State or federal prosecutors may bring multiple charges in white-collar cases when a single investigation uncovers several alleged criminal acts, transactions, communications, or statutory violations.
An alleged wire fraud scheme, for example, may involve multiple emails, bank transfers, or business dealings. Prosecutors may treat each one as a separate count to increase pressure on defendants. The result is often a longer, more complicated indictment that can carry much harsher potential consequences.
If you’re wondering why prosecutors add multiple charges in many white-collar criminal cases, the basics are below.
What Does It Mean When Prosecutors Add Multiple Charges?
Multiple charges in white-collar cases mean the government has broken a single course of conduct into several distinct counts. For instance, a defendant accused of running one fraudulent scheme might face separate counts for wire fraud, mail fraud, money laundering, and conspiracy, even though the underlying circumstances overlap.
Each count carries its own potential sentence. Sentencing guidelines typically calculate potential prison sentences and fines based partly on the number of counts, not just the severity of the alleged conduct.
Why White-Collar Cases Often Lead to Several Counts
Breaking one alleged criminal scheme into many separate counts in white-collar cases (a practice sometimes called charge stacking) serves a strategic purpose for prosecutors. White-collar prosecutions often involve years of financial records, correspondence, and business transactions, which gives prosecutors ample material to divide into individual counts.
The practice of charge stacking in white-collar cases increases defendants’ sentencing exposure and gives prosecutors more leverage during plea negotiations. A defendant facing a dozen or more counts may feel pressured to accept a plea deal rather than risk a lengthy sentence if convicted at trial on every count. The pressure exists whether or not the additional charges reflect distinct criminal allegations.
How a Defense Lawyer May Challenge Overcharging in a White-Collar Case
A knowledgeable defense lawyer can push back against overcharging white-collar offenses in several ways, including by:
- Challenging duplicative counts – A Dallas white-collar criminal defense lawyer may argue that certain charges arise from the same act and should be merged or dismissed under double jeopardy principles.
- Scrutinizing the evidence behind each count – Some counts rest on weaker evidence than others. A defense lawyer can move to dismiss or narrow charges that prosecutors can’t support.
- Negotiating from a position of strength – A criminal defense attorney who knows which counts are vulnerable can use that leverage during plea discussions instead of taking the government’s word at face value.
- Preparing every count for trial – A defense team that takes each count seriously, rather than assuming a plea is inevitable, can put pressure back on the prosecution.
Contact Broden & Mickelsen, LLP, About a Federal White-Collar Case
If prosecutors have brought multiple white-collar charges against you, you need a Dallas white-collar crime lawyer who understands how these legal proceedings unfold.
At Broden & Mickelsen, LLP, partners Clint Broden and Mick Mickelsen bring more than 60 years of combined criminal defense experience to every state and federal defense case they handle. Both attorneys are board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization. The firm handles white-collar criminal cases at every stage, from a grand jury subpoena to formal charges and through plea negotiations, trial, and appeals.
Contact Broden & Mickelsen, LLP, today to discuss your case and learn more about how our firm can challenge a state or federal white-collar prosecution against you.
