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White Collar Crimes

What to Do if You’re Charged with Criminal Fraud

If you have been charged with criminal fraud, theft, racketeering, money laundering, robbery, forgery, extortion, false reporting, shoplifting or other white collar crimes, you’re going to require a skilled Arizona criminal attorney.

Many times people are accused of Fraud by dishonest business partners or employers. Sometimes the Defendant has been told that they can pay personal expenses with company checks as a sort of “bonus” that the employer can then write off as a taxable event (i.e., “Lack of Knowledge” and “Lack of Intent”). When the relationship goes bad, the employer then simply accuses the employee of some sort of “Embezzlement”. Also, business deals may fall apart and an accuser can simply claim that they were misinformed or that key elements were omitted (i.e., “material omissions”) which caused them a loss. It is important to have all elements of the case analyzed thoroughly.

Click to learn more about possible defenses and/or punishment for criminal fraud.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). David Michael Cantor is a Fraud Attorney in Arizona and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Criminal Attorney David Michael Cantor.


The Advantage of a White Collar Attorney in Arizona

Ask any white collar attorney in Arizona. Ever since the Enron Scandal, prosecutors have become more sensitive to white collar crimes and have begun to prosecute them more vehemently. While your average district attorney may not prosecute cases as complex and far reaching as the Enron debacle, even straight forward white collar cases can present defense challenges for the white collar attorney.

While public defenders and private defense firms may cover a broad spectrum of crimes, the experience of a white collar attorney is dramatically different from that of any other. The defense counsel are often overwhelmed by the amount of paperwork a prosecutor can produce, especially if the counsel typically deals with narcotics, violent crime or other criminal specialties. Ideally, it’s best to go with a white collar attorney who knows the ins and outs of white collar criminal cases and can handle the sheer amount of paperwork that’s involved.

A lack of statutory and case law guidance on white collar crimes issues in regards to discovery matters  presents considerable challenges to both prosecutor and white collar attorney alike. Researching federal cases law relating to white collar criminal discovery gives judges guidance at the state level. While state case law if preferable, a white collar attorney has the opportunity to educate the judiciary on discovery issues unique to white collar crime, as the judiciary may be willing to incorporate federal case law in their decisions, particularly that requiring prosecutors to disclose the documents they intend to use during trial.

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How a Good White Collar Lawyer in Arizona Can Leverage “Puffery”

The recent economic roller coaster face experienced by many corporations around the world has resulted in an unprecedented numbers of people in need of a white collar lawyer in Arizona. As the director of the FBI confirmed last fall, 24 large financial institutions have been investigated for some type of alleged fraud. Whether or not these investigations will result in a filing of charges, it is clear that the current financial crisis will bring about a wave of violations and civil suits alleging violations of the Security Exchange Act of 1934 based on purported material misstatements about a public company’s performance. These companies will soon become the clients of a white collar lawyer.

While these new cases may be bigger and have a higher profile than cases in the past, the legal issues are no different than those faced by any case involving a white collar lawyer. Most of the current cases center themselves around classic securities fraud. So while they may be bigger and more extensive, they involve the same basic issues as any other white collar crime.

A white collar defense lawyer in Arizona is likely to argue that the alleged statements were in fact not material, and therefore cannot form the basis of a legal liability. What counts as a material statement? Statements are considered material when there is a substantial likelihood that a reasonable shareholder would consider the matter relevant enough to affect his or her vote. (more…)


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