“White Collar Crime” generally refers to financial crimes, such as fraud, bribery, money laundering or embezzlement. When a business or a professional is under investigation, it is essential to obtain competent legal advice as quickly as possible. There has been a trend in recent years to prosecute white collar crime as “obstruction of justice.” Even in cases where no underlying crime has occurred, a professional can be prosecuted for destroying evidence or improperly speaking to potential witnesses. For example, Martha Stewart was imprisoned not for insider trading (which she was investigated for) but for lying to the SEC.
In federal cases, detailed knowledge of the United States Sentencing Guidelines is essential to defending a financial case. The Guidelines, which were mandatory until the Supreme Court struck them down in 2005, provide onerous penalties for economic crimes. However, there are many ways to argue that the Guidelines do not or should not apply in a particular case.
The ZMO Law PLLC represents individuals and corporations in connection with financial and economic crimes. Attorney Zachary Margulis-Ohnuma has represented doctors, lawyers, bankers, accountants and other professionals accused of criminal activity related to their work. He has achieved numerous sentences for his clients well below the Guidelines in cases of financial crime (past outcomes do not indicate future results). He also represents corporations, assisting them in investigating crimes and working with the authorities such as the FBI, SEC, or local police. If you or your business is under investigation, please call us at 212-685-0999 for a consultation.