Differences Between State and Federal White-Collar Crime Charges?

Both federal and state prosecutors aggressively pursue white-collar criminal charges because they typically involve high-value fines payable to the Commonwealth or the United States. There is a drastic difference between criminal charges prosecuted in the United States District Court for the District of Pennsylvania and the Lancaster County Criminal Court.

Though you need an experienced Lancaster white-collar defense lawyer from the Law Office of Stephen W. Grosh in either case, federal financial crimes generally involve more serious offenses and resulting penalties. Do not speak to prosecutors or law enforcement. Contact criminal defense lawyer Stephen W. Grosh immediately at (717) 208-4599 or online.

Understanding Overlapping Federal and State White-Collar Investigations and Prosecutions

Federal and state white-collar crimes overlap. This means the same crime may carry penalties in both Pennsylvania and the United States. For example, allegations of bank fraud at PNC Lancaster might carry state penalties under Chapter 41 of Pennsylvania’s criminal code and support federal charges under 18 U.S.C. § 1344.

Generally, federal charges are more serious and may carry mandatory minimum sentences. Federal prosecutors (U.S. attorneys), courts, and law enforcement agencies also have lighter caseloads and more substantial financing than their state counterparts. As such, they often prosecute high-value white-collar crimes or those linked to multi-state criminal enterprises. It can also be more difficult to obtain favorable plea deals in federal court without dedicated federal white-collar defense counsel.

Triggering Federal Jurisdiction in Pennsylvania

Federal law takes precedence over state law if criminal laws conflict, but this does not automatically give the U.S. Attorney’s Office the first right to pursue the case. Federal prosecutors will generally file charges only if the triggering financial crime involves interstate commerce. Examples of federal white-collar crimes with interstate components include the following:

• Wire Fraud (18 U.S.C. § 1343): Requires an interstate phone call or electronic communication in furtherance of a criminal scheme.
• Mail Fraud (18 U.S.C. § 1341): Requires sending mail through the USPS or other interstate carriers as part of the crime.
• Bank Fraud (18 U.S.C. § 1344): Chargeable when the crime involves defrauding a federal chartered or insured bank. Most banks are FDIC-insured.
• Securities and Investment Fraud: Involve various violations of federal securities and investment laws regulating the stock market, which always impacts interstate commerce.

If the crime did not involve a federal or multi-state component, the federal government might not have jurisdiction to prosecute the case. An experienced federal white-collar defense lawyer might argue that any charges should be dismissed for lack of jurisdiction. In cases involving financial crimes, however, any component involving the USPS or FDIC-insured bank generally triggers federal jurisdiction.

Contact an Experienced Lancaster White-Collar Criminal Defense Attorney Immediately

If you’ve been charged with a white-collar crime in Lancaster, contact dedicated criminal defense lawyer Stephen W. Grosh today. Do not take on powerful government agencies and courts alone, especially if you’re facing federal financial crimes charges in U.S. District Court. These charges carry significant fines, forfeiture and restitution requirements, and jail time. Call our office today at (717) 208-4599 or contact us online to schedule a confidential white-collar defense consultation.