Marlton Federal & White Collar Crimes Lawyer
Skilled Criminal Defense Lawyer John B. Brennan Represents Clients Facing Charges of Federal or White Collar Crimes in Burlington County, Camden County, Gloucester County, and Throughout New Jersey
While state-level criminal charges are a serious matter for any person facing such charges, if you or a loved one are facing federal criminal charges, you may quickly get the sense that your situation is much more serious and the stakes are much higher. When you are facing federal criminal charges, the much more advanced and plentiful investigatory resources of federal agencies such as the FBI, the Securities and Exchange Commission, and the Treasury Department are brought to bear on you and your case. Conviction for a federal crime often carries harsh mandatory minimum prison sentences, even if you are convicted for a non-violent financial offense such as a white collar crime. The consequences of a federal conviction on your record can also follow you for years after you’ve completed your sentence.
Facing Charges For Federal & White Collar Crimes And Have Questions? I Can Help, Tell Me What Happened.
You need an experienced criminal defense attorney with the expertise to vigorously represent you in the highest-stakes federal criminal cases. With decades working in the criminal justice system, including 25 years spent as a prosecutor, I know how criminal cases are built and how to vigorously challenge evidence and charges to defend my clients’ rights and interests. I will work tirelessly to have your federal and white collar crime charges reduced or dismissed if possible, and to advocate a strong, persuasive defense at trial, if necessary. My overriding goal is to help you put your charges behind you so that you can get back to your normal life as quickly as possible. When you choose me to represent you in your case, you can rest assured that I will be handling every aspect of your case; I respond to all calls and emails promptly so that you always remain up to date on the status of your case.
Contact me today for a free initial consultation to discuss your charges and to learn more about how I can help you secure the most favorable outcome in your federal or white-collar case.
Common Types of White Collar Crimes
White collar crime is a term that refers to crimes committed with pen, paper, or computer, as opposed to material objects like a weapon or drugs. Accusations of white collar crime typically allege deceit, concealment, or violations of trust.
White collar crimes encompass diverse areas such as:
- Ponzi schemes
- Insider trading
- Copyright infringement
- Money laundering
- Identity theft
- Tax evasion
- Tax fraud
Some white collar crimes are defined exclusively by New Jersey and have no federal counterpart. Cases involving those crimes will be heard in the Superior Court of New Jersey. Conversely, other white collar crimes are defined exclusively by the federal government. If those cases arose in New Jersey, they will be heard in the United States District Court for the District of New Jersey.
At The Law Office of John B. Brennan, I represent clients in the New Jersey Superior Court in Burlington, Camden, and Gloucester Counties, and in United States District Court for the District of New Jersey located in both Camden and Trenton.
Federal and White Collar Crimes Defined
Many white collar crimes involve violations of both New Jersey and federal law. Courses of activity prohibited by both New Jersey and the federal government will never be worded identically. Where a course of activity violates both New Jersey and federal law, the prosecution’s can proceed in both New Jersey and federal courts. The Supreme Court of both the United States and New Jersey say that these separate prosecutions do not violate Constitutional prohibitions against double jeopardy, so they can both be legally pursued in tandem.
- Embezzlement: New Jersey does not have a specific crime that it labels “embezzlement”. Embezzlement crimes under New Jersey law, therefore, would be included under the heading of theft. This would include theft by deception, as well as theft by failure to make required disposition of property received.
- Forgery: Forgery under New Jersey law is defined at N.J.S.A. 2C:21-1. Under that section, it is unlawful to make unauthorized writing that purports to be the writing of someone else. This applies when the writing is made with the intent to defraud or injure someone. This section also prohibits “uttering” any writing known to have been forged. Uttering is the passing of the forged document knowing that it is forged.
- Bribery: A person commits bribery when he offers, confers, or agrees to confer, or accept, an unauthorized benefit upon, or from another. The consideration for the benefit must involve the vote in a political context, or the exercise, or failure to exercise, a discretionary function. Bribery includes offering or accepting benefits as consideration for the performance of official duties. When the official duties relate to a New Jersey state office or a political subdivision thereof the relevant statues are N.J.S.A. 2C:27-2 and N.J.S.A. 2C: 27-3.
- Cybercrime: New Jersey defines a wide range of computer activity to be unlawful. Many of these offenses are described at N.J.S.A. 2C:20-25. Included are accessing computer software, data, or database without authorization. Authorization also is required to alter, damage, or destroy data, or to disrupt computer services, including access to the internet. Cybercrime also includes child pornography.
- Fraud: Fraud under New Jersey law encompasses a wide range of practices. These include falsification of records, fraudulent health care claims, bad checks, insurance fraud, and misrepresentation of mileage on motor vehicles. These crimes are defined, for the most part, in Chapter 21 of Title 2C.
- Copyright infringement/Video Piracy: Section 506 of Title 17 of the United States Code makes it a criminal offense to infringe copyrights. New Jersey does not define copyright infringement as such to be a crime. However, New Jersey does prohibit video piracy. The relevant statute is N.J.S.A. 2C:21-21., the “New Jersey Anti-Piracy Act”. This Act includes both sound and video recordings and includes the manufacture, sale, resale of offering for rental of unauthorized works.
- Environmental Crimes: Federal law defines various categories of environmental crimes. The Federal Water Pollution Control Act begins at Section 1251 of Title 33 of the United States Code. The Ocean Dumping Act begins at Section 1401 of Title 33 of the United States Code. The Act to Prevent Pollution from Ships begins in Section 1901 of Title 33 of the United States Code. The Safe Drinking Water Act begins at Section 33f of Title 42 of the United States Code.
- Insider Trading: Insider trading is not per se illegal. It becomes illegal when insiders base their securities trading decisions upon material, nonpublic information about the security. Insider trading violations may also include trading by persons who receive such non-public information (tips) from insiders. Laws relating to illegal insider trading are enforced by the United States Securities and Exchange Commission (SEC).
- Money Laundering: Provisions against money laundering exist under both New Jersey and federal law. New Jersey includes within money laundering engaging in a transaction involving property known to be derived from criminal activity with the purpose to facilitate the criminal activity, or to avoid transaction reporting requirements. Depending upon the value of the transaction in question, money laundering can be a crime of the third, second, or first degree. Regardless of the degree, the fine for money laundering under New Jersey law can be up to $500,000. In the federal context, the fine for money laundering is $500,000 or twice the value of the transaction whichever is greater. The maximum penalty is 20 years in federal prison.
- Securities Fraud: New Jersey includes securities fraud in Chapter 41 of its criminal code. This section relates to racketeering, which includes fraud in the offering, sale, or purchase of securities when those activities violate the laws of New Jersey or any other jurisdiction. Ponzi schemes would fall under this definition. By its expansive definition securities fraud in New Jersey incorporates by reference securities fraud under federal law. Persons convicted in federal court of securities fraud face imprisonment of up to 25 years.
- Tax Evasion and Tax Fraud: Tax evasion and tax fraud can be either a New Jersey or federal crime or both depending on the government entity involved.
Dedicated Criminal Defense Attorney John B. Brennan Has the Experience to Defend You When You’ve Been Accused of a Federal or White Collar Crime in New Jersey
There are many reasons why a crime is charged at the federal rather than the state level, including a crime being committed against or involving a federal agency or federal employee, the crossing of state or national borders during the crime, or an offense specifically triggering a federal criminal statute that does not have an equivalent state statute. Many federal crimes, especially financially-related white collar crimes, are particularly factually complex and involve significant amounts of evidence, which is why these crimes are often left to the vast resources of federal law enforcement investigators and prosecutors.
When you are under investigation for or have been charged with a federal or white collar crime, contact me to discuss how I can bring my experience and legal knowledge to help you address your charges and fight for a favorable outcome in your case. I will work tirelessly to ensure that your rights are protected and observed throughout the course of your case, including challenging the admission of critical prosecution evidence that may have been obtained in violation of your rights.
Schedule a Free, Confidential Consultation with The Law Office of John B. Brennan to Discuss Your Case
If you’ve been charged with a federal or white-collar crime, you could be facing serious, life-altering consequences in the event of a conviction. Prosecutors at both the state and federal level often bring the full resources of their offices to investigate these crimes, so you need an experienced attorney who can navigate the factual and legal complexities of a federal or white-collar crime case. Contact me today to schedule your free, confidential initial consultation to discuss the details of your case and to get my honest assessment of your legal options and the potential outcomes of your case. Criminal cases move quickly at the outset, so don’t wait another day to talk to a knowledgeable attorney about your rights.
Frequently Asked Questions about Federal & White Collar Crimes in New Jersey
Federal criminal cases differ from state cases in several important ways. First, federal investigatory and law enforcement agencies often have more substantial resources to investigate crimes than state agencies, meaning federal investigators often have significantly more evidence than state prosecutors do. In addition, sentencing for federal crimes is often much more severe than similar crimes at the state level, and federal sentencing judges often have less leeway in imposing more lenient sentences. As a result, if you’ve been charged with a federal crime you need a criminal defense attorney who has experience representing clients in federal court.
Although white-collar crimes are often defined similarly at the state and federal level, when these crimes are charged in federal court it is often because the scope of the crime is alleged to extend across state or national borders and involve significantly more victims and money than white-collar crimes that are prosecuted on the state level.