Skip to Content

Insights & News

Category: White Collar Criminal Defense

Availability of Probation in the Context of White Collar Defense

White Collar Criminal Defense By Binnall Law Group - 2019/01/10 at 12:44pm

If you’ve been charged with a white collar crime (such as insider trading, bank fraud, or various FCPA violations) then you could be exposed to a range of penalties that include significant jail time. Though of course liability is best avoided, there are some situations in which the evidence clearly points to guilt.  If the prosecution has clearly established your liability, then it’s important not to resign yourself to the worst-possible outcome — with the aid of a skilled criminal defense attorney, your sentence could be reduced and changed to probation so that you can avoid a term of imprisonment […]

Read More

Sentencing Factors in White Collar Criminal Defense

White Collar Criminal Defense By Binnall Law Group - 2018/12/14 at 12:30pm

If you’ve been charged with a white collar crime (i.e., financial fraud, insider trading, etc.), then you may be facing overwhelming and life-changing consequences.  A conviction for a white collar crime may carry with it significant penalties that could include years of imprisonment and full restitution for the monetary losses incurred. Your potential sentence could vary quite a bit, however, depending on the presence of mitigating factors.  Let’s take a closer look. Sentencing Guidelines Judges first evaluate the offense level of a white collar crime in accordance with the applicable sentencing guidelines (federal or state).  It’s important to note that […]

Read More

Qui Tam Whistleblower Claims Can Be Challenged

White Collar Criminal Defense By Binnall Law Group - 2018/11/30 at 07:14pm

The False Claims Act (FCA) criminalizes fraud, waste, abuse, and regulatory violations, and enacts provisions that protect whistleblowers from retaliation (and that give them an opportunity to bring a lawsuit against the violator).  Under the FCA, qui tam actions may be brought against wrongdoers on behalf of the government.  This can expose the purported wrongdoer to significant criminal liability. If you’ve been sued pursuant to a qui tam action, the stakes are quite high.  Liability under the FCA can lead to penalties of up to three times the losses incurred by the government (as well as additional penalties for each […]

Read More

Bribing a Foreign Official Could Expose You to Criminal Liability

White Collar Criminal Defense By Binnall Law Group - 2018/11/23 at 07:07pm

If you or your organization has been accused of having bribed a foreign official in violation of the Foreign Corrupt Practices Act (FCPA), then you may be concerned about the repercussions of conviction.  FCPA violations can give rise to significant criminal penalties that include up to $2,000,000 per violation (for entities) and up to $250,000 per violation and five years’ imprisonment for individuals.  This is not accounting for civil penalties, which may be imposed separately. Given the high stakes nature of FCPA anti-bribery litigation, it’s important that you understand the basics.  Let’s take a quick look. The Foreign Corrupt Practices […]

Read More