended. Also, ask if they have received any recognition or awards for their work. However, be sure to research any awards they may mention, as many lawyers receive accolades from unscrupulous sources in exchange for money.

Of course, you will also want to choose a white-collar criminal defense attorney with a successful track record. Don’t hesitate to ask a lawyer you are considering providing you with documentation about their past cases. The number of cases they may have been involved with means very little if their outcomes have been less than stellar.

Attitude/Personality

You will spend a considerable amount of time with the lawyer of your choosing, so it is essential that you "click" with them. Everyone is different, of course, but generally, you will want to hire a lawyer who is friendly, persistent, and communicates professionally. Remember, this is the person who should make you feel entirely supported.

Commitment

Good lawyers don't make excuses and are committed to your case. The last thing you need is to find yourself mid-case having to find another attorney. Ask lawyers you interview if they will be the only person representing you throughout your entire case. Also, ask if they perform any required background and research themselves or enlist paralegals or other outside sources. While it is not uncommon for other legal personnel to work on your case, this is something that should be fully disclosed before hiring.

Attorney Fees & Payment

White-collar criminal defense attorneys typically charge between $150 and $700 per hour for their services. You may be required first to pay a retainer fee, a payment made in advance to a lawyer before any legal work is done. If the retainer fee funds are exhausted, you can expect to pay more. Legal fees for white-collar crimes vary greatly, but it is not uncommon for them to quickly escalate into the $10,000 to $15,000 range.

Be sure to inquire about your attorney’s rates and be clear about whether they will charge you a flat rate or hourly fee. Most lawyers will not charge for an initial consultation. Ask specifically about how time is billed and varying costs for the different services they offer. Also, don't be afraid to ask them about payment plans or how they might help keep costs manageable for you.

What Is The Role Of A Prosecuting Attorney In A White Collar Crime?

Prosecuting attorneys involving white-collar crimes will review your case and determine what charges will be brought against you. Prosecutors work for the government and are assigned in county courts to crimes that occur in their jurisdiction. In their assessments, they will decide as to whether or not their case can be proven "beyond a reasonable doubt." If there are holes in the case or successful prosecution appears questionable, they will be more likely to demonstrate a willingness to compromise or even have your case dismissed.

What Possible Defenses Of White Collar Crime Cases Should A Potential Defense Attorney Be Aware Of?

An excellent white-collar criminal defense attorney will accurately gauge when it is best to negotiate with prosecutors for a favorable plea deal. They will also use their experience to determine whether or not the best outcome for you will result from going to trial. If your case is presented in court, your lawyer will be there to provide you with the strategies that serve you best. Some common defenses used in white-collar crime cases include:

Prosecution Errors

Perhaps more than other types of crime, white-collar crime tends to produce a daunting amount of documented evidence. Paper trails involving finances, communications, business policies, and the law must all be sorted through. Your defense attorney will look for errors, even simple ones, that can poke holes in the prosecution’s case. Juries can sometimes be won over this way, as they are often overwhelmed with legal jargon.

Lack of Intent 

For a guilty verdict in certain white-collar cases, such as various forms of fraud or embezzlement, the defendant must demonstrate criminal intent. Your charges could be dismissed if the prosecutor cannot show that you wanted to commit a crime. You don't have to prove lack of motive; instead, you only have to keep the prosecutor from proving intent.

Lack of Knowledge

It is possible that you were unaware that illegal activity was taking place if several individuals and organizations were involved. Demonstrating to the prosecutor that you were ignorant (or lacked the capacity to be aware) that you were committing a crime could aid in proving your lack of knowledge.

Coercion

If you forged a document because you were threatened or forced to do so by another person, you would be able to use that intimidation in court to your advantage.