WE RESPOND TO YOUR NEEDS 414-271-1440
White Collar Crimes: Aggressive Prosecution of Executives Creating a Concerning Justice Trend
If you thought working your way up the corporate ladder to a top executive position was difficult enough, you also need to be aware of the need to avoid criminal prosecution. “Stung by years of criticism that it has coddled Wall Street criminals”, the Justice Department issued new policies in the Fall of 2015 that prioritize the prosecution of individual employees — not just their companies — and “puts pressure on corporations to turn over evidence against their executives.” Currently, there are an estimated 4,500 federal criminal statutes and 300,000 administrative regulations that could lead to criminal charges for company executives and professionals, and the list of white collar and regulatory crimes keeps growing. Equally concerning is how, under some of these statutes, an executive may be charged with a crime she or he did not personally commit and was not even aware of.
Criminal Prosecution of Businesses Going Too Far?
A joint report of the National Association of Criminal Defense Lawyers and the Heritage Foundation “How Congress is Eroding the Criminal Intent Requirement in Federal Law” points out that many regulations criminalize conduct that is not inherently wrongful, sometimes with near strict liability regardless of intent or state of mind. As a result, “neither criminal law professors nor lawyers who specialize in criminal law can know all the conduct that is criminalized. Ordinary individuals are at even greater disadvantage.” Citing the NACDL report, Milwaukee attorney Raymond Dall’Osto said, “Today, everything can be charged as a federal crime.” In the absence of specific intent elements in the regulatory area, Dall’Osto, an attorney with Gimbel, Reilly, Guerin & Brown, LLP, said strict liability has become the norm.
Facing a Business Investigation or Criminal Charge? Seek Knowledgeable and Effective Legal Representation
With the increased focus on white collar crimes, more business executives and healthcare professionals are at risk of being pulled into court on criminal charges. Because of this reality, experienced and aggressive representation by Wisconsin criminal defense attorneys who are willing to fight for the rights of their clients is absolutely crucial for executives and professionals facing investigation or criminal charges. With many years of experience in defending federal and state cases against business executives and professionals, the lawyers at Gimbel, Reilly, Guerin & Brown, LLP, are ready to help. Call us at 414-271-1440 to schedule your initial consultation today.
Sources:
http://nytimes.com/2015/09/10/us/politics/new-justice-dept-rules-aimed-at-prosecuting-corporate-executives.html?_r=0
//press-coverage-articles/wisconsin-law-journal-march-28-2011
http://nacdl.org/overcrim/
