How Do Federal and State Laws Differ in Prosecuting White Collar Crime Cases?

When people think of white-collar crimes, they usually think of the FBI and other federal law enforcement, but any good white-collar crime defense lawyer can tell you that there are also state laws against various types of white-collar crime, and it is always wise to work with a defense attorney who has experience in defending clients against federal as well as state charges.

How Do Federal and State Laws Differ in Prosecuting White-Collar Crime Cases? A White-Collar Crime Defense Lawyer Explains

If a person violates the laws of a particular state, for example Texas, they may be tried in that state's court for a state offense. In addition, if the white-collar crime took place specifically against a state entity or by a business who conducts all its business solely within that state, the state may be the one to prosecute.

There are two reasons, however, that it is more common for federal entities to bring charges in these cases. First, crimes can be prosecuted at the federal level when they cross state lines, when they involve the banking system generally, or when they involve a federal agency even if everything related to the crime took place in one state. And considering how many businesses operate not just nationwide but sometimes even worldwide, it's not surprising that many white-collar crimes fall under federal jurisdiction.

For these reasons, it's absolutely imperative to work with a defense lawyer who not only knows the laws of your state inside and out but also has federal experience. Visit this page to get help from experienced lawyers in Texas with extensive federal experience.

Charging As Both

In some cases, a person may be charged with both a state and a federal crime because the fraud violated both state and federal law. While this does technically mean that you could face penalties from both, in many cases, states choose to allow the federal government to prosecute. Federal penalties are often much more severe than state penalties, and this is often an incentive for the states to back off and allow the federal government to take the case, which, if it is won, will more severely punish the offender as well as save the state the money of prosecuting.

Work With a Lawyer

All of this is general information. The truth is, it's impossible to say what a specific situation will be like without knowing the details. If you've been accused of a white-collar crime, it's very important to contact a lawyer as soon as possible. The faster that your lawyers can get to work protecting you and building your defense, the more likely you are to have a positive outcome.

If you've been accused by the state or federal governments, don't hesitate. Contact an experienced attorney as quickly as you can to protect yourself no matter who is bringing the charges.

Prosecution Strategy

Federal: Federal prosecutors often focus on building a comprehensive case with extensive documentation and expert testimony. They may target high-profile cases or those with significant public interest, and often aim for deterrence.

State: State prosecutions may focus on quicker resolutions, particularly in cases with lower financial stakes or fewer victims. States may also pursue cases that are less likely to attract federal attention.

Conclusion

In summary, federal and state laws differ in their approach to prosecuting white-collar crimes due to jurisdictional boundaries, the scope and complexity of the laws, available resources, and potential penalties. Federal cases tend to be more extensive and carry harsher consequences, while state cases may be more localized with varying degrees of severity.