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HITE COLLAR CRIME

 

San Diego White Collar Crime Lawyer

White collar crime has become more prominent on the national stage in recent years, with corporate scandals and ongoing investigations costing taxpayers millions of dollars. Prosecutors are pursuing white collar offenses more aggressively than ever before, while legislators impose increasingly severe penalties. Without effective legal representation, a white collar charge can have a devastating effect on the accused’s career and future, and lead to a significant prison sentence.

At the California Law Offices of John D. Kirby, A.P.C., we defend against state and federal white collar crime charges. We represent professionals of all types, including politicians, CEOs, CFOs, doctors and health care providers, accountants, financial advisers, insurance agents and fellow lawyers whose careers and futures are jeopardized by these serious criminal charges.

More Than 20 Years of Criminal Law Experience

We believe in face-to-face communication with our clients. When you retain our law firm, you will work directly with John D. Kirby, a Cornell Law School educated attorney with more than 20 years of experience in the field of criminal law. As a former federal criminal prosecutor, he knows the inner workings of law enforcement, including the use of wiretaps, confidential informants, grand juries and search warrants, and how these law enforcement techniques can be used against you. You will benefit from this experience by being able to ask questions without them being filtered through an army of staff. You will receive all necessary information promptly from an attorney as we take the steps necessary to resolve your case.

State and Federal White Collar Crime Defense

We defend against state and federal charges of embezzlement, money laundering and asset forfeiture, as well as all types of business and financial fraud, including:

  • Securities fraud, hedge fund fraud and SEC investigations
  • Real estate and mortgage fraud
  • Tax fraud
  • Insurance fraud
  • Health care and Medicare fraud

We also defend against allegations of public corruption.

 

 

 

 

Allegations of securities fraud, hedge fund fraud, investment fraud, and insider trading, can be particularly challenging because they may involve two prosecuting entities. Of course, state and federal criminal prosecutors may investigate and pursue criminal charges that could lead to incarceration for the accused, if the charges result in a conviction. The securities and Exchange Commission (SEC) may also investigate and file a civil lawsuit against the accused. If successful, this lawsuit can result in treble damages. This means that the accused could be responsible for paying three times the amount that was allegedly gained through the fraud.

 

If you have been accused of insider trading, profiting form a Ponzi scheme, or a similar form of fraud, you want to be represented by a lawyer who understands the nuances of handling a criminal and civil case simultaneously. When you retain our firm, both your criminal and civil case will be handled personally by John D. Kirby, a Cornell Law School educated lawyer and former federal prosecutor with more than 20 years of experience.

 

Our defense strategy begins with trying to shut down the criminal case. Our priority is to keep our client out from behind bards. This means working with criminal prosecutors as early as possible, preferably during the investigation stage. If your client contacts us in time. We will attack the evidence, striving to mitigate or eliminate white collar crime charges.

 

The evidence in the SEC’s civil case will overlap, but the reality of civil lawsuits in that the standard of proof is lower than in criminal cases. Furthermore, the SEC has a very different process. following an investigation, they send a formal letter stating their intention to file a lawsuit. We respond to that letter, beginning a back in forth in which we attack the elements of the case that we do not believe the SEC will be able to meet. We work to prevent the filing of a lawsuit. If it is ultimately filed, we will go to trial as necessary to succeed.

 

At the Law Offices of John D. Kirby, A.P.C., we defend individuals, government officials and government agencies against charges of bribery and other forms of public corruption. Judges, city council members, congressmen and women, and other government employees throughout California turn to our law firm when they are accused of illegally using their positions for financial gain. They turn to our law firm because they know that, when they retain us, they will be represented personally by John D. Kirby, a Cornell Law School educated attorney and former federal criminal prosecutor with more than 20 years of experience.

These cases typically involve government officials allegedly accepting bribes or kickbacks in exchange for granting favor to a contractor, vendor or other entity. These are complex cases that typically begin with an investigation phase. Parties being investigated should retain our services as soon as possible in order for us to mitigate damage to their political careers and to give us every opportunity to fight these white collar crime charges before they are even filed.

Our experience has taught us the importance of adapting quickly to changes in the law. For example, a recent case involving the “Honest Services” statute clarified the applicability of this anti-corruption statute for prosecutors nationwide, allowing them to assert federal charges for alleged bribery schemes. We have adapted our government corruption practice to this significant change in the law, and are prepared to protect your rights.

Defense of Non-Government Entities in Public Corruption Cases

In bribery cases, the government official accused of accepting the bribe is not the only one facing criminal charges. The individual or business that allegedly provided the bribe may also require strong criminal defense representation. We represent contractors, vendors and other parties accused of trying to grease the wheels for their benefit.