White Collar Criminal Defense
Since the founding of our firm in 1968, Berg & Androphy has tried virtually every kind of state and federal criminal case to verdict, from murder to Foreign Corrupt Practices Act (FCPA) violations. Since the early 1980s, however, virtually all of our criminal practice has been in federal court, defending corporations, executives, physicians and attorneys against charges of white collar crimes, as well as conducting significant internal investigations into SEC-related charges. In addition to defending the accused in court, we assist them before charges are brought, with the goal of discouraging the prosecution from even filing an indictment. Our lawyers guarantee our best efforts – which, in the past, have repeatedly led to excellent results, most recently the dismissal of a multi-count indictment in the U.S. District Court for the Southern District of New York.
Trial Lawyers Defending White Collar Crime Cases
Berg & Androphy handles the following types of White Collar Crime cases.
*The Chapters referenced below are from Joel Androphy’s 6 volume treatise on White Collar Crime from Thompson/West.
- Grand Jury
This chapter explores effective methods for challenging improper grand jury proceedings from preindictment through appeal along with useful strategic considerations essential to zealously defending the client.
- Corporate Vulnerability, Inquiry and Responsibility
This chapter illuminates the effect of receiving a grand jury subpoena and provides an in depth explanation of how to properly cooperate with the government, while minimizing the risk of criminal exposure and maximizing the Protection of corporate information.
- Mitigating Criminal Exposure in Bankruptcy Privileges
This chapter surveys the risks of criminal prosecution that manifest when revealing intimate corporate information while filing for bankruptcy relief and advises ways to prudently respond to statutory inquiries during the bankruptcy process.
This chapter discusses the scope of various privileges potentially available to optimize the balance of protecting corporate information and complying with the criminal investigation of the client.
This chapter reveals the exemptions available through the constitution and immunity statutes, which prevent the government from compelling testimony in court or before a grand jury.
- Parallel Proceedings
This chapter contemplates the possibility of parallel investigations by the government for both criminal and civil proceedings resulting from potential violations of both civil and criminal laws, while also elaborating on other significant implications parallel proceedings may produce.
- Mail Fraud, Wire Fraud
This chapter details various fraud statutes with a specific analysis on the theories behind fraud convictions, the typical elements of fraud, including the requisite mental culpability, and the corresponding fines and penalties associated with fraud violations.
- Obstructive of Justice
This chapter covers the federal statutes prohibiting the obstruction of justice through intimidation, physical force, or corrupt persuasion against a witness, victim, or informant, or engaging in misleading conduct toward another person.
- Bank Secrecy Act
This chapter examines the evolution of the Bank Secrecy Act with respect to its statutory amendments and the corresponding judicial responses, which have evaluated the typical constitutional issues associated with criminal statutes.
- Bank Crimes
This chapter provides in depth coverage of various bank crimes including: embezzlement, false entries, false financial statements, fraud, bribery, and the financial privacy act, along with recent updates in the law with respect to financial institutions.
- Securities Fraud
This chapter dissects Securities Fraud, providing an insight into the factors leading to the formation of a criminal proceeding as well as advice counsel can provide to prevent potential violations from forming into greater criminal matters.
This chapter explores the Racketeering Influenced and Corrupt Organizations Statute (“RICO”) for the purposes of guiding attorneys in analyzing the extremely intricate elements of RICO and preparing a defense in both civil and criminal RICO cases.
This chapter discusses Federal Antitrust Law as enforced by the Antitrust Division of the U.S. Justice Department, including organization, investigation, and prosecution of antitrust violations by companies and their employees.
- Continuing Criminal Enterprise
When a person violates the Drug Control Act through a continuous series of violations, they are engaging in what is defined as a continuing criminal enterprise. This chapter outlines the crime and punishment associated with continuing criminal enterprises.
- Hobbs Act
The Hobbs Act, one act criminalizing racketeering, is discussed in this chapter, along with the three essential elements needed to establish an offense: that the defendant induced someone knowingly and willingly by means of extortion to part with property which affected interstate commerce.
- Travel Act
The Travel Act, one in a series of acts criminalizing racketeering, is discussed, along with three essential elements needed to establish an offense under this statute: that the defendant engaged in interstate commerce with specific intent to promote, manage, or carry on unlawful activity and thereafter knowingly and willingly engaged in that unlawful activity.
- National Stolen Property Act
This chapter discusses the offenses and defenses under the National Stolen Property Act, which makes it an offense to transport, interstate, fraudulently obtained property with a value of $5,000 or more with fraudulent intent.
- Tax Crimes
The Internal Revenue Code contains 15 different criminal statutes concerning various offenses which can be committed connected with taxes; this chapter discusses the administrative organization of the Internal Revenue Service’s examination, evidentiary hearings, search warrants, and substantive laws in connection with the tax code.
This chapter addresses the offense of perjury along with defenses and potential fines and penalties.
- Fraud Against the Government
This chapter goes through crimes of fraud against the government, including false claims, conspiracy, false statements, and “major fraud against the government. It also goes through the False Claims Act and the process of qui tam actions by a relator.
- Money Laundering Act
The Money Laundering Act covers the crimes of laundering monetary instruments and conspiracy to launder money.
- Bankruptcy Crimes
This chapter addresses the array of bankruptcy crimes and punishments in 18 U.S.C. §§ 152-155, including fraudulent concealment or transfer, embezzlement through purchase of assets by custodian, fee agreements, and bankruptcy fraud.
- Import Offenses
This chapter addresses crimes associated with importation, such as false classifications and statements in entry of goods, smuggling illegal goods, and other offenses articulated with regards to the transfer of goods in and out of the United States.
- Export Offenses
This chapter addresses crimes associated with exportation of goods and discusses the sanctions that can be assessed if false reports or false records are submitted to the federal government.
- Environmental Offenses
Criminal cases involving environmental crimes are discussed, including how the enforcement agencies such as the Environmental Protection Agency, the United States Coast Guard, and the Army Corps of Engineers investigate and eventually prosecute crimes under statutes such as the Pollution Protection Act, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the Compensation and Liability Act of 1980, and the Insecticide, Fungicide, and Rodenticide Act.
- Trademark Offenses
This chapter addresses crimes related to the Trademark Counterfeiting Act of 1984, including the elements, defenses, fines, and penalties involved in a commercial trademark piracy case.
- Copyright Offenses
This chapter describes the copyright laws in the United States, including copyright infringement, the Digital Millennium Copyright Act of 1998, defenses, and penalties of violating the copyright statutes.
This chapter discusses the various crimes associated with forgery, choices of forgery law, and punishments. Topics discussed include forged endorsements on government obligations and securities, violations of 18 U.S.C.A. § 495 and 18 U.S.C.A. § 510.
Forfeiture is the divestiture without compensation of property used in a manner contrary to the laws. This chapter addresses the various avenues by which forfeiture may occur in both civil and criminal litigation. Topics discussed include: Drug related civil forfeiture, Non-drug related items subject to civil forfeiture, Criminal Statutes allowing for forfeiture, procedural statutes, petitions for remission or mitigation, and disposition of property.
- Procedural Attacks
This chapter navigates the various procedural avenues that a defendant can take during the investigation, indictment, and prosecution of a crime. Topics discussed include: multiplicity, due process, notice, speedy trial issues, severance, confidential informants, custodial interrogations, requests for counsel, involuntary confessions, hearsay statements, discovery, pleas, substantial and procedural subpoenas, search warrants, double jeopardy, venue, and the citizen Protection act.
This chapter covers strategies that lawyers may employ in their defense of white collar crimes. Topics discussed include dealing with codefendants, pleas of guilty, providing reports and taking depositions, expert witnesses, Fifth Amendment, judgments of acquittal, defendant’s rights, impeachment of witnesses, witnesses abroad, petite policy, deliberate ignorance, missing witnesses, bills of particulars, incarcerated witnesses, government witnesses, plain error, and extradition.
This chapter addresses the ethical dilemmas that a defense lawyer may face, including the setting and payment of fees, the possibilities of being charged with criminal conduct, joint representations, trial publicity, and problems concerning the conduct of other attorneys.
- Attorneys’ Fees
This chapter talks about issues that may evolve regarding attorney’s fees. Topics discussed include: money laundering and the payment of fees, issues of bankruptcy, subpoenas and attorney-client privilege, conflicts of interest, IRS reporting requirements, and the recovery of attorneys fees for wrongful prosecution.
This chapter explores how sentencing has changed since the Sentencing Reform Act of 1984. Topics discussed include the Reform Act of 1984, the Sarbanes-Oxley Act of 2002, the holding and impact of Supreme Court cases, the determination of sentencing under the advisory guidelines, sentencing of organizations, supervised release, and pardons/commutations.
- Pretrial Diversion
This chapter goes over the particulars of the pretrial diversion program that is being offered in the federal courts, including the purpose and the usage of the pretrial diversion program.
This chapter refers to the procedures and issues involving detention and bail, including the Bail Reform Act of 1984, pretrial detention, the detention hearing, voluntary surrender, release pending appeal, and penalties for an offense committed while on release.
- Evidentiary Issues
This chapter analyses evidentiary issues that may face a defense lawyer, including: Crawford v. Washington, general admissibility of evidence, summary testimony, tape recordings, statements, character, former testimony, scientific evidence, public records, medical reports, 911 calls, lay and expert testimony, post-arrest silence, pleas, polygraph, sufficiency of evidence, lost evidence, judicial estoppels, and sixth amendment implications of admissible/inadmissible evidence.
- Preservation of Error
This chapter covers the necessary steps in preserving error for appeals, including tools to help preserve error involving jury selection, testimony, extraneous offenses, jury instructions, and final arguments.
- Alternative Theories of Liability
This chapter discusses alternative theories of liability such as aiding and abetting and conspiracy. Topics discussed include: elements of aiding and abetting, laws of conspiracy, the Pinkerton rule, continuing conspiracies, and defenses against conspiracy charges.
- Jury Issues
This chapter deals with the issues that may arise during a trial with regards to the jury system. Topics discussed include voir dire, jury questionnaires, challenging selections, arguments to the jury, jury instructions, polling the jury, jury tampering, and jury misconduct.
- Health Care Fraud
This chapter covers the history of health care fraud in the U.S., as well as health care fraud statues and offenses related to health care fraud. Topics discussed include the 1972 anti-kickback statutes and amendments, the safe harbor regulations, the Stark Amendment, Health Insurance Portability and Accountability Act (HIPPA), the False Claims Act (FCA), RICO, and theft/bribery concerning federal funds.
- Federal Contempt of Court
The authority of a federal court to hold someone in contempt allows the judiciary to guarantee the orderly administration of justice. Chapter 43 addresses the contempt power, including: authority, classifications of contempt, contempt-plea agreements, sanctions for contempt, and appellate review.
- Wire Tapping and Electronic Surveillance
This chapter discusses electronic eavesdropping, most frequently accomplished by wiretapping. Topics discussed include:
- Historical Overview
- Berger and Katz
- Title III Court Orders
- Title III Searches
- Fugitives and Prisoners
- Extraterritorial Surveillance
- Attorney-Client Privilege
- Encryption Technology
- Internet Considerations
- Criminal Trade Secrets Violations
This chapter explores the widespread and disastrous consequences of the theft of trade secrets. Topics discussed include:
- Trade secret theft and technology
- Modern criminal trade secret legislation
- Trade Secrets defined
- Mens rea
- Beyond the United States
- EEA limitations
- Justice department factors
- Sentencing guidelines
- Civil Actions
- Substantive Crimes: Computer Crimes
This Chapter explores the emerging face of computer crimes, defined as “any violations of criminal law that involve a knowledge of computer technology for their perpetration, investigation, or prosecution.” Topics include:
- Background on computer crimes
- Constitutional Issues regarding computer crimes
- Computer Espionage Statute
- Confidentiality of Computer Data
- Unauthorized access of government computers
- Computer fraud statute
- Trafficking in passwords
- Virus statute
- Economic Espionage Act
- Copyright Act
- National Stolen Property Act
- Mail and Wire Fraud Statutes
- Electronic Communications Privacy Act
- Communications Decency Act
- Child Pornography Prevention Act of 1996
- Collateral Consequences of White Collar Crime
This chapter discusses the collateral consequences of white collar crime, including immigration consequences of criminal events. Topics discussed include:
- Statutory history and process
- Background conviction and plea information
- Deportable white collar offenses
- Discretionary and/or post-conviction relief
- Post-conviction or post-plea alternatives
- Jurisdictional and Constitutional Issues
This chapter explains jurisdictional and constitutional issues that may confront a defense attorney in white collar litigation. Topics discussed include:
- Grand jury subpoenas of foreign company documents
- Testimonial issues
- Sixth Amendment issues
- Rights of arrested foreign nationals
- Public Corruption
This chapter analyzes the crimes of public corruptions, including:
- Elements of bribery and illegal gratuity
- Definition of Public officials
- Federal Food, Drug, and Cosmetic Act Violations
This chapter deals with federal food, drug and cosmetic act violations, which involve the purpose “to keep impure and adulterated food and drugs out of the channels of commerce…” Topics discussed include:
- Elements of a Violation of Food, Drug, and Cosmetics Act
- Required Intent
- Responsible relation test
- Attorney Liability
This chapter discusses the limitations provided to attorneys under which they must operate in order to shield themselves from potential prosecution and disbarment. Topics discussed include:
- Obstruction of justice
- Witness tampering
- Criminal conspiracy
- Criminal contempt
- Mail fraud
- Bankruptcy fraud
- Foreign Corrupt Practices Act
This chapter addresses the Foreign Corrupt Practices Act that can expose U.S. citizens to criminal liability for payments to foreign officials in order to secure business. Topics discussed include:
- Who is covered by the Foreign Corrupt Practices Act
- Definitions of Bribery, payment, foreign officials, corruptly, and intermediaries
- Statutory exceptions
- Affirmative defenses
- Opinion letters
- Record-keeping and internal accounting
- Enforcement and penalties