White Collar Criminal Defense for Lawyers

Lawyers occupy a place of trust in society, and because of this, lawyers often assume a duty to care for or oversee their clients’ funds. And while the Model Rules of Professional Conduct provide the regulatory framework under which lawyers are governed, in some cases, a lawyer’s actions can amount to a crime. Given the trust clients place in their lawyers, these offenses are taken very seriously by state and federal law enforcement, prosecutors, and judges. A lawyer who is convicted of a white-collar crime may face the typical criminal law punishments, such as fines, probation, and jail time, as well as life-changing collateral consequences, the most notable of which is the loss of their license to practice law. 

At the Brill Legal Group, our team of New York white-collar criminal defense attorneys has a long history of providing exceptional representation to individuals facing state and federal white-collar crime prosecutions. We also represent lawyers in disciplinary inquiries and hearings, ensuring that we do everything possible to enable our clients to continue their practice with as little interruption as possible. 

Examples of White-Collar Crimes Lawyers May Face

White-collar crimes refer to economic crimes that are committed to advance the interests of the defendant at the expense of others. In the case of lawyers, certain types of white-collar crimes are especially common, including the following:

Embezzlement 

Embezzlement involves the misuse of funds that were entrusted to an individual. For example, a lawyer who spends a client’s retainer with the intent of not returning the funds to the client may face embezzlement charges. 

Criminal Tax Fraud 

Criminal tax fraud is a crime that prohibits individuals from taking intentional and illegal actions to avoid paying taxes. For example, an attorney who accepts a client’s fee in cash and then does not report the fee as income on their tax return may commit criminal tax fraud. 

Forgery 

Forgery involves the creation or modification of an official document for the purpose of defrauding another. For example, an attorney who changes the terms of a contract or creates a fake contract may have committed forgery. 

Falsifying Business Records

Falsifying business records is a crime that prohibits individuals from creating a false entry in the records of a business or changing or deleting a true entry in a business’ records. This crime also covers situations where someone fails to make a true entry when they have a duty to make such an entry. For example, an attorney who artificially inflates his expenses when filing a tax return could face charges of falsifying business records. 

Criminal Possession of a Forged Instrument

The crime of criminal possession of a forged instrument makes it illegal to knowingly possess a forged document that they intend to use to defraud another person or entity. For example, an attorney who submits a document to the court, knowing that his client forged the document, may be charged with criminal possession of a forged instrument. 

Tampering with Public Records

Tampering with public records involves the removal, alteration, destruction, or concealment of a public record. The crime also applies when someone makes a false entry in a record of a public office or employee. For example, a lawyer who modifies a contract between a client and a municipality could face charges of tampering with a public record. 

Identity Theft

Identity theft involves using another person’s identification information, such as their Social Security number or credit card, to obtain something of value. For example, an attorney who uses his client’s payment card information to purchase personal items may commit identity theft. 

Are White Collar Crimes Brought in State or Federal Court?

Like most other criminal offenses, white-collar crimes can be prosecuted by either the state or federal government. However, in most cases, federal prosecutors will defer to their state counterparts, allowing them to take the case unless it is especially complex, involves a significant amount of losses, or was committed in multiple states. 

Those who are under investigation for a white-collar crime should familiarize themselves with the procedures in state and federal court and how they differ. 

Sentencing for New York White Collar Crimes 

In New York State court, judges are not bound by the federal sentencing guidelines. However, each white-collar crime is graded depending on the perceived seriousness of the offense and the value of the money or property at issue. For example, the majority of white-collar crimes fall into one of the following categories:

Class C Felony: Class C felonies carry a maximum term of 15 years in jail and a probationary sentence between three to five years. The court will also impose a fine of $5,000, or double the amount of money the defendant gained from committing the crime. An example of a Class C felony is a forgery in the first degree. 

Class D Felony: Class D felonies are punishable by up to seven years in jail and a probationary sentence between three to five years. The court will also impose a fine of $5,000, or double the amount of money the defendant gained from committing the crime. An example of a Class D felony is identity theft in the first degree. 

Class E Felony: Class D felonies can result in a jail sentence of up to four years and between three to five years of probation. The court will also impose a fine of $5,000, or double the amount of money the defendant gained from committing the crime. An example of a Class E felony is participating in a scheme to defraud another. 

Class A Misdemeanor: Class A misdemeanors carry a possible sentence of up to a year in jail, a term of probation of up to three years, and a fine of as much as $1,000. An example of a Class A misdemeanor is the unlawful use of a credit or debit card. 

Class B Misdemeanor: Class B misdemeanors are punishable by up to three months in jail and a fine of up to $500. An example of a Class B misdemeanor is issuing a bad check. 

Are You an Attorney Under Investigation for a White-Collar Crime?

If you are a lawyer who has been charged with a white-collar crime or is under investigation, it is imperative that you reach out to an experienced New York white-collar criminal defense attorney as soon as possible. At the Brill Legal Group, we have a wealth of experience handling all types of felony and misdemeanor financial crimes in both state and federal court. We also represent lawyers in professional disciplinary proceedings. To learn more, and to schedule a free consultation today, call 888-315-9841. You can also reach us through our secure online contact form.