Minimizing the Impact of White-Collar Crime Accusation in Atlanta, GA

According to popular myth, a white-collar crime accusation destroys a professional reputation in Atlanta. But that is not true. In fact, some people admire complex white-collar crime schemes, particularly if the victim is the government or a faceless corporation. Furthermore, these arrests usually do not change a person’s reputation in the community. People who supported Donald Trump before the hush money conviction still supported him afterward, and vice versa.

So, a white-collar crime arrest adversely affects a professional reputation but does not destroy it. A white-collar crime conviction, on the other hand, is a different matter, especially if the defendant loses a high-profile trial. Our criminal defense lawyers in Atlanta, GA, always seek to resolve these matters out of court. Additionally, in many cases, post-trial relief, such as record restriction, is available in these matters.

Challenge the Evidence

White collar crime cases usually have procedural, substantive, and or affirmative defenses. PPP (Paycheck Protection Program) loan fraud, one of the most common white-collar crimes, is a good example. Usually, authorities arrest and prosecute individuals who use PPP funds for an unauthorized purpose, which is basically anything other than covering payroll or other direct business expenses.

As these investigations reach their climaxes, many law enforcement agencies seize records. This evidence is inadmissible unless a judge issues a valid search warrant based on probable cause. There is a difference between valid and accurate. Broken clocks are accurate twice a day, but they’re clearly unreliable. Furthermore, the uncorroborated word of a paid informant usually doesn’t constitute probable cause.

Criminal intent (mens rea) is usually the central issue in a PPP fraud or other white-collar crime case. It is also the most challenging element to prove. A PPP loan fund disbursement error could be just that. It could be an innocent mistake. Repetitive, similar errors indicate intent. A memo or other directive from the boss requiring such conduct is proof positive of intent.

Coercion is the most common affirmative defense in white collar crime cases. Sometimes, the same document that establishes intent also establishes coercion. Owners often make subtle or not-so-subtle threats about what happens to people who do not toe the company line, even if the company line involves making illegal PPP disbursements.

Seal the Record

Since white-collar crimes are nonviolent, formal record sealing is usually available, especially if the crime was a misdemeanor. Most defendants can restrict to two misdemeanor convictions if:

• At least 4 years have passed since you completed your sentence
• You have not been convicted of any crime (except non-serious traffic offenses) in the intervening period
• If you have no currently pending charges
• You were acquitted of an excluded offense

Those excluded offenses include:

• Sex crimes
• Crimes against children
• Family violence
• DUI
• Other specific offenses

If you have a felony conviction, you may also be eligible for a second chance under the law. If you have received a pardon from the State Board of Pardons and Paroles, and your conviction was not for a serious violent felony or sex offense.

Our Defense Attorneys are on Your Side

White collar crimes have significant consequences. For a confidential consultation with an experienced white collar crimes attorney in Atlanta, contact Zimmerman & Associates, Attorneys at Law. We routinely handle matters in Fulton County and nearby jurisdictions.