White Collar Criminal Defense
White Collar crimes are typically financially motivated, often involve professionals, and do not involve violence. White-collar criminal prosecutions usually involve allegations of fraud, theft, or corruption. Some examples of white-collar criminal defense cases that John Diaz handles include:
Mail and Wire Fraud
- A person is charged with mail fraud when it is alleged that they have committed fraud – a scheme to obtain money or property under false pretenses – using the mail (e.g. US Postal Service, or private carries like UPS.)
- Wire fraud, although a separate offense, is commonly charged with mail fraud, and is often charged when a person uses wire transfers to commit fraud (e.g. Western Union, credit cards, or other types of bank transfers.)
Healthcare fraud occurs when insurers, doctors, nurses, or other healthcare workers are accused of defrauding a government agency or insurer.
Examples of healthcare fraud include:
- Overbilling for services, medications, or medical equipment
- Providing unnecessary services
- Billing twice for the same services
- Billing for services that were never provided
A person is charged with securities fraud when they are accused of defrauding investors through material misrepresentations.
Examples of securities fraud include:
- A company that inaccurately reports its financial status to induce investments
- Bond fraud
- Pump and dump scams
- Insider trading
A company that inaccurately reports its financial status to induce investments; Bond fraud; Insider trading; Bank fraud encompasses a wide range of fraudulent activity designed to take money illegally from a bank or other financial institution and may include:
- Accounting fraud; Demand draft fraud
- Duplication or skimming of bank cards
- Forged documents or fraudulent loan applications
- Money laundering
- Check kiting
When a person is accused of engaging in a fraudulent scheme to enrich themselves at the expense of their company or shareholders, they may be charged with corporate fraud. Types of corporate fraud include:
- Giving false information or withholding information from investors
- Accounting or Bankruptcy fraud
- Ponzi schemes
Extortion, Bribery, and Public Corruption
Public corruption crimes include accusations of bribery, including kickbacks or other inducements intended to influence government actions. A public official can be the target of a public corruption investigation under a number of statutes, including:
- The Hobbs Act
- Mail and wire fraud statutes
- The honest services fraud provision
- The Travel Act
- The Racketeer Influenced and Corrupt Organizations Act (RICO)
- The federal program bribery law
Federal Sentencing Hearings
If you have been charged with a white-collar crime, and whether you have decided to enter a guilty plea or proceed to trial, your lawyer must be familiar with the federal sentencing guidelines and must be prepared to argue for the lowest possible sentence.
John Diaz is experienced in white-collar criminal issues including mail and wire, insurance, bank, and healthcare fraud cases. He represents clients charged with fraud at the trial level, the appellate level, and federal § 2255 motions in federal court and courts of appeal.
Federal sentencing is a complex area of law and planning for federal sentencing includes many moving parts, such as:
- The sentencing range for the crime you are charged with, including any mandatory minimum sentences
- Calculation of your criminal history category and base offense level
- Particularly important in white-collar cases is the total “loss amount” and how it will affect the offense level
- Reductions in the offense level for things like acceptance of responsibility or downward departures based on substantial assistance
- When to object to the presentence investigation report
- Civil forfeitures and restitution.
John Diaz has over a decade of experience as a federal trial lawyer and is familiar with the sentencing guidelines. He is admitted to practice in the Federal District Court for the Southern and Eastern Districts of New York, as well as the Second Circuit Court of Appeals.
If you or someone you know has been charged with a white-collar crime in federal court, or if you believe you are under investigation by federal authorities, contact our office to consult with an experienced and knowledgeable attorney.