QUESTION: What charges are normally sought in a white collar case?
Generally speaking, allegations of fraud are at the heart of the complaints in a white collar case. Prosecutors generally will use mail fraud, wire fraud, bank fraud, securities fraud, conspiracy and/or money laundering.
The essence of a fraud case are allegations of a scheme or plan to defraud by either misrepresenting facts or omitting material facts which results in money being paid by the alleged victim(s). In the context of wire fraud and mail fraud, each use of the mail or wire constitutes a separate offense. Thus, it is normally possible for a prosecutor to easily obtain a large number of charges in this context. It is also very easy to add money laundering charges since any funds derived from wire fraud or mail fraud can give rise to a money laundering charge if such funds are withdrawn or deposited in a bank account. Prosecutors will typically add the money laundering charges to an indictment in order to increase the punishment range under the Federal Sentencing Guidelines. In order to properly assess the potential charges in any given factual setting, consultation with an experienced white collar attorney is necessary.
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