White collar criminal proceedings are often complex and multifold: not only can the same underlying crime be tried in both state court and federal court, but it can give rise to criminal, civil, and administrative proceedings.
Is the prosecution handled by the state or federal government?
White collar crimes can be prosecuted at either the state or federal level or both. Usually, the federal government prosecutes the most complex white collar crimes. Federal white collar crimes are brought into the federal justice system based upon the Commerce Clause of the United States Constitution, which enables Congress to regulate interstate commerce.
Can there be multiple proceedings against me for the same underlying crime?
In addition, it’s possible for parallel proceedings to be brought against a white collar defendant on several fronts for the same underlying crime: a criminal case brought by the state or federal prosecutors, a civil action brought by the victim of white collar crime, and administrative proceeding within a regulatory agency. The reason for this is so that the government may achieve multiple objectives at once: (1) punishing the criminal defendant for the crime; (2) allowing the victim to recover damages or get injunctive relief; and (3) protecting the public from harm.
If you’ve been charged with a white collar crime, San Francisco white collar criminal attorney Christopher Morales may be able to provide you with the effective legal representation that you need. For a free initial consultation, fill out the form on this page.