Tampa White Collar Crime Lawyers
While not violent in nature, white collar crimes still cause harm to a wide range of individuals and businesses. This is why prosecutors and the courts take these criminal charges very seriously. And, if you have been accused of a white collar crime, you need to take these charges seriously as well.
Defending against a white collar crime, especially at the federal level, is not a task for inexperienced or part-time criminal defenders. The stakes are high, the evidence is complex and the applicable laws are multilayered. If you are up against a white collar criminal charge, you need experienced and aggressive advocacy on your side. You need a law firm like O’Brien Hatfield, P.A..
Our practice is limited to criminal defense, and we have a specific focus on federal and white collar crimes. Both of our firm’s partners have significant experience as criminal prosecutors and defenders. We understand how the government forms its case against you, and we know how to work with the opposition to help you get the best results possible for your specific circumstances. Our attorneys accept federal cases throughout the state of Florida.
“This was a lot worse than most people could possibly comprehend”, white-collar criminal defense attorney Mark J. O’Brien said in an interview with the Boston Globe.
– Sunday Boston Globe
We are fully equipped to help address any type of white collar crime, including charges of:
- Antitrust violations
- Bribery crimes
- Counterfeiting of money or documents
- Embezzlement of funds
- Illegal dumping of waste and other environmental crimes
- Foreign Corrupt Practices Act
- Acts of identity theft
- Money laundering
- Defrauding clients through Ponzi and pyramid schemes
- Public corruption by a politician or public figure
- Racketeering/RICO charges
Our law firm also handles white collar crimes that involve violations of the Sarbanes-Oxley Act.
Fighting Money Laundering And Embezzlement In Florida
Money laundering (18 U.S.C. Section 1956) is the transfer of money derived from almost any criminal activity (including organized crime, white collar offenses and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds. It can also be the avoidance of transaction reporting requirements under state or federal law.
A money laundering conviction can result in a fine up to $500,000 or twice the value of the property involved in the transaction, whichever is greater; up to 20 years in prison; or both. In addition, a civil penalty of not more than the greater of the value of the property or funds involved or $10,000 may be assessed.
Embezzlement occurs when people in positions of authority or trust unlawfully take money that has been entrusted to them. This crime can occur in any number of contexts. For example, employees such as bookkeepers or accountants can be accused of embezzlement when funds “go missing.” Lawyers accused of misappropriating client funds can also face embezzlement charges. If you are being investigated in connection with embezzlement accusations or if you have already been charged with a crime, it is important to contact a criminal defense lawyer immediately.
Embezzlement can be charged as a felony or misdemeanor, depending on the amount allegedly taken. Defenses against an embezzlement charge vary greatly based on the facts of the case. When the government can prove a pattern of unlawfully taking money over months or years, it may be more difficult to challenge the evidence. In these cases, your defense may be aimed primarily at mitigating the criminal penalties. In other less severe situations, it may be possible to pay restitution.
Tampa Antitrust Violations Lawyers
Title 15 of the U.S. Code covers antitrust violations and includes the Sherman Antitrust Act, the Federal Trade Commission Act, the Securities Exchange Act of 1934, the Clayton Antitrust Act, the Consumer Product Safety Act and the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003.
Antitrust conspiracy charges can involve state and federal laws as well as criminal and civil penalties. Criminal penalties can include large fines or imprisonment; civil remedies can include injunctions, divestiture and cancellation of contracts.
Antitrust violations include unfair trade practices and unfair competition such as:
- Trade restraint
- Attempt to monopolize or exclude business
- Price fixing
- False advertising
The state and federal governments may both investigate antitrust violations. Your lawyer must be experienced in state and federal courts. Additionally, the firm must have the manpower to staff a complex case, which may last for years. At O’Brien Hatfield, P.A., we have the ability to take on large cases with lengthy investigative phases.
What Is The Foreign Corrupt Practices Act, And What Does It Do?
The Foreign Corrupt Practices Act (FCPA) bars bribery of foreign officials. Under the FCPA, the terms “bribe” and “foreign official” are defined broadly. A bribe can constitute any item of value. A foreign official can be defined as any government employee or military official.
If you can prove that a payment to a foreign official was in order to facilitate “routine governmental action,” the FCPA does not apply. In addition, if you can prove that the payment was lawful under the written laws of the foreign country, it is a total defense to FCPA allegations. Lastly, if you can prove that a payment is a reasonable expenditure, including for lodging or travel, the FCPA does not apply.
Seeking An Effective Resolution To Environmental Crime Allegations
Businesses must comply with a host of state and federal environmental regulations. These regulations govern a wide range of conduct, including the safe disposal of toxic or hazardous waste and materials. Failure to comply with these regulations can lead to severe civil and even criminal sanctions. Further, negative press coverage of environmental violations can cause immeasurable damage to a company’s reputation.
Our Florida environmental crimes lawyers are able to take on all types of allegations, including:
- Illegal dumping of hazardous materials (medical waste, car parts, etc.)
- Groundwater or soil contamination
- Air pollution
When law enforcement agents investigate environmental crimes, they will frequently attempt to pit employees of a corporation against its directors and officers. Basically, the government will attempt to use leverage against an employee suspected of wrongdoing to implicate others in the company. Our law firm represents either individuals or corporations facing these accusations. We will take a strategic approach to minimize the potential civil and criminal penalties as well as any media fallout that could arise from an investigation.
Building A Solid Defense For You
Many of the above crimes involve a significant amount of evidence, which requires detailed review and analysis. Our lawyers are highly skilled in case discovery and assembling key evidence to protect you against these serious allegations. When necessary, we call upon our network of experts to help defend your best interests.
Because of the serious nature of white collar charges, the sooner you get a law firm involved, the better. From the moment you retain our legal services, we take immediate and calculated action to help you mitigate the consequences of your criminal charge.
Have Your Assets Been Frozen?
A recent Supreme Court ruling may be of assistance to you. The court ruled that the government cannot freeze assets that are unrelated to a criminal activity. This is a practice that has often been used in cases involving fraud, leaving defendants without the resources necessary to hire an attorney of their choosing.
Orlando And Tampa, Florida, White Collar Crimes Law Firm
Our results show why so many others throughout have trusted us with their criminal matters. For a free consultation, call our firm at 813-440-2347 or contact us online. Our Tampa white collar crime attorneys are ready to help.