St. Louis Defense Attorneys Standing Up To White Collar Criminal Charges

Last updated on August 30, 2024

One of the worst mistakes that people charged with white collar crimes make is believing that the government does not prosecute these charges seriously. On the contrary, state and federal agencies put billions of dollars every year into investigating and prosecuting financial crimes. If you face white collar criminal charges – or even if you only suspect that you are under investigation – seek representation from KesslerWilliams immediately.

With more than 20 years of experience serving Missouri, we understand how the other side approaches cases. We use this knowledge to make a difference in your case, taking a team approach to construct a proactive defense for charges such as:

• Health Care Fraud, including Medicaid Fraud and Medicare Fraud
• Aggravated Identity Theft
• Social Security Fraud
• Securities Fraud
• Conspiracy
• Tax Fraud
• Anti-Kickback Statute Violations
• Embezzlement
• Insider Trading
• Cyber Crimes

When you work with us, you have three experienced criminal defense lawyers in your corner. As battle-tested trial attorneys, we prepare every case for litigation. This often gives us the upper hand as we negotiate to get your charges dismissed or secure a fair plea bargain.

What You Need To Know About White Collar Crime

In our practice, we have found that white collar crime is surrounded by many misperceptions. To clear the air and educate prospective clients, we have answered some of the most frequently asked questions about these crimes that we hear at our firm.

What makes white collar crimes different from other crimes?

Financial crimes are notoriously difficult to track, as they often leave no physical evidence. Additionally, many white collar offenses count as federal crimes because they frequently take place in multiple states, involve the banking system or steal from government agencies.

Who investigates financial crimes?

Many entities can be involved in white collar investigations, including:

1. The Federal Bureau of Investigation (FBI)
2. The U.S. Securities and Exchange Commission (SEC)
3. The Internal Revenue Service (IRS)

State-level entities also frequently collaborate with these federal bodies.

What are the penalties for white collar crimes?

The sentences tend to range from probation to prison time. Federal offenses often have mandatory minimum sentences that require you to spend years incarcerated even if your offense was fairly minimal.

Why should I hire a private law firm?

Public defenders have heavy caseloads and cannot always devote their full attention to you. Even if you are worried about the expense of a private law firm, your future is too valuable to trust with anyone else. At KesslerWilliams, we understand the immense financial toll that a criminal case can take on your life. That is why we offer reasonable rates that you can afford.

What is health care fraud?

Health care fraud involves any kind of intentionally deceptive practice that draws financial benefits through the U.S. medical system. Health care fraud can be committed by providers, medical suppliers, drug companies and patients.

Common forms of health care fraud include:

• Billing for services not provided or “phantom” patients
• Upcoding (billing for more expensive services than those actually performed)
• Performing unnecessary tests to pad bills
• Taking kickbacks for referrals of services or prescriptions
• Falsifying patient diagnosis to justify unnecessary treatments or tests
• Submitting multiple claims for the same service
• Writing or filling prescriptions for financial gain
• Using someone else’s insurance to receive medical care
• Billing for medical equipment that was never delivered
• Billing for higher-quality medical equipment but delivering inferior products
• Waiting patient co-pays or deductibles without informing the insurance
• Unbundling, or billing for each step of a procedure separately to increase costs
• Conducting clinical trials without proper consent or with fabricated data
• Using stolen physician identifiers to claim medical reimbursements

Health care fraud not only leads to significant financial losses but also undermines the integrity of the health care system, potentially endangering patient care – which is why it is so heavily prosecuted. Government agencies such as the Office of Inspector General (OIG) and the Federal Bureau of Investigation (FBI) are actively involved in investigating and combating health care fraud in both the public sector (through Medicare and Medicaid programs) and private health insurance programs.

How do government agencies investigate white collar crimes?

White collar crimes are typically investigated by specialized government agencies such as the FBI, SEC, IRS and others, depending on the nature of the alleged offense. These investigations often involve complex financial transactions, corporate records and digital evidence. Here are key aspects of how government agencies conduct these investigations:

• Financial analysis: Investigators scrutinize financial records, transactions and accounting practices to detect discrepancies, fraudulent activities or money laundering.
• Document review: Reviewing corporate documents, contracts, emails and financial statements helps uncover potential misrepresentations, false statements or hidden transactions.
• Witness interviews: Investigators interview witnesses, including employees, executives and external parties, to gather testimonial evidence and uncover insider knowledge.
• Digital forensics: Utilizing digital forensics, agencies analyze electronic devices and data to trace financial transactions, uncover communications and retrieve deleted or encrypted information.
• Cooperation with professionals: Agencies may collaborate with forensic accountants, cybersecurity experts and industry specialists to decipher complex financial schemes and technological manipulations.

When being investigated for white collar crimes, having knowledgeable legal representation can help protect your rights and build a strong defense.

What are common defenses for white collar crimes?

When facing charges for white collar crimes, individuals often employ various defenses to challenge the allegations. Some common defenses include:

• Advice of Counsel: 
• Insufficient evidence: Challenging the prosecution’s evidence, demonstrating inconsistencies or providing insufficient proof of guilt beyond a reasonable doubt.
• Procedural errors: Identifying procedural errors in the investigation, such as illegal searches or mishandling of evidence, which could lead to suppression of evidence or dismissal of charges.
• Duress or coercion: Claiming that the defendant committed the crime under threat of harm or coercion by others.
• Lack of intent: Demonstrating a lack of intent to commit a crime, showing actions were unintentional or based on mistaken belief.
• Compliance with regulations: Showing compliance with industry regulations or legal standards, arguing actions were lawful or within accepted practices.

Each defense strategy requires a thorough analysis of the case facts and the application of legal principles to protect the defendant’s rights and achieve a favorable outcome in court.

Get The Serious Defense You Deserve

The authorities do not file formal charges for financial offenses unless they have substantial evidence, which means that their investigations often start months before an arrest. The sooner you contact us, the sooner you can fight back with a defense strategy. To request a free consultation, please call our St. Louis office at 314-720-5476 or send us an email.