White Collar Criminal Defense
Protect your reputation and your freedom. Get a tough white collar crime lawyer behind you.
For a business or a professional person, nothing good comes from a criminal investigation or an actual criminal charge. The sooner you engage an aggressive and seasoned white collar crime lawyer, the better off you will be.
One of the most precious assets is a good reputation, and yours can be damaged or even destroyed very easily by an official criminal inquiry. Without a doubt, allegations of white collar crime will drain resources, both financial and otherwise. Investigations, especially by federal authorities, often last for months and even years. Grand jury subpoenas are always intrusive and may call for disclosure of private information. In addition, demands for testimony or interviews during an investigation require careful analysis before any response is advised. It is important in these circumstances to engage superior legal representation. If you are faced with a criminal inquiry or you smell one coming, call upon Dworken & Bernstein to aggressively protect your personal and professional interests.
If the situation escalates to an actual criminal charge, you’ll need an aggressive courtroom response. To effectively manage a criminal charge, retain a criminal defense attorney with complex litigation experience and the resources to evaluate the evidence and prepare and present a strategic and skillful defense that is likely to succeed.
You’ll find such representation at Dworken & Bernstein. It is critical to be able to trust the judgment and ability of any attorney representing you or your business. Call immediately for a free and completely confidential consultation, so that you can make an appropriate decision.
Criminal Defense Attorney, Jerome Emoff
Noted criminal defense attorney, Jerome Emoff is recognized as one of the outstanding criminal defense attorneys in northeast Ohio. Mr. Emoff has more than 41 years of criminal defense experience including a special focus on matters relating to white-collar crime in both federal and state courts. As a white collar crime lawyer, he has litigated such diverse cases as allegations as mortgage fraud, Medicaid fraud, public corruption by elected officials, improper conduct by physicians, violations of federal regulations by businesses, bribery and extortion by officials of governmental agencies, and many others. In addition, he has represented numerous businesses and professionals in official investigations. Mr. Emoff can be reached by calling Dworken & Bernstein’s main phone number.
Federal Sentencing Guidelines
If you are charged with a crime in Federal Court, you will encounter the Federal Sentencing Guidelines. These guidelines were established in 1987 for the stated purpose of imposing fairness and consistency in federal sentencing practices.
Initially, the Guidelines were mandatory, and a sentencing judge had no choice. However, the United States Supreme Court in United States v. Booker ruled that the Guidelines are only advisory in nature and that a sentencing judge’s decision is ultimately controlled by a requirement that the judge impose a sentence that is sufficient, but not greater than necessary, to comply with specified statutory purposes. The advisory guidelines still, however, inform the judge in making a final determination and provide a reasonable estimate of the eventual sentence. Therefore, understanding how the Guidelines work is critical regardless of one’s stance in terms of a trial.
Every federal crime is assigned an “offense level.”
Each federal crime is assigned an “offense level.” The more serious the crime, the higher the offense level. Each offender is assigned to a “criminal history category” based upon his or her history of prior convictions. A first offender will fare better than someone who has a prior criminal history. The intersection of offense level and criminal history category on a sentencing table reveals a sentencing range in months. Typically, a sentence in Federal Court will be within the range determined by the Guidelines.
The Guidelines provide for numerous enhancements and reductions in offense level. In addition to a “base offense level,” each federal crime has attached to it several “specific offense characteristics.” For example, a money laundering offense might have a base offense level of 8. The greater the amount of money involved, the higher the offense level. If the amount in our example is more than $120,000.00, the offense level is raised by 8. In addition, if the funds were derived from the sale of illegal drugs, 6 more levels are added. What began at level 8 is now at level 22. There are other potential enhancements. Level 22, in the lowest criminal history category, corresponds to a sentencing range of 41 to 51 months in prison.
Reductions in offense level is possible
What about reductions in offense level? Those are available, too. If an offender accepts responsibility for his or her criminal conduct, the offense level can be reduced by 2 – 3 levels. If an offender substantially assists the Government in the prosecution of others, there can be a further reduction in offense level at the Government’s discretion. The Guidelines favor these types of reductions wherein an offender pleads guilty and cooperates against others, and the United States Attorney takes advantage of this process. Since the Booker decision making the Guidelines advisory, sentencing judges in Federal Court enjoy greater freedom in fashioning a reasonable sentence in each case.
These few paragraphs represent a considerable oversimplification of the Federal Sentencing Guidelines. If you are charged in Federal Court, you will need someone who is an expert in deciphering and using these Guidelines to your advantage.
Trust the white collar criminal defense attorneys at Dworken & Bernstein to provide nuanced and aggressive representation.