Colorado white collar crime: Why it’s important to hire a skilled attorney if you’ve been accused.

Punishment for white collar crime in Colorado is severe, sometimes on par with sentencing related to violent crime. While it may seem easy to think about white collar crime as simply “non-violent and finance or business-related,” the net under which these offenses fall is probably broader than you think. Additionally, those accused of white collar criminal activity often find law enforcement has spent years building an air-tight case against them.

Essentially, white collar crime involves the use of deception to acquire financial or property assets. It can, in addition, include the abuse of a position of trust. For example, if a CPA embezzles thousands of dollars from his/her clients, that is the abuse of a position of trust and considered white collar.

These offenses often violate both state and federal law, so they can be prosecuted in either state or federal court. Because white collar cases are complex, they take time, money and ample resources to execute. Federal prosecutors are better equipped and trained than state courts, so large-scale cases often move to federal court.

If a case stays in Colorado state court, sentencing may involve financial penalties such as fines, restitution and forfeiture as well as incarceration, probation and community service. The defendant will often receive a mandate to pay back the full amount that was stolen to the victim(s).

In Colorado, classification for white collar criminal activity escalates quickly. Embezzling as little as $2000 or stealing property of the same value is considered at least a class 6 felony and carries a sentence of one to one and a half years in prison with a one-year mandatory parole period.

Similarly, committing check fraud of $2000 or more carries a fine of up to $100,000 in Colorado.

What it takes to prove guilt in white collar crime.

In addition to hard evidence such as bank statements and other documentation providing legal proof of wrongdoing, law enforcement must show intent behind an accused offender’s actions. In other words, the prosecution must prove that the offender committed the alleged acts knowingly and with full intention of breaking the law.

Entrapment, perhaps the most common defense against white collar crime allegations, asserts that the accused would never have committed the crime were it not for the actions of a government actor who tricked or coerced the accused into doing it.

While several defenses against allegations of white collar crime exist, proving one’s innocence takes elaborate and oftentimes years-worth of organized evidence to support it. Presenting an argument of the caliber necessary to prove one’s own innocence is nearly impossible for most accused, so obtaining an experienced and aggressive white collar crime attorney is vital.

When those alleged of white collar criminal activity try to act alone, they often hurt their own case or, at worst, affirm their guilt. If you receive accusations, contact a proven, qualified attorney immediately.