White collar crimes and financial crimes are non-violent offenses generally charged against people working in “office” types (non-manual labor) of jobs, such as corporate officers, employees, and similarly situated individuals.
This category of offenses comprises, but is not limited to, the following types of violations at the state or federal level:
- Banking crimes
- Bankruptcy fraud
- Wire fraud
- Mail fraud
- Environmental violations
- FDA violations
- Obstructing government operations
- Health care crimes
- Social security disability fraud
- VA benefits fraud
- Truth In Lending violations
- Mortgage fraud
- Securities violations
- Fraud or defalcation while acting as a fiduciary
- Trust fund frauds or wasteage
- Corruption and kickbacks
- Telemarketer frauds
- Whistleblower scenarios
- Workers compensation fraud
- Gambling and gaming fraud
- Bank structuring
- Money laundering
- Financial conspiracy
- Tax fraud and tax evasion
Phillips & Thomas is able to use its in-depth knowledge of financial analysis (gained through its bankruptcy practice), corporate restructuring and liquidation, and criminal trial work to provide thorough and nuanced representation for our clients. Because we know financial analysis, tax issues, and bankruptcy law, we can propose creative solutions that utilize financial reorganizations for our clients.
It is not uncommon for persons accused of white collar crimes to use bankruptcy–or the threat of bankruptcy–to obtain relief or as part of an overall settlement. In some situations, avoiding an indictment at the federal level or resolving a state level complaint from the attorney general will hinge on a bankruptcy reorganization or structured workout. We know how to use creative thinking and action to solve legal problems.
Our experience in both bankruptcy and criminal trial work at the state and federal level has enabled us to secure successful results for our clients, which have been reported in the Kansas City Star in the past. One recent case involved an acquittal after a federal jury trial for an alleged gambling fraud and interstate transportation of wire fraud proceeds scheme. Kansas City hosts several major casinos, and it is not uncommon for criminal charges to come out of incidents that happen at the major casinos in the metropolitan area. We have also been able to leverage our knowledge of bankruptcy law and the mortgage lending system to defend clients successfully in federal court on mortgage fraud, bank structuring, conspiracy, and wire fraud.
Law enforcement efforts to combat money laundering are becoming more and more advanced, with the rise of Bitcoin as a money laundering vehicle, digital currency, and the integration of national and international financial networks. As money laundering and other underlying crimes shift into cyberspace, law enforcement focuses on prosecuting financial institutions’ regulatory violations to prevent crime, and often the people caught up in complex transactions they do not fully understand.
We have extensive experience in handling investigative matters begun by federal agencies or the Kansas Attorney General’s Office. It is not uncommon for white collar cases to begin with notices sent from the state’s attorney general office, requesting information about various business dealings or financial matters. These notices can threaten serious actions against a person’s business, such as the threat of closure or prosecution. It is critical to obtain legal advice as soon as this happens.
Bankruptcy fraud is a rare criminal charge, but it does happen. Most often, it involves allegations of failure to disclose material assets on a bankruptcy petition, hiding material assets, or some other violation of the US Bankruptcy Code (11 U.S.C.) that rises to the level of an alleged criminal matter. In these scenarios, it is absolutely critical to have an attorney who is experienced in both criminal defense and bankruptcy law. In allegations of this sort, there may be complicated issues that arise between a bankruptcy debtor’s requirement to disclose financial information, husband-wife privileges, corporate officer’s duties and privileges, and possible Fifth Amendment protections against self-incrimination. If you or someone you know has become ensnared in a white collar crime or financial crime scenario, it is vital to secure representation at the earliest possible time.