Experienced White Collar Crimes Attorneys For In Portsmouth
White collar crimes are serious offenses with lasting legal and financial consequences. Whether you are facing allegations of fraud, embezzlement or bribery, it is crucial to have a skilled attorney working with you. Legal proceedings in these cases can be complex, and a strong defense requires knowledge of state and federal laws. Working with a qualified Virginia lawyer helps ensure your rights are protected and that you receive fair treatment throughout the legal process.
At The Collins Law Firm, P.C., you will meet directly with our partners, Hollie or Kevin, who bring more than 50 years of combined experience to your defense. We offer free consultations, work on a flat-fee basis so you know exactly what to expect and provide military discounts. Call us at 757-818-9539 today to discuss your case.
What Is Considered A White Collar Crime In Virginia?
White collar crimes are nonviolent offenses that involve deception, concealment or breach of trust for financial gain. These cases typically involve complex financial transactions, fraudulent documents or misuse of professional positions.
The main difference between state and federal charges comes down to jurisdiction. State charges are prosecuted under the Virginia Code in Virginia Circuit Courts by the commonwealth’s attorney. Federal charges are prosecuted under federal statutes in the U.S. District Court by the U.S. attorney.
Meanwhile, federal cases typically involve crimes that cross state lines, use federal mail or wire services, or involve federal agencies like the IRS, SEC or FBI. Some conduct can violate both state and federal law, and the jurisdiction that prosecutes your case will determine which court hears it and what penalties you may face.
White Collar Crime Penalties In Virginia
Penalties for white collar crimes vary widely based on the amount of money involved and the specific charge. Here are the potential penalties for common offenses:
- Fraud: Ranges from a Class 1 misdemeanor to a felony, depending on the dollar amount
- Embezzlement: Up to 20 years in prison if the amount exceeds $1,000 under Virginia Code § 18.2-111
- Insider trading: Federal penalties include up to 20 years in prison and fines up to $5 million
- Money laundering: Class 3 felony carrying five to 20 years under Virginia law
- Tax evasion: Ranges from a Class 1 misdemeanor to a Class 6 felony
- Bribery: Class 4 felony carrying two to 10 years in prison
You may also face restitution payments, loss of professional licenses and revocation of security clearances.
What To Do Immediately After A White Collar Arrest Or Investigation
Your actions in the first hours and days after an arrest or investigation can have a major impact on your case. We advise clients to take these steps:
- Invoke your right to stay silent – do not speak to investigators until you have legal representation
- Refuse permission for law enforcement to search your devices, files or property
- Make detailed notes about what happened during any law enforcement contact
- Keep all documents and electronic records intact – never destroy potential evidence
- Stay silent about your case on social media platforms and in conversations with others
- Reach out to a defense lawyer right away
Many people believe that cooperating fully or trying to explain the situation will make charges go away. Anything you say can be used against you, even if you think you are helping your case.
White Collar Criminal Defense In Virginia
White collar crimes in the commonwealth involve complex financial data and serious penalties. At The Collins Law Firm, P.C., we defend clients against state and federal charges such as:
- Fraud (tax, credit card and internet): Under Virginia Code § 18.2-178, the prosecution must prove a specific “intent to defraud.” We focus on showing a lack of criminal intent by identifying clerical errors or proving “honest mistakes” that do not meet the legal requirements for a fraud conviction.
- Embezzlement: The state must prove you “wrongfully and fraudulently” used property entrusted to you under Virginia Code § 18.2-111. We defend these cases by demonstrating a rightful claim to the assets or identifying errors in internal accounting records.
- Insider trading: These cases typically proceed in federal court such as the U.S. District Court for the Eastern District of Virginia. We utilize federal safe harbors, including the “mosaic theory,” to show trades resulted from public analysis or followed preplanned SEC Rule 10b5-1 schedules.
- Money laundering: The Virginia Comprehensive Money Laundering Act (§ 18.2-246.3) requires the state to prove you knew property originated from felony proceeds. Our defense focuses on the lack of knowledge regarding the source of funds or establishing a legitimate business purpose for the transactions.
- Tax evasion: Virginia state tax charges involve the “willful” failure to follow the tax code (§ 58.1-1815). We address these charges by showing a good faith reliance on professional tax advice and challenging the Department of Taxation’s calculations.
- Bribery: We challenge the “corrupt intent” and “quid pro quo” requirements under Virginia Code § 18.2-438. We focus on whether an exchange involved a formal “official act” and determine if the interaction falls under Virginia ethics law protections.
If you are under investigation or facing criminal charges, contact our firm to discuss your defense.
Why Choose The Collins Law Firm, P.C., For Your Defense?
As a husband-and-wife law firm, The Collins Law Firm, P.C., brings a personal touch to white collar crime legal representation while offering professionalism. With over 50 years of combined experience, we have successfully defended clients facing a wide range of charges in Portsmouth. We work on a flat-fee basis, so our clients never have to worry about unexpected legal bills. Whether you work with attorney Hollie Owen Collins or attorney J. Kevin Collins, you can trust that you are getting dedicated, knowledgeable legal support.
Contact Our White Collar Crimes Attorneys To Secure Your Defense Today
If you are facing white collar crime charges in Portsmouth, Virginia, or within a two-hour radius, contact The Collins Law Firm, P.C., as soon as you know about the charges to better your chances of building a strong defense.
Call us at 757-818-9539 today for a free consultation and to discuss your case. You can also contact us online.