If you or a loved one are under investigation or have been charged with a white-collar crime, you should contact Rosenthal Kalabus & Therrian immediately. You might not understand what you’ve been accused of or what types of penalties you could face.
“White-collar crime” is a broad, informal term that refers to any non-violent crime typically committed in a professional setting for financial gain. Although white-collar crimes are usually committed by professionals, such as accountants, lawyers, doctors, or business people, any person could participate in this type of offense. They typically involve the use of business structures, the Internet, mail, and banks. Although many people believe these offenses only involve federal law, they can also be under state laws.
If you are under investigation or have been charged with a white-collar crime in Collin County, contact an experienced criminal defense attorney as soon as possible. Remember that an investigator or prosecutor can use anything you say against you in a subsequent criminal prosecution.At Rosenthal Kalabus & Therrian, our white-collar criminal defense attorneys are ready to discuss your situation and help you understand your legal rights and options, so call us today at (972) 369-0577.
Do I Need a White Collar Crime Lawyer?
If you suspect you may be a target or a person of interest in a white-collar criminal investigation, it is critical that you speak to a white-collar crime attorney. Even if you have not yet been charged, you may be asked to speak to investigators as part of an investigation voluntarily. Once you let an experienced white-collar criminal attorney know everything you know, we can advise you about your potential criminal exposure and counsel you on whether you should speak with investigators or exercise your right to remain silent.
If you have been charged with a white-collar crime, a knowledgeable defense attorney can help you to understand your legal rights and options. Rosenthal Kalabus & Therrian can begin investigating the facts and circumstances of your case to develop potential legal defenses. We can also start discussing possible resolutions with prosecutors, including dismissal of your charges, reducing the severity of your charges, or, if the circumstances dictate, a potential plea agreement (including cooperation with ongoing investigations).
If you choose to defend against your charges at trial, a white-collar criminal defense lawyer can persuasively advocate on your behalf to a judge and jury. We can try to get the most favorable outcome in your case, whether that be an acquittal or a lenient sentence following a conviction.
Why Choose Rosenthal Kalabus & Therrian to Handle My Case?
If you face white-collar criminal charges or the possibility of being charged in a criminal investigation, Rosenthal Kalabus & Therrian can provide you with the legal representation you need to face your charges or potential charges confidently.
Rosenthal Kalabus & Therrian is the largest criminal defense law firm in Collin County. Additionally, we are the only law firm that has two Criminal Law Board Certified partners. In Texas, board certification, granted to only 1% of attorneys, means that an attorney has demonstrated and been tested for substantial, relevant experience in a select field of law such as criminal law and white-collar crime.
Our firm has extensive resources to dedicate to your criminal case. When you hire us, you will benefit from multiple attorneys collaborating to develop the best possible defense strategy for your situation. No matter what your circumstances are, we will explore every possible avenue in your case to obtain a favorable outcome for you.
Contact Rosenthal Kalabus & Therrian today to schedule a consultation and learn more about how we can help you face a complex white-collar criminal investigation or prosecution.
Types of Cases We Handle
The white-collar criminal defense attorneys of Rosenthal Kalabus & Therrian have helped people across Collin County facing charges for various crimes. We can handle the following white-collar cases:
- Identity theft – Intent to defraud or harm by possessing, obtaining, using, or transferring a living or deceased person’s identifying information without their consent.
- Accounting fraud – Also called bank fraud, illegally obtaining funds, assets, or other property owned or held by a bank or financial institution or fraudulently posing as a bank officer to gain funds from a depositor of a financial institution.
- Bribery – Giving money or a gift to motivate someone to provide favorable influence, actions, or treatment they otherwise would not receive.
- Computer crimes – Knowingly or intentionally committing an offense involving a computer system, network, or data.
- Counterfeiting – Also called fraudulently representing an asset, this crime consists of providing counterfeit or fraudulent money, goods, or services.
- Forgery – Intentionally defrauding or harming another person with writings, such as trademarks, money, credit cards, or identification.
- Embezzlement – Typically involves an employee stealing property, money, or resources from their employer.
- Environmental law violations – Knowingly violating laws that place the environment and people at risk.
- Healthcare fraud – Willfully and knowingly executing or attempting to execute a scheme to defraud a healthcare program or fraudulently obtaining property or money owned by a healthcare program.
- Controlled Substance Act and drug crimes by medical professionals – Knowingly converting a controlled substance for one’s own use or benefit or diverting a controlled substance for another person’s unlawful use or benefit.
- Mail fraud – Using the mail to defraud another person of their property, honest services, or money.
- Wire fraud – Using any electronic communication, such as email, telephone, radio, or fax machine, to defraud someone of their property or money.
- Money laundering – Illegally obtaining assets or money by transferring them through shell corporations, foreign banks, or legitimate businesses to avoid any link to criminal activity.
- Immigration fraud – Fraudulently providing legal services, posing as an authorized representative, giving advice, or participating in other acts involving immigration.
- Securities law violations – Fraudulently purchasing, selling, or inviting someone to purchase or sell securities, such as bonds, investments, stocks, limited partnership interests, investment contracts, debentures, oil and gas interests, or notes.
- Social Security fraud – Abusing or defrauding the Social Security Administration with illegal activities, such as filing claims with falsified documents, bribing a Social Security Administration employee, or selling counterfeit Social Security cards.
- Tax fraud and tax violations – Failing to pay taxes or underpaying the amount owed by falsifying tax and other legal documents or defrauding the Internal Revenue Service by deliberately evading tax laws.
- Foreign Corrupt Practices Act violations – Unlawfully bribing foreign government officials or participating in fraudulent accounting.
- RICO Act violations – Criminal activities surrounding criminal organizations, such as bribery, bankruptcy fraud, money laundering, counterfeiting, etc.
- Perjury – Making a false statement under oath, swearing that a previous false statement is true, or making a false unsworn declaration with the intent to deceive.
- Obstruction of justice – Knowingly and willingly delaying or obstructing a criminal investigation.
If you or a loved one face criminal charges for one of these crimes in Collin County, contact our experienced white-collar crime defense attorneys today to discuss the facts and circumstances and learn more about how our firm can help.
Texas Mandatory Sentences for Criminal Offenses
Texas imposes mandatory sentencing guidelines for the judge to use when determining the punishment a defendant should receive. Criminal offenses can be either misdemeanors or felonies, depending on the circumstances involved. Sentencing for each class or level is below.
Class C Misdemeanor
- Maximum of a $500 fine
Class B Misdemeanor
- Up to a $2,000 fine
- Maximum of 180 days in jail
Class A Misdemeanor
- No more than one year in jail
- Maximum of a $4,000 fine
- 180 days to two years in state jail
- Maximum of a $10,000 fine
- Two to ten years in prison
- Up to a $10,000 fine
- Between two and 20 years in prison
- No more than a $10,000 fine
- Five to 99 years or life in prison
- Up to a $10,000 fine
- Life in prison for offenders under 18 years old; or
- Life in prison without parole for perpetrators at least 18 years of age
Habitual or repeat offenders could face enhanced punishments under Texas Penal Code 12.42. That means you could face penalties under a higher felony conviction for prior convictions of the same or other felony crimes.
Third-degree felonies could increase to a second-degree felony if you have a previous felony conviction other than a state jail felony punishable under Texas Penal Code 12.35(a).
Second-degree felonies could increase to a first-degree felony if you have prior felony convictions other than a state jail felony punishable under Texas Penal Code 12.35(a).
First-degree felonies could result in a life prison sentence or term between 15 and 99 years if you have a previous conviction for a felony other than a state jail felony punishable under Texas Penal Code 12.35(a).
Examples of Defenses We Might Use in Your Case
You need a skilled and qualified Collin County white-collar crime attorney to represent you. The nature of your case requires someone with a thorough knowledge of state laws and the resources to argue against the prosecution’s theories in court.
At Rosenthal Kalabus & Therrian, our legal team knows the steps we need to take to build a solid defense and achieve your desired results. You shouldn’t leave your fate in the hands of an experienced lawyer. You deserve to have someone on your side that will tirelessly and aggressively work to get your charges reduced, or the entire case dismissed.
The most common defenses against white-collar crimes are:
- Lack of intent – Certain offenses, such as tax fraud, requires criminal intent. You could have made an innocent mistake on your tax return, meaning you didn’t intend to underpay the money you owe to the federal government.
- Duress – It’s possible someone forced you to commit the crime. For example, maybe you worked for an employer that threatened the life of you or your family if you didn’t help them embezzle money.
- Innocent – It could be as simple as you are innocent. We would need to gather evidence to show you have an alibi placing you somewhere else at the time of the offense or argue that there’s no solid evidence connecting you to the crime.
- Violation of your rights – Law enforcement must follow specific procedures during the arrest, booking, and questioning of an alleged criminal offender. If they violated any of your rights, such as searching your home without a warrant, we could file a motion to suppress evidence. That way, any incriminating evidence they found against you cannot be admitted during the trial.
- Entrapment – This defense is one of the most common in white-collar cases. There are times when investigators will set up a “sting” operation to catch the perpetrator in the act. However, informants or officers might induce the offense, meaning the defendant would never have committed those acts if it weren’t for law enforcement’s behavior.
- Lack of knowledge – In operations involving multiple parties, one or more might not know their services or participation is being used to commit a crime. For example, someone comes to you for materials they need to print counterfeit money. You don’t realize what they’re using the supplies for, but it resulted in illegal activity.
The defense we use will depend on multiple factors. Sometimes, the prosecutor doesn’t have enough evidence to prove you’re guilty beyond a reasonable doubt. If that’s the case, we might feel confident going to trial, knowing that the jury will likely reach a not guilty verdict.
If it’s clear that we could lose your case, it might be better to enter a plea deal for a reduced charge and a lesser sentence. We’ll explore all available options and advise which we believe can reach a positive result. You’ll have someone in your corner fighting for your rights and freedom every step of the way.
Frequently Asked Questions about White Collar Crimes
The consequences of a white-collar crime conviction are severe. You could spend time in prison, pay an expensive fine, and encounter obstacles upon your release. Rosenthal Kalabus & Therrian understands the overwhelming stress an arrest can cause. We want to prepare you for the battle you’re facing so you know what to expect and how to handle the legal process. We have answered the most commonly asked questions we receive from clients below.
While the term “white-collar crime” has no official definition under the law, the term is popularly understood to encompass any crime that involves the use of deception or abuse of a position of trust, along with a lack of physical violence in committing the crime. In many cases, a white-collar crime is usually committed by a professional, such as an accountant, doctor, or attorney.
Although white-collar crimes are often charged at the federal level, most states usually have their own federal white-collar criminal statutes, such as wire fraud or RICO Act. Certain offenses are exclusively federal, such as mail fraud.
However, criminal investigations are complicated and usually require significant resources to investigate. As a result, many are charged at the federal level since the federal government has more investigators and prosecutors experienced in white-collar prosecutions than in many states.
If you are convicted, your sentence will usually depend on the victim’s total amount of loss. It is important to note that if you had people working with you as part of a criminal conspiracy, the government might choose to charge you for sentencing purposes with the loss of the entire scheme, even if you were only directly responsible for part of the victims’ loss.
A court may decide to merely order a fine, probation, forfeiture of the gains of your crime, and restitution if the dollar amount of loss is small. However, if you have mitigating factors in your background and were responsible (even partly) for a significant financial loss, the court can sentence you to hefty fines and prison time.
You should hire an attorney as soon as possible. Sometimes, prosecutors will notify you that you are a suspect in a criminal investigation or that they believe they may charge you. At that point, it is essential to retain an experienced white-collar criminal defense attorney to begin discussing your case and preparing to defend against criminal charges.
Hiring an attorney will not make prosecutors more likely to charge you because you “look” guilty. Prosecutors understand that any person of interest in a white-collar criminal investigation will want to understand their rights and options and possible outcomes to the inquiry.