Protect Your Rights with Premier White Collar Criminal Defense

 

In the complex web of white-collar law, facing criminal charges can be a life-altering challenge. At the Castaneda Law Firm, we understand the intricacies of financial regulations, corporate laws, and the severe consequences that accompany white-collar offenses.

 

Expert Defense for Complex Crimes

 

We specialize in a range of white-collar crimes, including but not limited to:

  •        Fraud (Securities, Healthcare, Mortgage, and Insurance).

  •        Embezzlement.

  •        Money Laundering.

  •        Insider Trading.

  •       Bribery and Corruption.

  •        Cyber Crimes.

Strategic Legal Counsel Tailored for You

 

Each case is unique, and so is our approach. We provide tailored counsel designed to protect your reputation, assets, and freedom. Our reputation has been built on  thorough investigation, meticulous preparation, and expert negotiation. We work with our financial experts renowned in their fields throughout the world for forensic accounting to develop courtroom-ready financial intelligence to prepare the best defense strategy.

 

We routinely see the United States government overcharging and overcalculating the amount of criminal activity allegedly committed. A correct calculation of loss is imperative to your case as the loss amount is a factor in potential jail time at federal sentencing. An accurate seizure of assets will protect your portfolio; the United States can, and often does, seek to seize any and all assets owned by you, unfairly requiring you to defend the protection of assets. Their attempted asset seizure must be challenged.

 

What is a target letter?

A target letter is a document sent by the United States government to a person who is believed to have committed a crime, or somehow be involved with criminal activity, but has not yet been federally charged with a crime. These should not be ignored. These are frequently sent in white collar criminal cases. This is an opportunity for a “target” to speak with the United States and potentially avoid prosecution. It can also be an opportunity for a target to cooperate and assist the United States government in the prosecution of others; this could result in deferred prosecution, no prosecution, or cooperation to the extent that a target/defendant does not receive any jail time and/or a favorable federal sentence.

 If you have received a target letter, we do not recommend speaking to the United States government before you have spoken and retained legal counsel; your words and actions can be held against you or any cooperation you undertake could later not be considered if not properly documented or authorized.

 

What is “loss?”

As a general rule, “loss” is the amount a target or defendant is being held responsible for through their conduct and activity. Loss can be calculated on all conduct including charged, uncharged and acquitted conducted, and is not limited to the instant offense.

Losses caused by the acts of others can also be included in a loss calculation.

 

Actual Loss

Actual loss is defined as “the reasonably foreseeable pecuniary harm that resulted from the offense.” A defendant can be held responsible for loss even if they did not receive or make any money (no pecuniary gain) from his or her conduct.

 We litigate what is considered “reasonably foreseeable.” There must be a link in the evidence. We make the United States government prove the link or we negotiate that it be excluded from the loss calculation.

 

Intended Loss

Intended loss is defined as “pecuniary harm that the defendant purposely sought to inflict.” The intent of the defendant dictates the amount of loss. It does not matter if victims actually lost funds; if the defendant intended to inflict harm, this amount is utilized to calculate punishment.

We litigate what is considered “intent.” We challenge matters of proof.

Specific Factual Circumstances

Government Programs and Benefits

Fraud involving government programs and benefits typically measures loss by the full value of fraudulent applications and submissions even if a defendant has not attempted to obtain all available funds from each application.

Insurance

Federal courts are split as to whether to calculate the loss amount if a full policy coverage or the actual fraud committed.

 

Fraudulent checks

In cases involving fraudulent or forged checks, federal courts typically use the face value of the actual check to calculate the loss.

 

Real property

In cases involving real estate or tangible property, the courts frequently calculate the actual loss as the proper loss amount because real property can serve as collateral and can be recoverable.

Gain as an Alternative Measure

The United States Sentencing Commission Guidelines instruct the court to “use the gain that resulted from the offense as an alternative measure of loss only if there is a loss, but it reasonably cannot be determined.”

 A court cannot sentence a defendant based on gain, if there is “no loss” as opposed to a loss that cannot be calculated.

 In some instances, a defendant calculating loss for the United States government and the federal courts to consider is beneficial to a defendant.

There are many special rule and enhancements not referenced here, including leadership roles and the number of victims involved, that can impact your federal case and sentence.

 

Estimating Loss

At sentencing, a federal court “need only make a reasonable estimate of the loss.” This means it does not have to be exact for you to be held accountable.

We challenge and require exactness.

 

Courts make this estimate using available information, and a sentencing judge is “entitled to appropriate deference” because of the judge’s unique position to assess the evidence. This means it is difficult to challenge and win at the appellate level if a defendant does not agree with a loss. We create a proper and accurate presentation of loss at sentencing to give the federal judge a full and correct presentation of evidence to consider.

There are many special rule and enhancements not referenced here,

including leadership roles and the number of victims involved,

that can impact your federal case and sentence.

 

Your Case, Our Priority

 

At the Castaneda Law Firm, your case is our priority. We offer discreet, confidential consultations to navigate the sensitive nature of white-collar accusations. Contact us today to safeguard your future and stand with a defense that’s as sophisticated as the charges against you.