Kansas City White-Collar Criminal Defense Attorneys

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White-collar crimes are financially motivated, non-violent offenses generally involving deceit and/or breaches of trust. Facing charges for so-called “white-collar crimes” (sometimes called “corporate crimes”) can be both frightening and all-consuming. Being charged with a white-collar crime brings not only a threat of incarceration and hefty fines, but also the potential for significant reputational harm. Particularly when accompanied by a seizure or freeze of assets, mere charges—although unproven—can compromise your ability to operate your lawful business, provide for your family, or continue with the ordinary tasks of daily life. Our Kansas City white-collar criminal defense attorneys can help you.

Experienced Kansas City White-Collar Criminal Defense Lawyers

Joseph, Hollander & Craft’s white-collar criminal defense lawyers in Kansas City deliver the veteran experience, tactical judgment, and practical know-how required to navigate you through the legal terrain that lies ahead. Our criminal defense attorneys regularly defend individuals and businesses facing white-collar criminal investigations and charges in Kansas and Missouri.

Our clients span countless business sectors and multiple legal areas. We have helped politicians, healthcare providers, finance professionals, entrepreneurs, and their businesses avoid or mitigate criminal charges and penalties. We have successfully defended everything from financial crimes like embezzlement, bribery, and fraud (including tax fraud, Medicare fraud, health care fraud, wire fraud, mail fraud, and bank fraud) to alleged violations of environmental laws and regulations (like the Clean Water Act, the Clean Air Act, and all rules promulgated by the Environmental Protection Agency).

If you need an attorney experienced in defending white-collar charges, make our Kansas City criminal defense lawyers your first call.

Competent Criminal Defense at the State and Federal Level

Our Kansas City white-collar criminal defense attorneys are known for combining exhaustive independent investigation and strategic advocacy to achieve favorable outcomes for white-collar criminal defendants. We are fluent in the differences between federal and state investigations, prosecution, trial, and sentencing—a reality many do not understand and for which they may ultimately pay a terrible price. Differences range from procedural quirks and applicable case law to local politics and power struggles. Having litigated white-collar cases at the federal and state level, Joseph, Hollander & Craft’s attorneys are adept at identifying the appropriate defensive tactics for your case and your situation.

Often, clients face concurrent or successive actions in state and federal court. In addition, white-collar criminal investigations and prosecutions often follow civil regulatory proceedings, as criminal investigators and prosecutors build off the work done by their civil counterparts.

Strategic Defense Counsel During Investigations

Our white-collar criminal defense attorneys in Kansas City assist corporations and individuals anticipating or involved in government investigations with potential criminal ramifications. We counsel clients through criminal and civil investigations by the Department of Justice and other federal agencies as well as investigations undertaken by state attorney general offices and state agencies.

White-collar criminal investigations can last for an extended duration, and the targets of those investigations often have no idea they are suspected of wrongdoing. However, if a civil regulatory agency is investigating, you should be on alert. Civil agencies share their findings with criminal investigators and can serve as the starting point for a full-scale criminal inquiry—even when businesses and their officers and directors are cooperative with the civil matter and even when the civil matter is working toward an agreed resolution or consent decree.

Do not make the mistake of assuming civil compliance issues will stay with civil authorities. Engage defense counsel as soon as possible to determine and limit your exposure to criminal prosecution and penalties. Joseph, Hollander & Craft’s Kansas City white-collar criminal defense attorneys frequently team up with civil litigators to protect businesses, business owners, corporate officers, and other individuals against criminal allegations that may arise from regulatory investigations and proceedings.

Contact Our Experienced Kansas City White-Collar Criminal Defense Attorneys

We help clients respond to grand jury subpoenas, administrative subpoenas and search warrants, and other civil investigative demands with an eye on limiting their civil and criminal exposure.

Don’t delay—call Joseph, Hollander & Craft’s Kansas City white-collar criminal defense lawyers today.

FAQs

Can the government freeze or seize my assets?

It is not uncommon for physical property (e.g., cars and airplanes) to be seized or bank accounts to be frozen during a criminal investigation or prosecution if the government can produce some evidence tending to show that the property or funds used to purchase the property were linked to criminal activity. Once the government has seized an asset or frozen an account, it will attempt to forfeit the property through criminal, civil, or administrative proceedings.

Although not all forfeiture proceedings require a criminal conviction, all forfeiture proceedings involve an allegation of criminal conduct. If your property is the subject of an investigation, you may also be the subject of an investigation. If your tangible property has been seized by law enforcement or you have been blocked from accessing your account, you should consult with criminal defense counsel immediately.

Will I be charged under the RICO statute?

A person violates the Racketeer Influenced and Corrupt Organizations (RICO) Act when, in connection with an enterprise, he engages in a pattern of racketeering activity (defined to include a long list of crimes from arson and murder to currency reporting violations).

The original purpose of the RICO Act was to provide a basis for prosecuting Mafia “bosses” who were able to avoid criminal prosecution and liability by having others commit crimes for them. It is now used more broadly.

Business owners and executives can be charged under RICO when their businesses engage in criminal conduct, including financial crimes like mail fraud, wire fraud, bank fraud, and embezzlement.

Public officials may be charged under RICO for corruption offenses like participating in kick-back schemes, accepting bribes, and related conspiracies.

How long will I go to prison for a white-collar crime?

Whether and how long you will be imprisoned for a white-collar crime depends on several factors, such as:

• the jurisdiction (state or federal)
• the nature of the crime (including whether there were identifiable victims)
• the extent of the resulting harm (which often includes consideration of the number of victims impacted and the total financial loss caused)
• your criminal history
• any mitigating or aggravating factors relevant to your conduct

Statutory minimum and maximum sentences provide the outermost limits of possible sentences. Below is a list of the statutory sentencing ranges for several federal white-collar crimes:

• mail fraud (18 U.S.C. 1341): 0-30 years
• wire fraud (18 U.S.C. 1343): 0-30 years
• bank fraud (18 U.S.C. 1344): 0-30 years
• embezzlement of public funds (18 U.S.C. 641): 0-10 years
• theft/embezzlement by bank officer or employee (18 U.S.C. 656): 0-30 years
• theft/embezzlement from employee benefit plan (18 U.S.C. 664): 0-5 years
• theft/embezzlement in connection with healthcare (18 U.S.C. 669): 0-10 years

Will I face a civil lawsuit as well as criminal charges?

It is possible to face a civil lawsuit seeking compensatory or injunctive relief or a civil government enforcement action based on the same conduct that can be prosecuted in a criminal case. It is important to understand the difference while managing overlapping civil and criminal litigation with a comprehensive strategy.

The civil and criminal actions will differ in terms of:

• the applicable standard of proof (beyond a reasonable doubt v. preponderance of the evidence)
• the discovery process (e.g., subpoena power; applicability of Brady, etc.; availability of depositions)
• the ultimate goal (monetary and injunctive relief v. criminal penalties including incarceration)

But the overlapping facts and legal issues involved often require coordination of your defense. Your civil and criminal defense teams should be in regular communication.

What is the most common white-collar crime?

White-collar crimes are crimes that are non-violent and financially motivated. They typically involve deceit and/or breaches of trust. The most common white-collar crime is probably fraud, as the term “fraud” may be used generally to refer to any criminal deception intended to result in financial or personal gain.

Is embezzlement a white-collar crime? 

Embezzlement—theft or misappropriation of funds placed in someone’s trust or belonging to someone’s employer—is a white-collar crime.

What is white-collar fraud?

The term “fraud” may be used generally to refer to any criminal deception intended to result in financial or personal gain. White-collar frauds are the types generally related to business and financial interests.

What is an administrative warrant?

An administrative warrant is an order issued by a judge, which permits an administrative body to compel the production of information believed to be pertinent to a violation of administrative rules and/or regulations. In effect, it is similar to a criminal warrant. However, the standard of proof required to obtain an administrative warrant is usually lower than the standard required to obtain a criminal warrant.

Do You Have a Kansas City Defense Attorney Near Me?

Joseph, Hollander & Craft’s Kansas City office is located off the corner of 10th & Cherry Street, close to the Charles Evans Whittaker U.S. Courthouse and the Jackson County Courthouse. We also maintain offices in Overland Park, Lawrence, Topeka, and Wichita.