Counseling businesspeople facing fraud and embezzlement charges
It is easy to fall into the trap of thinking that white-collar crimes are somehow less serious than similar street crimes. However, just because a crime is committed with a computer, accounting ledger or forged document instead of burglary tools does not mean it is any less serious. Many white-collar crimes are serious felonies under Tennessee and Kentucky state law. Others, such as tax evasion and securities fraud may fall under federal jurisdiction. Whatever the case may be, these types of crimes often have a high degree of technical complexity that requires a criminal defense attorney with special knowledge and substantial resources. After more than 18 years of experience defending clients from these serious and complex charges in state and federal courts, the attorneys of the Kennedy Law Firm, PLLC know how to use every asset at our disposal in building your defense. When your reputation, livelihood and freedom are on the line, you can rely on our Clarksville legal team to fight for you with confidence and zeal.
What is white-collar crime?
White-collar crime is a blanket term that encompasses a variety of theft-type crimes perpetrated by corporate officers and other professionals. Some such crimes are covered under general state theft statutes while others are subject to specific state and federal laws:
- Theft, fraud and embezzlement - Wrongfully acquiring property or services through deceit or fraud falls under the broad range of conduct defined as theft under Tennessee state law. While the severity depends on the amount of money involved, theft crimes can reach the level of a Class B felony and carry a potential penalty of up to 30 years in prison.
- Tax evasion - Avoiding taxation by knowingly underreporting income or providing other false information to the IRS or the Tennessee Department of Revenue is considered tax evasion or tax fraud. While this may result in mere fines and penalties in some cases, particularly egregious cases may be prosecuted as criminal tax evasion.
- Bankruptcy fraud - Concealing assets or knowingly providing false information to a bankruptcy court cannot only deprive you of the right to file for bankruptcy but may be prosecuted as a serious federal crime.
- Insider trading - Securities and Exchange Commission (SEC) regulations prohibit corporate officers and directors from using their access to inside information to profit from the stock market. In recent years, this type of insider trading landed several high-profile businesspeople in federal prison.
- Securities fraud - In addition to potentially being a form of fraud under Tennessee theft laws, frauds relating to securities may also run afoul of SEC regulations and federal criminal statutes.
Why you need an experienced attorney
These and other types of white-collar crimes are much more complicated than common street crimes because they involve complex financial transactions and the records those transactions produce. Moreover, every white-collar crime requires the prosecution to prove the defendant's criminal intent beyond a reasonable doubt. Nevertheless, it is all too common for sloppy record keeping, oversights or simple misunderstandings to bring white-collar charges from overzealous Tennessee and Kentucky prosecutors. At the Kennedy Law Firm, PLLC, we work with some of the most respected forensic accountants and financial experts in the Clarksville area systematically to debunk the prosecution's case, seek the exclusion of evidence and aggressively pursue dismissal of these serious and damaging charges.
Trust our team of attorneys when your reputation and freedom are on the line
If you have been accused of fraud, embezzlement, tax evasion or any other white-collar crime, do not make the mistake of thinking it is a minor bump in the road. These charges can carry multiyear prison sentences, and even mere allegations can be professionally devastating. That is why, at the first hint of an investigation, you immediately should call upon the zealous criminal defense attorneys at the Kennedy Law Firm, PLLC. From our three convenient Clarksville locations, we have defended business people and other professionals throughout Kentucky and Tennessee from serious white-collar charges in state and federal courts. Call us today at 931-444-5620 or contact us online to schedule a free consultation.