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Business and White Collar Crimes
Business and White Collar Crimes | Business and White Collar Crimes |
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Helping Good People Navigate The Criminal Justice Maze Few things can be more intimidating, emotional, or difficult than dealing with the criminal justice system – whether as a crime victim, a witness, an investigative target or a defendant. With both federal and state governments increasingly using criminal statutes and regulations to investigate “white collar” business-related conduct, criminal cases often are accompanied by civil lawsuits as well. The attorneys in RC&A’s business crimes group combine talent, experience, and perspective when aggressively representing our clients in this area. The attorneys in this group are former prosecutors with the Maricopa County Attorney’s Office – for example, one served in the Major Crimes Division and another on the Bank Fraud Task Force. Not only have these attorneys “been in the trenches” to gain a working proficiency in the system, but they have the trial skills needed to try a case, if needed. This familiarity with Arizona’s criminal courts is complimented by experience prosecuting and defending civil actions involving the same conduct, including conversion, racketeering (RICO), securities fraud and consumer fraud. In fact, in numerous civil cases the firm has handled for financial institutions, the central conduct involved “white collar” criminal conduct in a business setting. Although capable of handling all types of criminal cases, RC&A’s business crimes group is especially focused on representing people and businesses in the following areas: 1. "White Collar" crimes, fraud and racketeering: Business crimes are receiving increased attention. To fuel the continued growth in Arizona’s retirement population, there is an obvious emphasis on protecting Arizona consumers. With Arizona’s mandatory sentencing format, and with increasing enforcement of “strict liability offenses,” good people can easily find themselves facing criminal charges and simultaneously defending civil actions. RC&A’s business crimes group provides a “seamless” defense on both the criminal and civil front – and in the process, achieves savings and efficiencies for our clients. 2. Investigations: When the government investigates a company or one of its employees, the involvement of skilled counsel is critical. The government’s broad investigatory powers combined with the increased number of crimes where no intent is necessary creates a wide web of liability that could result from unwitting, innocent statements. As former prosecutors who worked side by side with investigators and/or regulators, early intervention of RC&A’s attorneys during investigations can help the company and its employees to understand the scope of the investigation, to minimize the impact on employees, and to begin a dialogue early in the process of to avoid charges. Read our recent article on requests for electronic information. 3. Compliance plans: One of the best ways a company can protect itself from future problems is to adopt and implement a compliance plan. These plans establish regular procedures for a company to monitor its own compliance with applicable laws. RC&A’s attorneys can assist in both formulating and implementing compliance plans. 4. Representing Business Executives and Professionals: For over 50 years, RC&A’s attorneys have worked side-by-side with professional men and women. Our attorneys are experienced at working with executives at the highest levels, and understand the need for efficient, yet effective, communication. Regardless of whether our clients are facing DUI or felony charges, they can expect their relationship with their RC&A attorney to be a professional one, with timely, responsive and regular communications. 5. Exercising victim’s rights: Arizona is one of the states in the country that has amended its state constitution to establish rights of crime victims. Although prosecutors try to enforce these rights, they are not the attorneys for the victims. RC&A has asserted the rights of victims in criminal courts to obtain the fullest measure of protection and restitution possible. Through early involvement, RC&A’s attorneys can compile and prepare the information that law enforcement and the prosecutors want and need to commence criminal charges. Moreover, recognizing that criminal cases often take time to get charges filed, and that prompt judicial action (such as an injunction) is needed, RC&A’s attorneys (who are already familiar with the facts of the case) have pursued an independent civil action simultaneously. Finally, the attorneys in RC&A’s business and white collar crimes group understand that the criminal justice system is not one that most victims, businesses and professionals understand or are familiar with. In many cases, this will be an isolated experience for our clients (and their families). We also recognize that this unfamiliarity with the criminal justice process heightens the emotions in an already emotional environment. The attorneys in the RC&A business and white collar crimes group acknowledge this, and aim to serve the dual roles of skilled advocates and empathetic counselors. If you would like to speak with a lawyer in RC&A’s business and white collar crimes practice group, please contact Chris Coury or Matt Clarke. |