Alexandria White Collar Crimes Attorney
Legal Support in Alexandria & Leesburg for White Collar Charges
Our white collar crimes defense attorneys in Virginia frequently undertake the defense of federal and state white collar investigations and criminal charges, including allegations of honest services fraud and bribery related to government contracts, mail and wire fraud, mortgage fraud, health care fraud, embezzlement, and other non-violent or financially related matters.
These crimes can carry severe penalties, including substantial fines and lengthy prison sentences. A conviction for a white collar crime can result in serious long-term consequences, not just criminal penalties but damage to one's professional reputation and personal life.
Our team of skilled white collar crimes attorneys in Alexandria and Leesburg is here to guide you through every aspect of your case. Call (703) 468-8557 or reach out online for a free legal consultation and let us help you explore your options.
Penalties for White Collar Crimes in Virginia
The penalties for white collar crimes can vary widely depending on the specific charge, the amount of financial harm caused, and whether the crime was prosecuted under state or federal law.
Common penalties include:
- Fines: Defendants convicted of white collar crimes may be required to pay significant financial penalties. These fines can range from thousands to millions of dollars, depending on the severity of the crime and the amount of financial loss involved.
- Restitution: Courts may order defendants to compensate victims for financial losses resulting from their crimes.
- Imprisonment: While white collar crimes do not typically involve physical violence, they can still result in long prison sentences. For example, federal fraud offenses can carry sentences of up to 20 years in prison.
- Probation: In some cases, the court may grant probation instead of a prison sentence, although this often depends on the defendant’s prior criminal record and other factors.
Federal vs. State White Collar Crimes
White collar crimes can be prosecuted under both state and federal law, depending on the nature of the offense. Federal prosecutors generally handle white collar crimes that involve interstate or international elements, large-scale frauds, or sophisticated financial schemes. On the other hand, state law generally governs crimes that occur within Virginia’s borders and involve local businesses or individuals.
The distinction between federal and state prosecution often leads to differences in penalties, resources available for investigation, and the complexity of the case. A federal conviction for white collar crime typically carries more severe penalties, including longer prison sentences, higher fines, and broader restitution requirements.
Having an experienced Alexandria white collar crimes attorney who understands the differences between state and federal law is essential for building a strong defense. The attorneys at King, Campbell, Poretz, and Mitchell have the experience necessary to navigate both state and federal courts and can provide effective defense strategies tailored to the unique aspects of your case.
Proactive Defense Strategies for White Collar Cases
Defense strategies in white collar crime cases are varied and depend on the specific charges and evidence involved. Common defenses include arguing a lack of criminal intent, showing that the alleged actions were the result of a mistake or accident, or claiming entrapment by law enforcement. A lack of sufficient evidence or weak evidence may also be used to challenge the prosecution's case, as well as procedural defenses, such as violations of the defendant's rights or improper evidence handling. Each of these strategies aims to weaken the prosecution’s case and protect the defendant's rights.
In certain situations, we recommend that clients subject to white collar investigations take proactive measures (usually through counsel) to mitigate or obviate the possibility of criminal charges. Proactive measures may include appropriately responding to government inquiries for information or grand jury subpoenas, potentially meeting with law enforcement and prosecutors, and/or tendering or paying back allegedly improperly obtained property or funds.
Our Alexandria white collar crimes attorneys assess each situation individually to determine whether the client has criminal exposure and the appropriate course of action.
How King, Campbell, Poretz, and Mitchell Can Help
In defending complex and high stakes criminal cases, we assemble trial teams of experienced and capable trial attorneys, investigators, experts, and support personnel. We routinely engage in extensive pretrial motion practice to limit or suppress evidence in addition to requesting other forms of relief.
We also believe in conducting thorough factual investigations, preparing and vetting witnesses and cross-examination, and in certain cases, we present prosecution and defense arguments to mock juries to aid us in understanding the impact of evidence and argument. We have tried numerous cases to conclusion before judges and juries and secured acquittals in high stakes cases.
We Utilize Experts & Investigators in White Collar Defense
The use of experts is sometimes necessary to capably defend white collar allegations. We have relationships with many experts, including experts in computer and phone forensics, accounting, and other fields.
We also regularly use private investigators who become integral parts of our trial teams. Our investigators have backgrounds in law enforcement and public defense.
FORFEITURE AND RESTITUTION
In white collar matters issues of potential asset forfeiture and restitution should be considered early on in the representation to attempt to limit the client’s personal financial exposure. A significant forfeiture and/or restitution judgment may have life long financial consequences. Further, the government may seek to satisfy a restitution or forfeiture judgment through not only the seizure of improperly obtained assets, but through seizure of substitute assets (e.g. personal bank accounts, homes, vehicles, or other assets).
It is also important to recognize that restitution and forfeiture are different and a client could be responsible for both. Restitution serves to make an alleged defrauded victim whole. Forfeiture is used to disgorge illicit profits. It is necessary in all white collar cases, especially in federal ones, to work to avoid a client paying restitution and being held responsible for forfeiture of any profits, which can result in substantial unfairness if they are one in the same.
In considering restitution and forfeiture issues early on in a white collar case, the government and alleged victims of financial fraud recognize it is often better to get something upfront as opposed to obtaining a paper judgment that needs to be collected on later. This can lead to more favorable negotiated financial resolutions and overall results.
Effective Plea Negotiations and Sentencing Advocacy
While we have extensive trial experience, we recognize plea negotiations are an essential stage of any criminal case and we have an ethical responsibility to appropriately seek, negotiate, and communicate plea offers. In this regard, successful pre-charge negotiations, presentation of mitigation, and/or pretrial litigation can sometimes assist in obtaining a favorable plea offer.
In white collar matters, we recognize potential incarceration (especially in federal cases) is significantly driven (sometimes unfairly) by the intended loss or pecuniary harm. For example, the federal sentencing guidelines “award bonus punishment points for different levels of proven loss.” United States v. Schneider, 930 F.2d 555 (1991). That is, the federal sentencing guidelines “loss table” recommends greater punishment based on the actual or intended monetary loss. See Guideline section 2B1.1.
In this regard, negotiating the “loss” upfront to a lesser amount can save a client significant prison time as well as sometimes mitigate the client’s exposure to restitution and/or forfeiture.
However, pecuniary harm, albeit important, is not the only sentencing factor in a white collar case. There may be mitigating factors that explain, in whole or in part, the alleged offense conduct that should be considered in fashioning a fair resolution and/or sentence.
Mitigating factors can include:
- Lack of prior record.
- Lack of actual loss (e.g. performing the work of an improperly awarded contract).
- Work and social history, family, contributions to the community and public service.
- Military service (including PTSD and TBI).
- Substance abuse and/or mental health issues.
- Disabilities.
- Immaturity.
- Peer pressure.
- Financial pressure.
- Heat of passion.
In this regard, with the client’s agreement, we wish to get know the people we represent in order to potentially present mitigating evidence to prosecutors and judges. In cases where a plea agreement is reached and the court decides the sentence, we may present live witnesses and/or experts in advocating for a particular outcome at a sentencing hearing.
We also typically prepare a detailed written submission to the sentencing court in the form of a memorandum in aid of sentencing (also known as a position on sentencing in federal court) that may argue sentencing guidelines points, but as importantly, discusses the characteristics and background of the defendant, argues mitigating issues, and makes a principled sentencing recommendation.
Feel free to contact us at (703) 468-8557 if you would like to confidentially consult on a criminal matter with our white collar crimes attorney in Alexandria.
AWARDS & ASSOCIATIONS
WHAT PEOPLE SAY
At King, Campbell, Poretz, and Mitchell, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I'd recommend him to anyone in need of help. Very patient and understanding. Walks you through the entire process step by step"
Mr. Ryan Campbell is The Great Lawyer! Very knowledgeable about the law and had my case dismissed!
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Right from the start, I felt like I was in good hands. I could tell Joe King really cared about my situation and believed me.
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Mr. King has the ability to really and truly listen, and then starts to strategize from a point of understanding.
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From our initial meeting and throughout the process I had a 100% confidence I had made the right choice. Joe was easy to communicate with, very professional.
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Mr. Campbell went above and beyond to defend me and I am great-full to have representing me.
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My case became so complex and Evelyn managed to be one step ahead each time. She kept me updated at every step.
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Mr. Sherlock is definitely for the people he represents.
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I highly recommend Evelyn Mitchell, if your marriage must be dissolved she is a lawyer you can trust to watch for your best interests and bring you to a good conclusion.
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