White Collar

White-Collar Criminal Attorneys you can trust to get the job done right

White-collar crimes are non-violent offenses that often take place in the business or corporate sector (hence, “white collar”). Often, these cases involve some form of fraud and complex bodies of evidence that require careful navigation to successfully defend. Therefore, it is essential that you retain vigilant counsel capable of countering the state’s allegations against you when you’ve been charged with a white-collar crime. Not only that, but you need financial fraud attorneys who have decades of experience defending federal cases in New York, New Jersey, Pennsylvania, Connecticut, DC, North Carolina, Colorado, Washington State, and California.

At Portale Randazzo LLP, our award-winning Westchester and New York County white collar crime attorneys know what it takes to challenge these cases and secure the best possible outcome for your situation. We have a 90% success rate at avoiding criminal charges. With more than a century of combined experience and an incredibly high success rate in the courtroom as well, our team of NYC white-collar criminal defense attorneys is ready to assess the details of your case and ensure the most favorable outcome possible.

Partners Richard Portale and James Randazzo have decades of experience defending White Collar and fraud cases. Here are some examples:

Bid-Rigging and Anti-trust Defense

As General Counsel for a billion dollar private security firm, Partner and White Collar Defense Attorney Richard Portale spent close to three (3) years beating back United States Attorneys for the Southern District of New York’s Antitrust Division who launched an investigation into the company’s founder for allegedly engaging in a kickback and bid-rigging scheme. At one point the Government sought to compel the client to turn over his business records containing his dealings with nearly every major defense attorney in New York City. The United States District Court agreed with Mr. Portale that although responsive to the Government’s subpoena, the files in question were privileged and merely the product of a fishing expedition that, if produced, would surely cause the client to suffer substantial and perhaps permanent business losses. At the conclusion of the investigation, the client was not prosecuted for any wrongdoing.

Construction Fraud; Bid-rigging, Bribery & Kickbacks Defense

kickbacks and bribery are a staple in the New York City Construction Industry and many construction managers have grown so accustomed to the practice that they sometimes forget it’s even a crime. What many don’t know is that the New York State Police have a team of investigastors permanently housed at the Raquets Bureau of the Manhattan District Attorney’s Office dedicated to rooting out corruption in the construction industry. Here a few recent examples of our New York white collar defense attorneys thwarting law enforcement attempts to prosecute owners and managers construction industry.

In a several years investigation, New York white collar defense attorney Richard Portale defended a manager for a major NYC construction company working on a billion dollar project for a global bank against bid-rigging and bribery allegations. No criminal charges were ever lodged.

In another years long federal investigation in the Eastern District of New York, a different construction manager at one of NYC’s largest General Contractor’s was accused by United State’s attorneys and FBI agents of bid-rigging and recieving bribery and kickbacks. After several heated meetings with the Government, no criminal charges were ever brought.

In yet another years long construction fraud investigation into a multimillion dollar NYC cable subcontractor, the government accused the owners of engaging in bribery and kickbacks to secure jobs for the company. After several meetings and calls with prosecutors and investigators, Mr. Portale ultimately prevailed and no criminal charges were ever brought.

Non – prosecution of Lab Director

By Federal indictment, the United States Attorney’s Office for the Southern District of New York charged a consumer product testing company for a $46 Million Fraud Scheme Involving Fabricated Test Results. The owner of the Laboratory was convicted of one count of conspiracy to commit wire fraud and two counts of causing a misbranded drug to be introduced into interstate commerce. Despite years long investigation and multiple threats of indictment and prosecution of our client (Dr, who was the Laboratory Director and Chief of Product Testing and Reporting), our client avoided criminal prosecution altogether.

Healthcare Fraud

White collar defense attorney Richard Portale has represented a litany of physicians and other medical professionals in New York and New Jersey against investigations into healthcare fraud, abuse and accompanying disciplinary proceedings, with a nearly perfect record of success.

Tax Fraud Defense

A New York City entrepeneur was embroiled in a battle with the federal governement over a tax fraud indictment. He was left in a lurch by his outgoing, inexperienced attorney. Partner Richard Portale cleaned up the mess and achieved a very favorable Sentence on his behalf, despite an overwhelming amount of evidence. At sentencing, the United States District Court Judge who was recently appointed to the United States Court of Appeals stated, “Mr. Portale, i have never in my 7 years on the federal banch, granted a doenward depasrture from the guidelines. I am going to do so for you today.”

What Is a White-Collar Crime?

The term “white-collar crime” is shorthand for various forms of theft or fraud. While many high-profile cases have emerged from the corporate sector, white-collar crimes can be committed by individuals and organizations from any walk of life.

Some of the most common examples of white-collar crimes include:

Bank Fraud (18 U.S.C. 1344): A person commits this offense when they use fraud or deception to obtain money or other property from a bank, credit union, or other federally insured institution. It is vital to hire experienced bank fraud lawyers to defend your case and have your voice heard. If you’ve been accused of this crime, speak to our bank fraud attorneys today. We’re prepared to use our proven track record to reclaim your future.
Construction Fraud: Bribery, kickbacks and bid-rigging are tactics commonly used by construction firms to land jobs. They are also all illegal and if caught, can lead to significant criminal consequences.

Embezzlement: This occurs when a person entrusted with business assets uses them for personal gain or other unlawful purposes.
Identity Theft: It’s unlawful for a person to take the personal information of another and use it to conduct transactions, such as opening a loan or making a fraudulent insurance claim.
Wire Fraud (18 U.S.C. 1343) and Mail Fraud (18 U.S.C. 1341): Wire and mail fraud occur when someone uses mail or electronic services to further a fraud scheme. For instance, suppose a person is trying to swindle money out of others. They might send letters through regular mail or email saying they need extensive medical treatment and ask people for help raising cash for the costs. However, no such medical care is required.
Insurance Fraud: This can occur in several ways. One is when a person uses deception to obtain benefits they’re not entitled to. Another is when a company knowingly denies benefits to someone who is owed them.
Intellectual Property Theft: Intellectual property includes ideas, movies, music, and software, among other things. Although the digital era makes it easy to share this type of information, doing so without proper permission is illegal and carries severe penalties.

Healthcare/Medicare and Medicaid Fraud (18 U.S.C. 1347): This type of fraud can be committed by beneficiaries or physicians. It involves submitting false claims to receive benefits or other items of value.
Money Laundering (18 U.S.C. 1956): This is a complex scheme that involves conducting various transactions to hide the source of ill-gotten money. It typically occurs in organized crime settings. People under investigation for or charged with this crime have their reputation, freedom, and future at stake. They must engage with an aggressive federal money laundering lawyer to advocate, negotiate, and litigate on their behalf. Our money laundering attorneys are ready to use our demonstrated skillset to protect you from the penalties associated with this crime.
Securities Fraud: Various types of securities fraud exist. Generally, they involve using some kind of artifice to affect the financial markets.
Tax Offenses (26 U.S.C. 7206): Falsifying or omitting information on tax returns to avoid obligations is illegal, and the penalties upon conviction are harsh. Don’t let your future go up in flames; let our financial fraud attorneys defend your rights.

In addition to money laundering and bank fraud, our attorneys can help individuals being investigated for or charged with the following white-collar crimes:

Bribery (18 U.S.C. 201)
kickbacks
Computer Fraud (18 U.S.C. 1030)

Counterfeiting (18 U.S.C. 2320)
Credit Card Fraud
Currency Schemes
Cryptocurrency utilized for money laundering
Forgery

Investment Fraud
Mortgage Fraud
Obstruction of Justice (18 U.S.C. 1512)
Perjury/False Statement (18 U.S.C. 1001)
Qui Tam or False Claims Act (Civil or Criminal and Federal or State)

Defense Against Federal Conspiracy Crimes

State and Federal prosecutors frequently charge groups of individuals with conspiracy as it allows them to handle multiple defendants in a single case. They do not have to prove the defendants entered into an agreement to commit a federal offense; they simply have to show that each individual willingly participated in the scheme. In many conspiracy charges, prosecutors can claim a person is responsible for another’s actions even when the crimes weren’t actually committed by him or her. If you are being accused of conspiracy to commit fraud, it’s critical you hire an experienced white-collar attorney to build a strategic defense.

Penalties for White-Collar Crimes in New York

Because “white-collar crimes” is such a broad category, the penalties for these crimes vary on a grand scale in the state of New York. The length of imprisonment and amount of fines will be dependent on the nature and circumstances of the offense, whether the act was the offender’s first offense or repeated offense, and the offender’s criminal history.

Some white-collar crimes are misdemeanors and may result in a one-year prison sentence and fines up to $1,000. Others are considered felonies and can result in a 15-year prison sentence and up to $5,000 in fines. In addition to prison time and fines, offenders may have to pay restitution for the money they unlawfully gained. Whether you are facing a misdemeanor or felony charge, our diligent white-collar criminal attorneys will aggressively fight for your rights, effectively refuting or reducing the charges against you.

Federal White-Collar Crimes

A good portion of white-collar criminal investigations are federal. These federal crimes often result in greater prison sentences and higher restitution amounts than the charges offered in state court. The penalties a defendant will face will depend on the crime they’ve committed. Example penalties for federal felony offenses are included below.

Bank Fraud: Fines up to $1 million and imprisonment up to 30 years
Mail and Wire Fraud: Fines up to $100,000 and up to 20 years in prison
Tax Evasion: Fines up to $100,000 for an individual and $500,000 for a corporation; imprisonment for up to 5 years
Money Laundering: Fines that are twice the amount of the money laundered (up to $500,000) and up to 20 years in prison

Because federal white collar cases are so complex and nuanced, they require an intimate knowledge of the United States Sentencing Guidelines (USSG). Our financial fraud attorneys have over 100 years of combined experience defending federal cases and can develop a strong and effective defense strategy for your situation. When you’re facing charges for a federal white-collar crime, trust the legal firm with experience handling hundreds of DOJ, FBI, DEA, IRS, CBP, and HHS cases.

Why You Should Work With a White-Collar Criminal Attorney

White-collar crime cases are nuanced and require the expertise of an experienced attorney. At Portale Randazzo, we have over 40 years of combined experience fighting to reduce or refute criminal charges against our clients. Whether you need a wire fraud attorney or an identity theft attorney, you can rest assured you’re in good hands with our legal counsel.

Our Westchester County white-collar criminal attorneys will pour over every aspect of your case and build a strong defense based on the unique characteristics of your situation. As we defend your case, we will protect your right to a fair trial and ensure your case isn’t tainted by prosecutorial misconduct. Most importantly, we will not rest until we achieve the best possible outcome for your case.

Have You Been Accused of Deceptive Financial Practices? You Need Our Financial Fraud Attorneys on Your Team.

Whether your charges involve credit card fraud, healthcare fraud, or bank fraud, you need the legal support of the highly respected white-collar criminal lawyers at Portale Randazzo. A conviction for criminal fraud can derail your life. With our experts zealously fighting for your rights, you can rest assured that we will secure you the best possible outcome. While creating a strategy for your case, our Westchester County white-collar crime attorneys may use the following defenses to financial fraud:

Insufficient Evidence: Your white-collar criminal defense attorney may argue that the prosecutor or insurer is unable to meet the requirements for the burden of proof.
Lack of Intent: Most white collar crimes require the element of intent. If you engaged in certain actions without intending to defraud someone or an organization, your New York white-collar criminal lawyer could build a strong defense.

Crimes Committed Under Duress: If you committed a fraudulent act because a third party was placing unlawful pressure on you, your white-collar crime attorney could argue you only committed the crime due to a threat to your physical well-being or safety or your family’s physical well-being or safety.
Entrapment: If you were coerced into committing financial fraud by a law enforcement official, your fraud defense attorney could use the defense of entrapment.

Contact Our NYC White-Collar Criminal Defense Attorneys Today

With your career, professional licenses, and potential prison time and fines on the line, you need the support of an attorney who has successfully handled dozens of white-collar crime cases. Whether you need an insurance fraud attorney, a money laundering attorney, or an identity theft attorney, the legal team at Portale Randazzo LLP is ready to protect your rights and create an aggressive defense. Schedule an appointment today with one of our white-collar crime lawyers in White Plains, NY. We will work zealously to mitigate risks and make the entire process as smooth as possible. To see how we’ve helped clients like you in the past, review our client testimonials, and don’t hesitate to reach out with any questions.

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Penalties for White-Collar Crimes in New York

Some white-collar crimes are misdemeanors and may result in a one-year prison sentence and fines up to $1,000. Others are considered felonies and can result in a 15-year prison sentence and up to $5,000 in fines. In addition to prison time and fines, offenders may have to pay restitution for the money they unlawfully gained. Whether you are facing a misdemeanor or felony charge, our diligent Westchester County white-collar criminal attorneys will aggressively fight for your rights, effectively refuting or reducing the charges against you.

Federal White-Collar Crimes

A good portion of white-collar criminal investigations are considered federal if they result in indictment. These federal crimes result in greater prison sentences and higher restitution amounts than the charges offered in state court. The penalties a defendant will face will depend on the crime they’ve committed. Example penalties for federal felony offenses are included below.

Bank Fraud: Fines up to $1 million and imprisonment up to 30 years
Mail and Wire Fraud: Fines up to $100,000 and up to 20 years in prison
Tax Evasion: Fines up to $100,000 for an individual and $500,000 for a corporation; imprisonment for up to 5 years
Money Laundering: Fines that are twice the amount of the money laundered (up to $500,000) and up to 20 years in prison

Why You Should Work With a White-Collar Criminal Attorney

Our Westchester County white-collar criminal attorneys will pour over every aspect of your case and build a strong defense based on the unique characteristics of your situation. As we defend your case, we will protect your right to a fair trial and ensure your case isn’t harmed by prosecutorial misconduct. Most importantly, we will not rest until we achieve the best possible outcome for your case.

Have You Been Accused of Deceptive Financial Practices? You Need Our Financial Fraud Attorneys on Your Team.

Insufficient Evidence: Your white-collar criminal defense attorney may argue that the prosecutor or insurer is unable to meet the requirements for the burden of proof.
Lack of Intent: Most white collar crimes require the element of intent. If you engaged in certain actions without intending to defraud someone or an organization, your New York white-collar criminal lawyer could build a strong defense.
Crimes Committed Under Duress: If you committed a fraudulent act because a third party was placing unlawful pressure on you, your white-collar crime attorney could argue you only committed the crime due to a threat to your physical well-being or safety or your family’s physical well-being or safety.
Entrapment: If you were coerced into committing financial fraud by a law enforcement official, your fraud defense attorney could use the defense of entrapment.

Frequently Asked Questions About White-Collar Crimes

Who prosecutes white-collar crimes?

Many white-collar crimes are prosecuted by federal authorities since these crimes often cross state lines. Prosecutors are encouraged to aggressively pursue the prosecution of those who have committed federal crimes. For this reason, you need a legal representative — whether that’s a wire fraud attorney, money laundering attorney, or bank fraud attorney — who is just as zealous and knowledgeable about reducing or refuting your charges. Our experienced White Plains, NY, attorneys are the ones you need on your team.

When should I hire an attorney for a white-collar crime?

It is imperative that you hire legal counsel — whether that be a wire fraud lawyer, insurance fraud attorney, or identity theft lawyer — as soon as possible. Often, you will know you are being investigated for a crime weeks or months before an arrest occurs. If you hire a lawyer at this time, you will be better prepared for the process that lies ahead. A skilled Westchester County white collar criminal attorney will ensure your rights remain intact and can help you know what to say and do during the investigation and any subsequent legal proceedings.

What are possible defenses for insurance fraud?

Those convicted of participating in fraudulent insurance activities may face serious penalties. However, these individuals have a few defenses that could potentially minimize their legal consequences. Some possible defenses your insurance fraud attorney may use include proving that there was no intent to commit the crime, arguing a lack of sufficient evidence to prove guilt beyond a reasonable doubt, or affirming that the accusation is based on misinterpreted facts or information. Because the consequences of fraudulent activity are so high, it is important for anyone charged with this kind of offense to enlist support from experienced insurance fraud attorney. Fortunately, our team is ready to help you!

What is considered wire fraud?

Wire fraud is a form of fraud relating to electronic communication, such as email, telephone, radio, television, or the internet. Wire fraud may involve phishing attacks, credit card fraud, Business emsil compromise schemes and many other illicit activities. Generally speaking, it involves deceitful practices that are calculated to deceive victims out of money or personal information, with the perpetrators aiming to gain financially from their actions. Wire fraud is a serious federal crime, and offenders may face steep penalties. A wire fraud attorney can help you secure the best possible outcome if you’ve been accused of this type of white-collar crime.

What should I do if I've been falsely accused of identity theft?

While it may be overwhelming dealing with accusations of identity theft, it’s important to remain calm and contact an identity theft attorney right away. Our team can help you gather evidence and build a case in your defense. Moreover, we will provide peace of mind, knowing that your case is in good hands.

What else can Portale Randazzo help me with?

Our firm has over a 90% success rate avoiding criminal charges, and we’ve handled hundreds of FBI, DEA, IRS, DOJ, CBP, and HHS cases. We’re ready to help you build a strong defense, no matter the charges you’re facing. Reach out to our team today to find out how we can help you with the following:

Anti-Counterfeiting & Brand Protection
Asset Protection
Civil Investigative Demand

Commercial Litigation
Corporate Compliance Services
Corporate Investigations
DEA Compliance
DOJ Subpoenas

Employment Defense
Environmental Litigation Defense
Federal Appeals
Federal Criminal Defense
FERC Investigations and Defense

FTC Defense
Grand Jury Subpoenas
Import/Export Compliance
IRS Audit Attorneys
Lab Defense

Search Warrant Defense
Wrongful Death Defense