Lafayette White Collar Crime Defense Lawyer

Navigating the complexities of the Louisiana and Federal legal system can be overwhelming and stressful. That’s why you need a legal team that has the knowledge and experience to handle even the most complex cases.

At the Ikerd Law Firm, we have extensive experience in white collar criminal defense. Our team is well-versed in the intricacies of federal as well as state charges, and has a deep understanding of the laws and regulations that apply to these cases.

Don’t let your life and future hang in the balance of the justice system, call or message today for a free initial consultation and to find out how we can help.

Working Closely with Clients Charged With White Colar Crimes

We know that being charged with a white collar crime can be a life-changing event. That’s why we work closely with our clients to ensure that they are fully informed and prepared every step of the way.

From initial investigations and plea bargaining, to trial and appeals, our team is dedicated to achieving the best possible outcome in each case.

Our team take a proactive approach to white collar criminal defense, working closely with our clients to identify potential legal issues and develop strategies to mitigate the risks of prosecution.

We will consult with professionals in the field to better understand the evidence and possible defenses.

We also have a deep understanding of the various sentencing guidelines and penalties associated with state and federal crimes and are able to provide our clients with the guidance they need to make informed decisions about their case.

White-collar criminal defense requires an attorney who can understand complex issues, few of which are similar to other cases.

Whether it is corporate embezzlement charges, accounting fraud allegations, or public corruption, your choice of a white-collar criminal defense attorney is crucial.

Do not risk putting your life, freedom, and financial well-being in the hands of someone ill-prepared to defend your case.

Don’t let the complexities of a white-collar case overwhelm you. Trust our team to handle your case and fight for the best possible outcome.

Contact us today to schedule a consultation and discuss your legal options.

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State and Federal White Collar Cases in Lafayette

White-collar cases in Lafayette can fall into one of two very different systems. Charges brought by the District Attorney under Louisiana law, such as theft, forgery, issuing worthless checks, public payroll fraud, and public contract fraud, are handled in state court, which for Lafayette Parish means the 15th Judicial District Court. Cases investigated by federal agencies such as the FBI, IRS Criminal Investigation, Secret Service, or Postal Inspection Service are prosecuted by the U.S. Attorney for the Western District of Louisiana, which has a division in Lafayette.

The two systems operate under different rules and procedures. Federal investigations are often lengthy and document-intensive, involving grand jury subpoenas, search warrants, and interviews before charges are filed. Federal sentencing is governed by the Federal Sentencing Guidelines, with the alleged dollar amount of loss often serving as one of the most significant factors in determining the recommended prison range. State cases generally move more quickly, are prosecuted under Louisiana statutes, and typically grade financial offenses based on the value involved.

Some conduct can be prosecuted in either system and, in certain circumstances, under both. That is why the first questions we ask in any new white-collar matter are who is investigating, what evidence they already have, and where the case is likely to be filed. The answers can significantly affect the defense strategy from day one.

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Types of White Collar Crimes in Lafayette

White-collar crimes include a wide range of criminal activities, but they all have one thing in common: they generally are non-violent crimes that are committed for financial gain.

Types of white-collar crimes include:

• Fraud: This includes activities such as embezzlement, Ponzi schemes, and insurance fraud
• Forgery: This includes the intentional forging of a signature or document that has legal efficacy, with the intent to defraud another person
• Money Laundering: This refers to the process of making illegally obtained money appear legal
• Insider Trading: This includes when an individual uses non-public information to make a profit in the stock market
• Bribery: This refers to giving or receiving something of value in order to influence a decision or action
• Residential Contractor Fraud: This includes the taking of money by a contractor to make residential repairs when the contractor has no intent of actually performing the work they were hired to complete
• Cybercrime: This includes activities such as hacking and identity theft
• Securities fraud: Misrepresenting information to manipulate stock prices and deceive investors
• Tax evasion: Illegally avoiding paying taxes by not reporting all income or claiming false deductions
• Public corruption: Abusing one’s public office or public position of power for personal gain
• Racketeering: Using illegal business practices or schemes to gain an advantage in the marketplace or for financial gain
• Corporate fraud: Illegal activities carried out by a corporation or its employees to deceive shareholders or stakeholders
• Antitrust: Refers to laws and regulations that prohibit business practices that restrict competition
• Bank Fraud: A criminal offense involving the use of fraudulent means to obtain money or assets from a bank
• Commercial Bribery: The offering, giving, soliciting, or accepting of bribes in a business context with the intent of influencing the recipient’s actions in one’s favor
• Conspiracy: Refers to an agreement between two or more people to commit a crime, when at least one of them has done an “act in furtherance of the object of the agreement”
• Counterfeiting/Monetary Instrument Abuse: The production or use of fake currency or monetary instruments with the intent to deceive another person
• Embezzlement: The theft or misappropriation of funds or assets by someone in a position of trust to handle those funds or assets
• Environmental Crimes: Criminal activities that harm the environment
• False Claims Act Violations: Violation of the laws that prohibit the submission of false claims to the government
• Health Care Fraud: Fraud in the healthcare industry, including false billing practices
• Insurance Fraud: Fraud in the insurance industry, including but not limited to, staged car wrecks
• Investment and Securities Fraud: Fraud in the investment and securities industry
• Mail Fraud: Fraud that uses the U.S. mail or other forms of mail delivery to perpetrate the fraud
• Price Fixing: The illegal agreement between businesses to set prices
• Issuing Worthless Checks: The intentional issuing of a check in exchange for anything of value when the issuer knew the checking account did not have sufficient funds to cover the full amount on the check.
• Public Payroll Fraud: The knowing receipt of payment from the State of Louisiana for services not rendered, or allowing one’s name to be used in such a scheme.
• Public Contract Fraud: When a public official or employee “uses his power or position” to direct public funds to himself or a business he owns

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How We Defend White Collar Cases

Most white-collar cases are won or lost long before a jury is seated, which is why our work begins the moment you contact us, ideally before charges are filed.

• Early intervention. If you have received a target letter, grand jury subpoena, or visit from investigators, we step in as your point of contact. Investigators communicate with us rather than you, allowing us to control what information is provided and when.
• Independent review of the numbers. Fraud, embezzlement, and money laundering cases often come down to transactions and financial records. When necessary, we work with forensic accountants and other professionals to examine the government’s loss calculations and determine where the money actually went.
• Challenging intent. Nearly every white-collar offense requires proof that you knowingly intended to deceive or defraud. Sloppy bookkeeping, a failed business, a misunderstanding with a partner, or reliance on advice from an accountant or attorney is not necessarily a crime. We build the record to demonstrate the difference.
• Attacking the evidence. Evidence obtained through an overbroad search warrant, statements taken without proper warnings, or electronic records collected beyond the scope of a subpoena may be subject to suppression. We examine how the evidence was obtained and challenge it when appropriate.
• Negotiation and trial. When a resolution makes sense, we negotiate from a position of strength, seeking reduced charges, pretrial diversion, or sentencing arguments that can help keep you out of prison. When a favorable resolution is not possible, we are prepared to take the case to trial.

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Consequences of White Collar Crimes

White-collar crimes are taken very seriously by the criminal justice system, and individuals who are convicted of these crimes can face severe consequences.

1. Imprisonment: White-collar criminals can face significant prison time, with some sentences lasting many years.
2. Fines: White-collar criminals may also be ordered to pay large fines as part of their sentence.
3. Restitution: White-collar crimes often occur when money or assets are taken from an unwitting victim, thus, those convicted of a white-collar crime will often have to pay a lot in restitution to repay the victim.
4. Probation: White-collar criminals may be placed on probation, some even after their release from prison.
5. Damage to Reputation: A conviction for a white-collar crime can damage an individual’s reputation and make it difficult for them to find employment in the future.

Get Help From a White Colar Crime Defense Lawyer

The world of white-collar criminal defense is a complex and nuanced one, requiring experienced legal professionals who understand the ins and outs of federal charges.

At the Ikerd Law Firm, we have a team, led by Chad Ikerd, that is well-versed in the intricacies of white-collar criminal defense in Lafayette, and is dedicated to providing our clients with the best possible representation in court.

As white-collar crime continues to increase in complexity and reach, it is crucial that those facing federal charges have a legal team that can effectively navigate the legal system on their behalf.

Our entire team has a deep understanding of the federal criminal justice system and is able to provide our clients with the guidance and support they need throughout the legal process.

If you have been accused of a white-collar crime, it is important to take the charges seriously and consult with an experienced criminal defense attorney as soon as possible.

Call the Ikerd  Law Firm today for a free consultation or submit a question on our website and someone will contact you soon.

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Frequently Asked Questions About White Collar Crime Charges in Louisiana

What is the difference between a state and a federal white collar charge in Louisiana?

State charges are brought by the District Attorney under Louisiana law and are heard in state district court, such as the 15th Judicial District Court in Lafayette Parish. Federal charges are brought by the U.S. Attorney, usually after an investigation by the FBI, IRS, Secret Service, or another federal agency, and are heard in federal court, which for Lafayette is the Western District of Louisiana. Federal cases often involve larger dollar amounts, multi-agency investigations, grand juries, and sentencing under the Federal Sentencing Guidelines. The same conduct can sometimes be charged in either system, which is why you need a defense attorney experienced in both state and federal white collar cases.

I received a target letter or federal agents contacted me. What should I do?

Do not answer questions, hand over documents, or delete, move, or alter any records. Politely tell the agents that you want to speak with an attorney, then contact one immediately. A target letter generally means federal prosecutors believe there is substantial evidence connecting you to a crime. Agents appearing at your home or office may also indicate that an investigation is already well underway. Anything you say can potentially be used against you, while destroying or altering records can lead to separate obstruction charges. Early legal representation allows your attorney to communicate with investigators on your behalf and, in some cases, work toward resolving the matter before charges are filed.

Can a white collar case be resolved before charges are filed?

Sometimes. Many white collar investigations continue for months or even years before an indictment, and that period can provide an experienced attorney with an opportunity to influence the outcome. Depending on the circumstances, your lawyer may present evidence explaining the conduct, negotiate the scope of subpoenas and document requests, arrange a proffer or cooperation agreement when appropriate, or persuade prosecutors to decline charges or pursue a lesser offense. The earlier you seek legal counsel, the more options you may have.

What penalties does a white collar conviction carry in Louisiana?

Penalties depend on the specific offense and, in many cases, the amount of money involved. Under Louisiana law, theft and similar offenses are generally graded according to the value involved, with the most serious offenses carrying significant prison sentences. In federal court, the Federal Sentencing Guidelines consider factors such as the amount of loss, number of victims, and the defendant’s role in the offense. A conviction can also result in fines, restitution, asset forfeiture, probation or supervised release, and a permanent felony record.

Will I have to pay restitution or forfeit property if I am convicted?

Possibly. Courts may order restitution to compensate victims for qualifying losses, and prosecutors may also seek forfeiture of money, vehicles, real estate, or business assets they claim were proceeds of an offense or were used to commit it. In federal cases, the government may also seek to freeze certain assets before trial. Challenging the government’s calculation of losses and its forfeiture claims can be an important part of a white collar defense because these issues can affect both sentencing and your financial situation after the case.

How long does the government have to bring white collar charges?

The applicable statute of limitations depends on whether the case is prosecuted under federal or Louisiana law and on the specific offense involved. Many federal offenses have a five-year limitation period, while certain financial crimes have longer periods. Louisiana has its own time limits for state charges, which vary based on the offense. Continuing schemes and conspiracies can also affect when the limitation period begins or ends. Because these rules are highly fact-specific, an attorney should review the relevant dates and circumstances before determining whether a potential charge may be time-barred.