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White Collar Crimes

Civil Consequences of White Collar Crime

A prosecution for a white collar crime can lead to more than criminal penalties. Many white collar offenses may give rise to civil lawsuits, brought either by the federal or state government, or by the victims of the offense. Any civil liability imposed as a result of these suits is in addition to, and not a substitute for, the penalties imposed in the criminal case. An experienced white collar crime attorney can give specific advice on the possible civil liability in a particular case.

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The Civil Case

A civil case is different from a criminal case, even if the two cases are based on the same set of facts. Unlike a criminal case, a civil case does not have to be proven beyond a reasonable doubt. The standard for a civil case is a lower one-in most states, the courts require a civil case to be proven by a "preponderance of the evidence." This means that you may be found liable, even if the jury has some doubts about your guilt. If you have been convicted of the crime that leads to the civil suit, the fact of your conviction alone may be enough evidence to impose civil liability on you.

In addition, the rights you have come to expect in criminal cases do not apply in civil cases. You have no right to remain silent, which means the other side may be able to force you to testify, even if testifying would harm you or your case. You also have no right to have an attorney appointed for you if you cannot afford to hire one on your own.

An experienced criminal defense attorney is best able to advise you regarding any potential civil liability.

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Civil Liability

A civil case that arises out of a white collar criminal prosecution could be brought by the government, by the victims of the crime, or by both.

A civil action brought by the government might seek disgorgement, or turning over to the government, of any profits made because of the crime, restitution, or repayment, to the victims of the offense, or other damages that may be provided by law. In some cases, the government may be able to seek asset forfeiture, which means that anything purchased with the proceeds of the offense would be seized by the government, and sold at auction.

Victims of a white collar crime may choose to bring their own civil actions. These actions would seek to recover for any financial losses suffered because of the offense.

Conclusion

The potential for civil liability is an added, troublesome factor to consider when preparing to defend a white collar criminal prosecution. It is important to consult an experienced criminal defense attorney to learn more about potential civil liability.

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