Federal White Collar Crimes
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    Federal White Collar Crime Defense Attorney in San Diego

    David Silldorf is a white-collar criminal defense attorney.  His office headquarters are in the San Diego metro area.  But David Silldorf’s federal practice is national: he has represented his clients in South Carolina, Wyoming, North Dakota, and so on. Our team will make sure that you’re represented at all times and that you’re fully supported throughout the complicated legal proceedings of federal white-collar crimes.

    What Are Federal White Collar Crimes?

    White-Collar crime is complex and refers to a number of different types of federal crime. Usually, these crimes have to do with finance and accounting and occur when people in business use deception or theft for financial gain. Often, white-collar crimes are committed by people of power or influence who use their position to make money unlawfully.

    Many different types of crimes fall under this category. And, what most people don’t understand is that it’s extremely important to retain a lawyer as soon as possible. Whether you’re guilty of the crime or not, working with a lawyer can help ensure a positive outcome in your case.

    Having a skilled and aggressive defense attorney in your corner is critical, no matter the charges: bribery, corporate fraud, insider trading, embezzlement, tax evasion, or insurance fraud. The right lawyer can help you reduce your exposure and protect you against even greater penalties. 

    At the Law Offices of David R. Silldorf, we provide representation that supports you through the legal proceedings of a white-collar crime case. We know how to get you the support that you need when facing white-collar crime charges. If you’re looking for representation you can trust, reach out to our team today for a consultation!

    Bribery

    18 U.S.C. § 201 provides punishment for whoever directly or indirectly offers anything of value to any public official with the specific intent to influence them to act in any particular way.  Bribes can take the form of gifts or payments and are usually exchanged for favorable treatment by politicians, judges, or law enforcement. 

    This type of crime is usually investigated by federal authorities. If you are facing allegations of bribery, you will be subjected to a lengthy and thorough investigation by a government agency and federal law enforcement.  The penalties for bribery of a public official include fines of up to three times the value of the bribe, and imprisonment for up to 15 years in federal prison. 

    If you are the subject of a bribery investigation, or if you are facing federal bribery charges, you should contact a federal criminal defense attorney.  An experienced criminal defense attorney can help you navigate the legal process and limit your exposure to criminal liability.

    Corporate Fraud

    Corporate fraud refers to any fraud committed by corporations or their officers, directors, or executives. Corporate fraud covers a variety of fraudulent activity, including:

    • Misrepresenting assets or revenue
    • Fraudulent transfers
    • Fake or illegal loans
    • False purchases
    • Fraudulent transactions
    • Intentionally inaccurate financial reports
    • Falsification of tax returns

    These are all lumped into the category of corporate fraud because they are carried out by corporate executives or a corporate entity, itself. 

    Corporate fraud may be investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), or the Securities and Exchange Commission (SEC), to name a few.  These investigations usually involve in-depth financial audits into suspicious transactions and irregularities in reporting.  

    A conviction could lead to a prison sentence ranging from 5 to 25 years.  In addition to imprisonment, federal criminal statutes allow for criminal fines and restitution which can be twice the amount of the total fraud committed.

    If you are facing federal fraud charges, contact an attorney with experience in navigating the federal process.  In order to obtain a conviction for corporate fraud, a federal prosecutor must show evidence that the accused had intent to defraud, deceive, or manipulate.  A skilled criminal defense attorney can work with you to defend your case, and raise possible doubt about your criminal intentions, show you acted in good faith for a legitimate purpose, or prove that you acted under duress, to name a few.  

    Embezzlement

    Embezzlement is the term for stealing from an employer.  Embezzlement becomes a federal crime when the United States government is involved.  This could mean the company that the person works for has been contracted by the federal government, has access to federal government property, is paid through taxpayer money, or is involved in national interests.  

    Federal law, under 18 U.S.C. § 641, lays out punishments for anyone who embezzles or intentionally converts for their use, or without authorization, sells or disposes of a record, money, or anything that has value to the United States, or any property under contract, or anyone who receives or conceals with the specific intent to convert for their own benefit, with the knowledge it had been embezzled, stolen, or converted.

    The difference between a misdemeanor and felony federal embezzlement charge depends on the value of the money, property, or assets that were embezzled.  Anything above $1,000 will be charged as a felony and will carry a heavier penalty.  

    Felony federal embezzlement carries a maximum fine of $250,000. If convicted, a person could face a prison sentence of anywhere between a few months and 10 years.  The extent of this penalty is based on how much was embezzled, the duration of the theft, the amount of trust that was placed in the person, and their criminal history.

    An experienced federal criminal defense attorney will aggressively work to defend your case either in pre-trial litigation, at trial, or in mitigation at sentencing to minimize possible prison exposure. If you are facing questions from your employer or are under investigation for missing funds, contact the Law Offices of David Silldorf immediately.  We will work tirelessly on your behalf to help you avoid prison time. 

    Insider Trading

    Insider trading occurs when a person in possession of significant, nonpublic information about a company trades in the company’s securities and makes a profit or avoids a loss. Brokers, stock analysts, investment bankers, and company employees often have advanced inside information that can affect the future market value of a corporate stock. Insider trading can be either legal or illegal depending on certain circumstances.  

    Insider trading is prohibited by 17 CFR § 240.10b5-1 of the Securities Exchange Act of 1934 which also established the Securities and Exchange Commission (SEC).  The SEC and the U.S. Department of Justice (DOJ) may prosecute insider trading if they believe that the trader:

    • Engaged in the actual purchase or sale of a security
    • Was in possession of non-public information
    • The information was material (there is a substantial likelihood that a reasonable investor would consider it important in making investment decisions)
    • The information was not publicly available

    Insider trading can be punished through civil sanctions by the SEC or criminal prosecution by the DOJ. If the SEC pursues civil action, Federal law authorizes fines up to three times the amount of profits gained or losses avoided through the insider trading incident.  If someone is criminally prosecuted by the Department of Justice for insider trading they may face a maximum of $5 million in fines and up to a 20-year prison sentence.

    Insider trading laws are complex and the list of exceptions is vast.  An experienced white collar defense attorney will work to dismantle the prosecution’s case by casting doubt on the criteria for criminality listed above.

    Tax Evasion

    Section 7201 of the tax code creates the federal crime of tax evasion. There are two main offenses under  26 U.S.C. § 7201: the willful attempt to evade or defeat the assessment of a tax, and the willful attempt to evade or defeat the payment of a tax. Violations of these statutes by any person or business are considered felony federal offenses.

    The tax code lays out strict punishments for people found to be in violation of Section 7201, it states: Any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 ($500,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

    In order to convict a person or business, it must be proven that a defendant engaged in some affirmative conduct that was designed to mislead the IRS or conceal tax liability or assets.  This is commonly done by intentionally filing false tax returns.   A false tax return that understates tax liability can omit income or claim improper deductions in order to evade payment of federal taxes.

    Tax law is complicated.  If you are under investigation for tax evasion or if charges have been brought against you, the time to obtain legal counsel is now.  In order to provide a strong legal defense against tax evasion charges, you need a federal criminal defense attorney with a thorough understanding of the tax codes and prevailing legal rules and regulations that govern these various crimes.  Contact the Law Offices of David R. Silldorf today.

    Defending Against White Collar Crime Charges

    Have you been charged with a federal white collar crime?  Are you under investigation or in receipt of a grand jury subpoena or target letter for financial crimes?  David Silldorf Law is here to support and defend you against the government through the legal process. Do not wait until it’s too late.  Call today!

    The Law Offices of David R. Silldorf, APC will review the facts surrounding your case and then develop a tailored strategy to protect you against a federal white collar criminal charges.

    Domestic and International White-Collar Crimes

    White-collar crimes aren’t just limited to domestic crimes. In fact, businesses that operate internationally but are American-owned and run are also subject to white-collar criminal charges due to the FCPA, or Foreign Corrupt Practices Act. This act makes it illegal for American businesses to pay off foreign officials in order to gain contracts overseas. 

    It also makes it illegal for third-party payments and joint-venture partnerships to be used to bribe foreign officials to gain an advantage in business operations. Foreign money laundering also falls under the FCPA, offering additional ways in which a foreign business could be charged with white-collar crime. 

    Foreign businesses that are listed under the securities and exchange commission are also covered under the FCPA. That means that you might be operating a foreign business that you thought was exempt, but that is actually subject to complex white-collar crime laws.

    The good news is that whether you’re dealing with foreign operations under the FCPA or you’re operating a fully domestic business, David Silldorf Law is here to get you the representation you need. We have experience working in white-collar crimes of all types, ensuring that you’re protected no matter what it is that you need assistance with. 

    A Team That Takes What We Do Seriously

    Many clients don’t understand the gravity of being charged with a white collar crime. Or, they may try to take matters into their own hands and speak with special agents in order to prove their innocence.

    Oftentimes, individuals under investigation who are facing scrutiny by law enforcement are intelligent, sophisticated, and resourceful.  It is not uncommon that these same individuals end up as criminal defendants when they make the mistake of thinking that they have nothing to worry about and that they’ll be able to take care of the situation on their own, or by trying to “talk their way out of it.”  Don’t.  It is almost never a good idea to have a “free talk” with law enforcement without a lawyer being present.

    Unfortunately, both of these instances often allow the special agents to gather additional information. They’re trained to gather evidence about the crime and know that in most cases, the person accused is the best source of accurate information. In other words, speaking with a special agent without speaking to a lawyer can end up creating more problems for you.

    At the Law Offices of David R. Silldorf, we have the knowledge, experience, and track record of success needed to protect our clients. We know how to support and guide our clients through the process.  Working with us immediately signals to the government that you are serious: either about resolving your matter before trial, or taking your case to trial, forcing the government to prove your guilt beyond a reasonable doubt. 

    Work with a team that understands your legal dilemma, and knows how to support and defend you through the complicated legal process of a white-collar crime case. We’ll help you navigate the court process from start to finish, taking a scorched-earth approach.  At the end, you’ll know that your legal team left no rock unturned, and gave you the absolute best shot at success. 

    Years of Experience Defending White-Collar Crimes

    White-collar crimes aren’t quick-and easy proceedings. Indeed, oftentimes, they may take years to reach a resolution. Every time we take on a white collar case, we’re taking on potentially years of work and ultimately giving ourselves years of additional experience, which we can then use to support future cases. 

    With decades of white-collar criminal defense work behind us, our office understands how these crimes work and how to defend our clients. Every time we take on a case, we’re simply adding to our repertoire and understanding, enhancing the tools and skills we have to support future clients. 

    Work with our team and know that you’re partnering with a professional, knowledgeable, and highly skilled legal team that is fully equipped to guide you through a white-collar criminal case. 

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      David Silldorf, Federal Defense Attorney in San Diego

      David Silldorf Law has helped many individuals and businesses come out of white-collar criminal cases with positive results. When people work with us, they know that they can count on us to help them navigate the complicated world of federal white-collar criminal cases. 

      White-collar criminal cases are a serious matter. You deserve to work with the best, knowing that your case is in good hands.

      Partner with the Law Offices of David R. Silldorf and know that you’re being backed by a criminal defense attorney that always has your best interests in mind, and the track record of success to prove it.

      Case Results

      People v. an individual

      [CD273868]

      The client was arrested on two counts of assault with a semi-automatic firearm and one count of carrying a loaded firearm registered to another.

      5-YEARS PROBATION

      United States v. an individual

      [possession of methamphetamine]

      Client was arrested by Bureau of Land Management (BLM) officers for possession of methamphetamine.

      NO CHARGES FILED

      People v. an individual

      [1SWF1900099]

      Accessory after the fact to murder

      DISMISSED 1 week before trial

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