THE LAW OFFICES OF PAUL PURI & ASSOCIATES
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WHITE COLLAR CRIME DEFENSE
ATTORNEY PAUL N. PURI
White Collar Crime Defense Attorney
in the Bay Area and Northern California
White Collar Crime Defense in the San Francisco Bay Area
In modern times, federal prosecutors have expanded the use of
the Mail Fraud, Wire Fraud and Money Laundering statutes to
prosecute more and more cases as "white collar crimes."
Traditionally, white collar crimes were mostly prosecuted against
federally against corporate executives. Now, everyday people can
be charged federally under these statutes for any fraud crime
where the accused made use of the mails or wires to obtain
monies illegally. Sending or receiving a check or invoice over the
mail, internet or transacting via telephone will subject one to risk
federal prosecution where a fraud is alleged.
However, "white collar crimes" are not exclusively federal. State
and local prosecutors also prosecute fraud crimes. Usually,
these charges will be deemed embezzlement, trade secret theft,
commercial burglary, larceny, etc. In the state context, it is usually
not an executive involved; rather, it may be an employee or middle
management individual.
Probably the key feature of a "white collar crime" is that there is
little or no physical evidence involved. The entire prosecution will
be based almost exclusively on documents and witnesses
testifying to what the defendant said. In both state and federal
court, witnesses are allowed to testify as to what the defendant
said. Such testimony is either qualified as "not hearsay" or fitting
into an exception to the hearsay rule. The defendant may not put
on witnesses to contradict what the witnesses stated, because
that would be hearsay. Because of this defense disadvantage,
careful scrutiny of the documentary evidence must be performed
to prepare for cross-examination. Investigation of the witnesses
must be diligent to open the prosecution witnesses up to
impeachment of their credibility for truthfulness. Skilled
cross-examination of witnesses is especially crucial in the
white-collar context.
Also, at the federal level there are a variety of possible charges
that fall within the "white collar crime" arena. Aside from mail
fraud, wire fraud and money laundering, federal prosecutors also
routinely prosecution tax fraud, securities fraud, bankruptcy fraud,
antitrust violations, trademark and copyright violations, import and
export violations and environmental crimes. Many times,
prosecutors will invoke civil and criminal forfeiture laws to
terminate the monetary lifeblood of the suspected criminal
enterprise. Many "white collar" defendants are charged with
RICO (Racketeering Corrupt Organizations) statute, and as a
"continuing criminal enterprise".
Another feature of modern white-collar prosecutions is the use of
digital documentary evidence. The government has access to
vast resources relating to computer forensic analysis. Few, if
any, experienced lawyers are computer savvy enough to digest
the millions of pages of data that can be in issued in a white
collar prosecution. Nor are most lawyers well educated in the
esoterics of computer technology. Forensic computer analysis
entails study of hard-drives, file allocation tables, file system
metadata, and internet protocol (IP) packet tracking. It is very
important, in cases involving computers, that the lawyer have
extensive knowledge of computers to effectively cross-examine
the government forensic computer crime-lab experts, and rebut
presumptions about the creation and source of digital documents
and data.
As a former computer network security specialist, Attorney Paul
Puri, is uniquely suited to aid in the investigation, consult with
defense experts, and educated co-counsel about the meaning
and possible implications of digital evidence. Mr. Puri is involved
in several of such cases.
In the federal realm, recent changes in the law have vastly
increased the possible prison time the accused can face. Gone
are the days of "Club Fed." White collar convicts can face
substantially long prison sentences, adding up to what could be
a life sentence. Therefore, it is imperative to hire a trial lawyer
who has experience in federal criminal court, and has handled
federal sentencing hearings under the Federal Sentencing
Guidelines. Defendants must resist the urge to hire their civil or
corporate attorneys if they do not have significant federal criminal
trial experience.
"I believe in our freedoms;
so I'm calling it 'accusation
law.' I don't like the phrase
'criminal law.' You're not a
criminal if the prosecution
can't prove it. When I fight
for you, this is the law of
accusations not criminals."
-Paul N. Puri,
Attorney for the Accused
Click here to learn about Mr.
Puri's hard-fought victories.
IS YOUR LIFE, LIVELIHOOD AND FREEDOM AT RISK DUE TO ACCUSATIONS OR CHARGES?
DO CHARGES THREATEN YOUR REPUTATION?
CALL PAUL. HE CAN PROTECT YOU!
Call Toll Free (888) 814-2213
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"Please tell us about
your case, including
your email address
and phone number,
and I'll respond the
same day, guaranteed."
-Attorney Paul Puri
Paul Puri can assist you with White Collar Crime, Mail Fraud,
Wire Fraud, Stock Fraud, Corporate Crime, Obstruction of Justice,
Embezzlement, Public Corruption, Securities Fraud, Antitrust, Tax
Fraud, Money Laundering, Bankruptcy Fraud, Import Export
Violations, Environmental Crimes, Copyright Trademark
Violations, Civil Criminal Forfeiture, Continuing Criminal
Enterprise, RICO, Racketeering, Stock Fraud.