Monmouth County White-Collar Crimes Attorney

White-collar investigations often begin months or even years before any arrests are made. Federal and state agencies build these cases methodically, analyzing financial records, emails, and business transactions while targets remain unaware they’re under scrutiny. By the time charges are filed, prosecutors often believe they have an airtight case.

What makes white-collar cases particularly challenging is their complexity. These aren’t crimes with eyewitnesses—they involve financial documents, regulatory violations, and business practices that can be interpreted multiple ways.

Attorney Kristen Epifania has nearly a decade of experience defending professionals, business owners, and executives against white-collar allegations. She understands how these investigations take place and knows your career and livelihood are at stake. You need an attorney who understands the business world as well as the courtroom. Contact us for a confidential consultation.

Forgery (N.J.S.A. 2C:21-1)

This law defines forgery as altering, making, completing, executing, or authenticating any writing with the intent to deceive or injure, or knowing you’re facilitating fraud. This could include falsifying business records, forging legal documents, or even creating counterfeit money.

Many forgery offenses are third-degree crimes (3–5 years; up to $15,000 fine), including writings that are part of an issue of money, securities, postage or revenue stamps, or government-issued documents; other instances may be fourth-degree. Exact grading turns on the type of document involved.

Bad Checks (N.J.S.A. 2C:21-5)

Under New Jersey law, if someone knowingly issues or passes a check knowing it will not be honored by the drawee (the bank), they may be charged with issuing bad checks. The severity of this charge depends on the amount of the check:

• Under $200: Disorderly persons offense.
• $200–$1,000: 4th degree. Up to 18 months in jail. Up to a $10,000 fine.
• $1,000–$75,000: 3rd degree. Between 3 and 5 years in jail. Up to a $15,000 fine.
• $75,000+: 2nd degree. Between 5 and 10 years in jail. Up to a $150,000 fine.

Theft by Failure to Make Disposition (N.J.S.A. 2C:20-9) (Embezzlement)

In New Jersey, embezzlement is categorized as “theft by failure to make required use of property received.” In simpler terms, it happens when someone entrusted with managing another party’s money or property misappropriates all or part of that money or property for personal gain.

The severity of an embezzlement charge in New Jersey depends on the value of the property involved. New Jersey treats ‘embezzlement’ as theft by failure to make the required disposition. Grading follows the general theft statute:

• Less than $200 (disorderly persons offense)
• $200–$500 (4th degree)
• $500–$75,000 (3rd degree)
• $75,000+ (2nd degree)

Identity Theft (N.J.S.A. 2C:21-17a)

Identity theft (wrongful impersonation) involves impersonating another individual or using another’s personal information without their consent for personal gain or to injure or defraud another person. This could include using someone else’s credit card information, Social Security number, or other personal data.

Identity theft is graded by the amount involved and/or the number of victims:

• Fourth-degree: below $500 and 1 victim
• Third-degree: $500–$75,000 or 2–4 victims
• Second-degree: $75,000+ or 5+ victims

Money Laundering (N.J.S.A. 2C:21-25)

Money laundering involves property known or to which a reasonable person would believe to be derived from criminal activity. This is often done through complex transactions that make it difficult to trace the source of the funds.

Money laundering in New Jersey is graded by amount:

• Less than $75,000: third degree (3–5 years)
• $75,000–$499,999: second degree; (5–10 years)
• $500,000+: first degree; (10–20 years)

⇒ In addition to ordinary degree-based fines, courts may impose a money-laundering-specific penalty up to $500,000 (and certain additional assessments), which can exceed the general fine caps.

Common White-Collar Crime Defenses

Every case is different, and the best defenses depend on the circumstances of your situation. However, there are several common defenses that can be effective in white-collar crime cases:

Lack of Intent

Many white-collar crimes require proof of intent—that is, the prosecution must show that the defendant intentionally committed the illegal act. If it can be demonstrated that they did not have the necessary intent, this could lead to a dismissal or reduction of charges.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you committed the crime. This is a high standard, and often there can be gaps or weaknesses in the evidence. Our team thoroughly examines all evidence and challenges any that is unreliable, incomplete, or obtained illegally.

Duress or Coercion

If the person accused of a white-collar crime was forced or threatened into committing a crime against their will, this could serve as a valid defense. However, proving duress can be challenging and typically requires substantial evidence.

Lack of Knowledge

In some cases, it may be possible to argue that the defendant was unaware of the illegal activity. This defense is often used in cases involving complex financial transactions where it can be difficult for the prosecution to prove who had knowledge of what.

Remember: the best defense strategy for your case will depend on the nature of the charges against you. Our team will work closely with you to develop a personalized strategy to achieve the best possible outcome.

Contact Us for a Free Consultation

If you’re facing white-collar crime charges, it’s crucial to act quickly. The sooner you get legal advice, the better your chances of building a strong defense. Experienced criminal defense attorney Kristen Epifania is ready to help and build a strategy for your day in court. Contact us today for a free consultation.