Racine White Collar Crime Defense Attorney
Each year, many people become the target of a “white collar crime” investigation. If you are under investigation or have been charged with a white collar crime, at the federal or state level, you need legal representation as soon as possible. By the time a charge is filed, investigators and prosecutors have usually spent months collecting records to use against you. At Cafferty, Scheidegger & Johnson, S.C., we offer a free initial consultation and take the time to go through the complexity of your case with you. With our network of professional resources and our trial experience, our Racine white collar crime lawyer will guide you through even a complex case.
What Is White Collar Crime?
“White collar crime” is a description, not a statute. It covers non-violent offenses built on deception, concealment or a breach of trust for financial gain: theft by an employee, fraud on a bank or insurer, forged documents, identity theft, false tax returns, billing fraud against a public program. There is no Wisconsin statute called “white collar crime.” Each case is charged under a specific statute, and our guide to the types of white collar crimes lists the Wisconsin and federal statutes used most often and how each is graded.
What these charges share is the element that decides most of them: intent. A bookkeeping error, a disputed business decision, a loan the other side later calls theft, or a billing code applied in good faith is not a crime. The prosecution has to prove the person meant to deceive or to deprive, and that is where the defense usually does its work.
How White Collar Cases Start
Unlike most criminal cases, a white collar case rarely begins with an arrest. It usually begins with records:
- an employer’s internal audit or a forensic accountant hired after an employee leaves;
- a bank, credit card company or insurer’s fraud unit reporting a pattern;
- a referral from a state or federal agency, such as the Wisconsin Department of Revenue on a tax matter;
- a subpoena for bank, phone or business records, a search warrant, or a target letter;
- an agent or detective who calls or knocks and asks to “hear your side.”
By that point the investigation is often well advanced. The first contact is the moment to call a lawyer, not the moment to explain. Our post on what to do if you are accused of a white collar crime covers those first steps.
State or Federal Court?
The same conduct can be charged in Wisconsin circuit court by the District Attorney in Racine, Kenosha or Walworth County, or in federal court by the United States Attorney for the Eastern District of Wisconsin. Federal jurisdiction usually attaches through the mail, interstate wire communications (email, bank transfers, online payments), a federally insured bank, or a federal program such as Medicare. Federal cases tend to be larger, slower to charge, and sentenced under the U.S. Sentencing Guidelines, where the loss amount drives the range. See our federal criminal defense page.
Timing matters too. Under § 939.74, a Wisconsin felony prosecution generally has to begin within 6 years and a misdemeanor within 3. Most federal offenses have a 5-year limit under 18 U.S.C. § 3282, and some have longer ones.
How the Defense Is Built
- Intent. Emails, approvals, accounting practices and the advice the person relied on can show a good-faith belief that defeats the intent element.
- The numbers. Loss and value set the class of a Wisconsin theft charge and the federal guideline range. An independent forensic accountant often finds that the State’s figure counts legitimate payments, double-counts transactions or rests on assumptions.
- How the records were obtained. Subpoenas and search warrants have limits, and records taken outside them can be challenged.
- Restitution and resolution. Restitution under § 973.20 is part of most outcomes. Handled through counsel, it can support a reduced charge or a non-prison sentence; offered on your own, it can read as a confession.
Do People Accused of White Collar Crimes Have Rights?
Yes. White collar cases are complex and need an experienced defense lawyer. A person accused of a white collar crime has the same rights as a person accused of any other crime: to remain silent, to counsel, to challenge an unlawful search, and to make the government prove every element beyond a reasonable doubt. That matters most when the accusation comes from a former employer or business partner with its own reasons to tell the story one way.
Related pages: white collar crimes attorney, theft and embezzlement charges, Wisconsin tax fraud, Medicare and Medicaid fraud and money laundering.
You Need A Defense Attorney You Can Trust
From offices in Racine, WI, our federal criminal defense lawyer Patrick Cafferty defends the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin and Northern Illinois. Contact the firm to arrange a free initial consultation with an experienced Racine fraud defense attorney right away. You are welcome to text Pat 24 hours a day at 262-833-7670.