Facing White Collar Crime Charges in New Jersey? Get Aggressive Defense

In New Jersey, white collar crime accusations can be devastating, impacting not only your freedom but also your career, reputation, and financial stability. These cases often involve intricate financial records, complex regulations, and aggressive prosecution by both state and federal authorities. If you are under investigation for, or have been charged with, a white collar crime, you need an experienced and dedicated attorney who understands the nuances of New Jersey law and federal regulations.

Brett M. Rosen, Esq. is a criminal defense lawyer with a deep understanding of white collar crime defense. He has experience representing clients facing a wide range of charges, from complex fraud schemes to embezzlement and money laundering. He offers personalized attention, meticulous case preparation, and a commitment to hopefully achieving the best possible outcome for each client. He understands the stress and uncertainty you’re facing, and he’s here to guide you through every step of the legal process. Contact him today for a free consultation 908-312-0368.

A Comprehensive Overview of White Collar Crimes in New Jersey

“White collar crime” encompasses a broad spectrum of non-violent, financially motivated offenses. These crimes are often characterized by deceit, concealment, or violation of trust. They are not victimless crimes; they can cause significant financial harm to individuals, businesses, and even government entities. New Jersey prosecutors, along with federal agencies like the FBI, SEC, and IRS, are increasingly focused on investigating and prosecuting white collar offenses.

Specific Examples of White Collar Crimes in New Jersey

• Fraud:
  • Bank Fraud (N.J.S.A. 2C:21-6): Example: Falsifying loan applications, check kiting, using stolen checks. Case Example: State v. Stroger, 97 N.J. 391 (1984) (discussing elements of bank fraud).
  • Insurance Fraud (N.J.S.A. 2C:21-4.6): Example: Staging car accidents, submitting false claims for medical treatment, inflating property damage claims.
  • Healthcare Fraud: Example: Billing for services not rendered (“phantom billing”), upcoding (billing for a more expensive service than was performed), kickback schemes.
  • Securities Fraud: Example: Insider trading, making false statements in SEC filings, manipulating stock prices.
  • Tax Fraud (N.J.S.A. 54:52-8 et seq.): Example: Underreporting income, claiming false deductions, failing to file tax returns. Case Example: State v. Damiano, 322 N.J. Super. 22 (App. Div. 1999) (discussing tax evasion).
  • Mortgage Fraud: Example: Providing false information on a mortgage application to obtain a larger loan, using “straw buyers.”
  • Mail and Wire Fraud (Federal Offense – 18 U.S.C. § 1341 & 1343): Example: Using email or the postal service to send fraudulent solicitations or invoices. This is a very commonly used federal charge because it’s so broad.
• Embezzlement (N.J.S.A. 2C:20-3 & 2C:20-4 – Theft by Unlawful Taking or Disposition & Theft by Deception): Example: An employee siphoning funds from a company account, a treasurer misappropriating funds from a non-profit organization.
• Money Laundering (N.J.S.A. 2C:21-25): Example: Depositing proceeds from drug trafficking into a legitimate business to conceal the source of the funds. Structuring transactions to avoid reporting requirements.
• Forgery (N.J.S.A. 2C:21-1): Example: Creating fake checks, forging signatures on contracts, altering financial documents.
• Bribery (N.J.S.A. 2C:27-2): Example: Offering a bribe to a public official to secure a contract, accepting a bribe to influence a decision. There are also specific statutes for commercial bribery (N.J.S.A. 2C:21-10).
• Computer Crimes (N.J.S.A. 2C:20-23 et seq.): Example: Hacking into a company’s network to steal data, using malware to defraud individuals, identity theft.
• Identity Theft (N.J.S.A. 2C:21-17): Example: Using someone else’s Social Security number to open credit card accounts, applying for loans in another person’s name.
• Racketeering/RICO (N.J.S.A. 2C:41-1 et seq. & Federal RICO Act): Example: A pattern of criminal activity, such as extortion or fraud, conducted by an organized group.

New Jersey White Collar Crime Penalties: A Detailed Breakdown

New Jersey law classifies crimes based on their severity, using a “degree” system. The degree of the crime, along with the value of the property or money involved, significantly impacts the potential penalties. A conviction can lead to severe consequences, including:

Crucially, these are just potential penalties. The actual sentence will depend on many factors, including the specific facts of the case, the defendant’s prior criminal history (if any), mitigating circumstances, and the judge’s discretion. Furthermore, many white collar offenses can also be prosecuted at the federal level, where penalties are often even more severe. For example, federal mail and wire fraud carry a maximum penalty of 20 years in prison and a $250,000 fine (or more, depending on the amount of loss).

Aggravating and Mitigating Factors in Sentencing

New Jersey courts consider various factors when determining a sentence. These factors can either increase (aggravate) or decrease (mitigate) the severity of the punishment.

• Aggravating Factors:
  
  • Prior criminal record.
  • Vulnerability of the victim (e.g., elderly or disabled).
  • Amount of loss or damage caused.
  • Abuse of a position of trust.
  • Sophistication of the crime.
  • Leadership role in the offense.
  • Lack of remorse.
• Mitigating Factors:
  
  • No prior criminal record.
  • Cooperation with law enforcement.
  • Acceptance of responsibility.
  • Restitution made to the victim.
  • Mental or emotional distress at the time of the offense.
  • Positive contributions to the community.
  • Showing of remorse.

Defense Strategies in New Jersey White Collar Crime Cases

An effective white collar crime defense requires a deep understanding of the law, meticulous investigation, and strategic planning. Brett M. Rosen, Esq. utilizes a multi-faceted approach to defending his clients, exploring every possible avenue to achieve a favorable outcome.

• Lack of Intent (Mens Rea): This is often the cornerstone of a white collar defense. The prosecution must prove that you acted with the specific intent to commit the crime. Mistakes, negligence, or errors in judgment are not sufficient for a conviction. Example: If you made an accounting error that resulted in an incorrect tax filing, but you did not intend to defraud the government, you may not be guilty of tax fraud.
• Lack of Knowledge: If you were genuinely unaware that your actions were illegal, this can be a powerful defense. Example: If you were given false information by a superior and relied on it in good faith, you may not be liable for fraud.
• Entrapment: This defense applies if law enforcement officers induced you to commit a crime that you would not have otherwise committed. The key is showing that the government originated the criminal idea and persuaded you to participate. Case Example: State v. Rockholt, 96 N.J. 570 (1984) (discussing the entrapment defense).
• Insufficient Evidence/Challenging the Prosecution’s Case: The prosecution has the burden of proving guilt beyond a reasonable doubt. This is a very high standard. We meticulously examine the evidence, looking for weaknesses, inconsistencies, and alternative explanations. We may file motions to suppress evidence, challenge the credibility of witnesses, or present expert testimony to counter the prosecution’s claims.
• Illegal Search and Seizure (Fourth Amendment Violations): The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence illegally (e.g., without a valid warrant or probable cause), that evidence can be suppressed, meaning it cannot be used against you in court. This can often lead to the dismissal of charges.
• Duress: If you were forced to commit the crime under the threat of imminent serious bodily harm or death (to yourself or another person), this can be a complete defense.
• Statute of Limitations: There are time limits for bringing criminal charges. For many white collar crimes in New Jersey, the statute of limitations is five years (N.J.S.A. 2C:1-6). However, there are exceptions, and some crimes (like certain types of fraud) have longer limitations periods. Federal crimes have their own statutes of limitations.
• Good Faith: In certain circumstances, a genuine, good-faith belief that your conduct was lawful can be a defense, even if you were ultimately mistaken. This often applies in complex regulatory environments.
• Withdrawal/Renunciation: In some cases, if you took steps to withdraw from a criminal conspiracy or prevent the commission of the crime, this can be a defense.

The White Collar Crime Investigation Process: What to Expect

White collar crime investigations are often lengthy and complex. They can involve multiple agencies, including state and federal law enforcement, regulatory bodies (like the SEC), and even private investigators. Understanding the process is crucial to protecting your rights.

• Initial Inquiry: The investigation may begin with a tip, a complaint, an audit, or a suspicious activity report (SAR) filed by a financial institution.
• Document Gathering: Investigators often use subpoenas to obtain documents, including bank records, emails, contracts, and other financial information. They may also conduct surveillance.
• Witness Interviews: Investigators will interview witnesses, including employees, customers, and other individuals who may have information about the alleged crime.
• Target Letter: If you are the target of a federal investigation, you may receive a “target letter” from the U.S. Attorney’s Office. This letter informs you that you are a target and often invites you to meet with prosecutors (with your attorney). It is crucial to consult with an attorney immediately upon receiving a target letter.
• Grand Jury Proceedings (for Indictable Offenses): In New Jersey, for indictable offenses (more serious crimes), the prosecutor must present evidence to a grand jury. The grand jury decides whether there is probable cause to believe that a crime was committed and that you committed it. If the grand jury finds probable cause, it will issue an indictment, which is a formal charging document.
• Arrest or Summons: If you are charged, you will either be arrested or receive a summons to appear in court.
• Arraignment: At the arraignment, you will be formally advised of the charges against you, and you will enter a plea (guilty, not guilty, or no contest).
• Discovery: The prosecution is required to provide you with copies of the evidence they have against you (this is called “discovery”). Your attorney will also conduct their own investigation.
• Pre-Trial Motions: Your attorney may file pre-trial motions, such as motions to suppress evidence, motions to dismiss the charges, or motions for a change of venue.
• Plea Negotiations: Plea negotiations are common in white collar crime cases. Your attorney may negotiate with the prosecutor to try to reach a plea agreement, which could involve pleading guilty to a lesser charge or receiving a reduced sentence.
• Trial: If a plea agreement cannot be reached, the case will proceed to trial. At trial, the prosecution must prove your guilt beyond a reasonable doubt.
• Sentencing: If you are convicted (either by a plea or after a trial), the judge will impose a sentence.

Frequently Asked Questions (FAQs)

• What is the first thing I should do if I suspect I’m being investigated for a white collar crime? The absolute first step is to remain silent. Do not answer any questions from law enforcement or investigators without consulting an attorney. Anything you say can, and likely will, be used against you. Politely decline to answer questions and immediately contact Brett M. Rosen, Esq. for legal representation. Even seemingly innocent statements can be misinterpreted or twisted.

• Should I talk to my employer or colleagues about the investigation? Generally, it is not advisable to discuss the investigation with your employer or colleagues without first consulting with your attorney. What you say to them is not protected by attorney-client privilege, and they could be compelled to testify against you. Your attorney can advise you on the best course of action.

• What is “cooperation” with law enforcement, and should I consider it? Cooperation with law enforcement can sometimes lead to a more favorable outcome, such as reduced charges or a lighter sentence. However, it is a very serious decision with significant risks. You should never agree to cooperate without first consulting with an experienced attorney. Your attorney can assess the strength of the case against you, advise you on the potential benefits and risks of cooperation, and negotiate the terms of any cooperation agreement with the government.

• What is a “proffer agreement,” and why is it important? A proffer agreement (also known as a “queen for a day” agreement) is a written agreement between you and the prosecutor that allows you to provide information to the government without that information being used directly against you in court. However, there are significant limitations. If you lie during the proffer, the agreement can be voided, and your statements can be used against you. Also, the government can use the information you provide to develop other evidence against you. It is crucial to have an attorney negotiate the terms of a proffer agreement.

• What is the difference between an “indictment” and an “information”? Both are formal charging documents. An indictment is issued by a grand jury after finding probable cause. An information is a charging document filed directly by the prosecutor, typically used for less serious offenses or when a defendant waives their right to a grand jury.

• Can my business be charged with a white collar crime, even if I didn’t personally commit the offense? Yes. Under the legal doctrine of respondeat superior, a corporation or other business entity can be held criminally liable for the actions of its employees or agents if those actions were committed within the scope of their employment and for the benefit of the company.

Contact Brett M. Rosen, Esq. | Prominent New Jersey Criminal Defense Attorney

The stakes are incredibly high in white collar crime cases. Your freedom, your reputation, and your future are on the line. Don’t face these charges alone. Contact Brett M. Rosen, Esq. today for a free, confidential consultation. 

908-312-0368

brett@nynjcriminalcivilesq.com

Disclaimer:

The information provided on this website is for informational purposes only and should not be considered as legal advice. This website is not intended to create, and receipt of information does not constitute, an attorney-client relationship. Please consult with an attorney to discuss your specific legal situation.