James Hopkins Full EP 3
Evan Mack: Welcome to Reasonable Doubt.
James Hopkins: James Hopkins for the defense.
Evan Mack: Welcome back to Reasonable Doubt. James Hopkins for the defense. James Hopkins is a top tier criminal defense attorney with over 30 years of experience in cases homicide, drug crimes, embezzlement. Earning a spot among the top 100 trial lawyers. An expert in forensic DNA evidence and a fierce advocate, Hopkins delivers strategic, high impact defense for every client. I'm Evan Mack and this is High Stakes navigating New York's white collar crime landscape. James. Sir. Welcome back.
James Hopkins: Thank you.
Evan Mack: Let's get into, let's get into. This is interesting stuff. What types of white collar crimes do you encounter most frequently in your practice?
James Hopkins: Well, there's, there are obviously there's all kinds of charges that can, can result. Right now I'm working on like a ah, fairly high stakes embezzlement case, from from a senior ah, employee of a company. But it ranges from forgeries to to embezzlement to you know, you know, counterfeiting, bank fraud. There's all kinds of of things that that cut come under the the ambit of white collar crime. generally speaking it has to do with theft from an employer. that's probably the most common that I come across. There's, there's also theft of government benefits, falsely stating like people are injured, on the job for instance, and collecting workers comp benefits while otherwise working. there's a number of different areas that come under that rubric.
Evan Mack: How do you define white collar crime and how does it differ from other types of crime?
James Hopkins: Well, it's non violent by its nature. and it usually involves somebody inside an organization. You know, there could be fraudulent applications for loans. There could be there, there could be false statements on government, government forms. there's a lot of different, you know, areas that you know, could trigger a criminal investigation. but white collar usually involves monetary loss, not, not physical threats or you know, or physical harm.
Evan Mack: So what are the most common concerns your clients have when facing white collar charges?
James Hopkins: Well, these are usually people who are employed who are who are, you know, otherwise upstanding members of society. They may have you know, oftentimes there's a substance abuse issue behind some of these thefts. there was you know, that, that you know, they, they mismanage money to which they've been entrusted. There are unfortunately some attorneys who have misappropriated client funds and find themselves, you know, criminally charged here. and you know, it's, it's usually because of financial pressures, in their life or substance abuse or know or both.
Evan Mack: What are some common misconceptions about a white collar crime that, that you encounter?
James Hopkins: The, you know, prosecutor is going to treat them as, you know, somebody who's otherwise entitled to status in society. They can find themselves staring down at a state prison sentence. And it's you know, it's not like the guy who's who's busted every other week for you know, for you know, selling dope on the corner. These are people that, you know, really have never had, the experience of having handcuffs put on them. And it's a very, very much a shock to the system. it doesn't excuse it. I'm not suggesting otherwise. But you know, they have to realize that they're in, you know, in real trouble and they need representation, you know, very quickly.
Evan Mack: When, when you, when you take on a white collar crime case, what are your initial steps? Developing a defense strategy.
James Hopkins: Each case is different obviously, but you know, a lot of times companies lose money and they put the blame on a specific employee. and it's not necessarily accurate to do that. Sometimes it's simply sloppy accounting, that needs to be, to be investigated. and other times, you know, some check writer is going to be facing, you know, you know, is going to be the patsy for, you know, for the purpose. People who are running the company who are actually, you know, siphoning off money. so it depends on the circumstances. And there are some people that you know, engage in theft. You know, that's unfortunate but, you know, that's the case. I try to like, understand the circumstances of the individual case. The the person's role at the company or at the government agency or wherever, you know, wherever we're investigating and and try to understand
00:05:00
James Hopkins: any motivations, any, any defenses. you know, in, in forgery cases, you know, the there are, you know, handwriting and analysts that you know, you know, that are simply wrong. I had, I had a case a couple years ago where ah, a guy's signature, he was an artist and his and his signature was never the same, you know, in any, you know, any two, you know, documents. the prosecutor, tried to pin some sort of ah, fraud on the wife, saying that she was taking the money that you know, to which she was not. Entitled, when in fact, not only was it his signature, but even if it hadn't been, she had power of attorney. So it was, you know, kind of a, you know, a, ah, ridiculous, you know, set of circumstances. But she was facing felony charges. So it's the kind of thing that need to be. Needs to be, investigated and. And defended.
Evan Mack: How does the legal landscape in New York specifically impact white collar crime cases?
James Hopkins: What's in the news right now is certainly, impactful. we have, government officials who are charged with mortgage fraud. that kind of raises the you know, the recognition, factor that. That there could be other things. You know, I remember a few years ago, this was not my case, but it was a colleague of mine. you know, he had, you know, one of those credit card offers where you self report your income and he overstated his income. And one day the the. The The bank did a check. He had never missed a payment. He had never, you know, there was no problem. But, you know, they charged him with offering a false instrument for filing. And because his income did not match what he put in the in the writing and he was prosecuted. Now my colleague was able to resolve that successfully. But that's the kind of thing that you don't often think about. you just kind of dash off, you know, one of those, credit card offers you get in the mail and don't, think twice about it.
Evan Mack: So m. So James, what role do federal agencies, you know, sec, FBI pay. Pay in the play in these white collar crime investigations in New York City?
James Hopkins: Well, the, you know, the FBI handles the. The federal investigations on it. the SEC clearly, you know, has a big role. I you know, here in Syracuse, New York, we don't have a lot of interaction with the sec. my daughter used to, because she was down in Manhattan and she did that all the time. she's with a big firm down there. But, you know, there. There are sec. But again, that's a very, very small part of my particular practice. so, now in federal court, there have been, you know, I, I appeared in, in other states, in other, you know, in other jurisdictions in here on behalf of, companies, that were investigating widespread, alleged, fraud. and I know, a few years ago there was one, down in New Jersey that. In federal court down in New Jersey that That was simply a misunderstanding of my guy's role in the company. But it looked bad for him. He was being prosecuted for, you know, for millions of dollars worth of misappropriated funds.
Evan Mack: Wow.
James Hopkins: and it turns out that, you know, he was just a small, you know, piece of a much larger puzzle. And we, were able to, to establish that. So.
Evan Mack: So James, can you. Can you walk us through a particularly challenging case you've handled and the strategies you implemented?
James Hopkins: Well, that one I just mentioned, was, you know, they were talking about millions of dollars worth of diverted funds.
Evan Mack: Yeah.
James Hopkins: And, He held a managerial position, but not to the extent that the prosecutors believed that he did. And the actual owners of the, of the company, the people who had the, you know, the CEO titles and the, you know, and the CFO titles and those people, they were kind trying to, you know, play it off on. On this guy. And And at first glance it looked like he was the guy who was making the, you know, the. The calls. But we were able to, to sit down with the federal authorities down there and explain our. Ourselves. And he He did get, a small slap on the wrist, but, for being a little bit stupid, about this, but he was able to. To get on with his life.
Evan Mack: How do you. How do you build a rapport with clients who may be anxious or fearful about the charges they face or may be facing?
James Hopkins: Well, I like to think that I, have empathy for other people. I try to put myself in, in their, shoes. you know, I, I recognize that, you know, some people just simply made a mistake or more often they just got in over their head and then they don't know what, you know, how to get out of it. And they start digging a hole deeper and deeper. And you know,
00:10:00
James Hopkins: at some point the first, you know, order businesses stop digging. You know, we got to start making a, concerted, effort to you know, to minimize the damage and try to get them into, Try to get the, Get him back on track.
Evan Mack: James. Sir. Appreciate you.
James Hopkins: Thank you. Appreciate the time.
Evan Mack: All right guys, and thank you for listening to Reasonable Doubt. James Hopkins for the defense. You can connect with james@james hopkinslawfirm.com don't forget to like, subscribe. Follow Leave a review of the show. We love having you a part of our community. Thank you so much and we will see you next time.
James Hopkins: Thanks for watching.
Evan Mack: Be sure to hit that like and.
James Hopkins: Subscribe button and leave us a review in the comments.
00:10:48
Evan Mack: Welcome to Reasonable Doubt.
James Hopkins: James Hopkins for the defense.
Evan Mack: Welcome back to Reasonable Doubt. James Hopkins for the defense. James Hopkins is a top tier criminal defense attorney with over 30 years of experience in cases homicide, drug crimes, embezzlement. Earning a spot among the top 100 trial lawyers. An expert in forensic DNA evidence and a fierce advocate, Hopkins delivers strategic, high impact defense for every client. I'm Evan Mack and this is High Stakes navigating New York's white collar crime landscape. James. Sir. Welcome back.
James Hopkins: Thank you.
Evan Mack: Let's get into, let's get into. This is interesting stuff. What types of white collar crimes do you encounter most frequently in your practice?
James Hopkins: Well, there's, there are obviously there's all kinds of charges that can, can result. Right now I'm working on like a ah, fairly high stakes embezzlement case, from from a senior ah, employee of a company. But it ranges from forgeries to to embezzlement to you know, you know, counterfeiting, bank fraud. There's all kinds of of things that that cut come under the the ambit of white collar crime. generally speaking it has to do with theft from an employer. that's probably the most common that I come across. There's, there's also theft of government benefits, falsely stating like people are injured, on the job for instance, and collecting workers comp benefits while otherwise working. there's a number of different areas that come under that rubric.
Evan Mack: How do you define white collar crime and how does it differ from other types of crime?
James Hopkins: Well, it's non violent by its nature. and it usually involves somebody inside an organization. You know, there could be fraudulent applications for loans. There could be there, there could be false statements on government, government forms. there's a lot of different, you know, areas that you know, could trigger a criminal investigation. but white collar usually involves monetary loss, not, not physical threats or you know, or physical harm.
Evan Mack: So what are the most common concerns your clients have when facing white collar charges?
James Hopkins: Well, these are usually people who are employed who are who are, you know, otherwise upstanding members of society. They may have you know, oftentimes there's a substance abuse issue behind some of these thefts. there was you know, that, that you know, they, they mismanage money to which they've been entrusted. There are unfortunately some attorneys who have misappropriated client funds and find themselves, you know, criminally charged here. and you know, it's, it's usually because of financial pressures, in their life or substance abuse or know or both.
Evan Mack: What are some common misconceptions about a white collar crime that, that you encounter?
James Hopkins: The, you know, prosecutor is going to treat them as, you know, somebody who's otherwise entitled to status in society. They can find themselves staring down at a state prison sentence. And it's you know, it's not like the guy who's who's busted every other week for you know, for you know, selling dope on the corner. These are people that, you know, really have never had, the experience of having handcuffs put on them. And it's a very, very much a shock to the system. it doesn't excuse it. I'm not suggesting otherwise. But you know, they have to realize that they're in, you know, in real trouble and they need representation, you know, very quickly.
Evan Mack: When, when you, when you take on a white collar crime case, what are your initial steps? Developing a defense strategy.
James Hopkins: Each case is different obviously, but you know, a lot of times companies lose money and they put the blame on a specific employee. and it's not necessarily accurate to do that. Sometimes it's simply sloppy accounting, that needs to be, to be investigated. and other times, you know, some check writer is going to be facing, you know, you know, is going to be the patsy for, you know, for the purpose. People who are running the company who are actually, you know, siphoning off money. so it depends on the circumstances. And there are some people that you know, engage in theft. You know, that's unfortunate but, you know, that's the case. I try to like, understand the circumstances of the individual case. The the person's role at the company or at the government agency or wherever, you know, wherever we're investigating and and try to understand
00:05:00
James Hopkins: any motivations, any, any defenses. you know, in, in forgery cases, you know, the there are, you know, handwriting and analysts that you know, you know, that are simply wrong. I had, I had a case a couple years ago where ah, a guy's signature, he was an artist and his and his signature was never the same, you know, in any, you know, any two, you know, documents. the prosecutor, tried to pin some sort of ah, fraud on the wife, saying that she was taking the money that you know, to which she was not. Entitled, when in fact, not only was it his signature, but even if it hadn't been, she had power of attorney. So it was, you know, kind of a, you know, a, ah, ridiculous, you know, set of circumstances. But she was facing felony charges. So it's the kind of thing that need to be. Needs to be, investigated and. And defended.
Evan Mack: How does the legal landscape in New York specifically impact white collar crime cases?
James Hopkins: What's in the news right now is certainly, impactful. we have, government officials who are charged with mortgage fraud. that kind of raises the you know, the recognition, factor that. That there could be other things. You know, I remember a few years ago, this was not my case, but it was a colleague of mine. you know, he had, you know, one of those credit card offers where you self report your income and he overstated his income. And one day the the. The The bank did a check. He had never missed a payment. He had never, you know, there was no problem. But, you know, they charged him with offering a false instrument for filing. And because his income did not match what he put in the in the writing and he was prosecuted. Now my colleague was able to resolve that successfully. But that's the kind of thing that you don't often think about. you just kind of dash off, you know, one of those, credit card offers you get in the mail and don't, think twice about it.
Evan Mack: So m. So James, what role do federal agencies, you know, sec, FBI pay. Pay in the play in these white collar crime investigations in New York City?
James Hopkins: Well, the, you know, the FBI handles the. The federal investigations on it. the SEC clearly, you know, has a big role. I you know, here in Syracuse, New York, we don't have a lot of interaction with the sec. my daughter used to, because she was down in Manhattan and she did that all the time. she's with a big firm down there. But, you know, there. There are sec. But again, that's a very, very small part of my particular practice. so, now in federal court, there have been, you know, I, I appeared in, in other states, in other, you know, in other jurisdictions in here on behalf of, companies, that were investigating widespread, alleged, fraud. and I know, a few years ago there was one, down in New Jersey that. In federal court down in New Jersey that That was simply a misunderstanding of my guy's role in the company. But it looked bad for him. He was being prosecuted for, you know, for millions of dollars worth of misappropriated funds.
Evan Mack: Wow.
James Hopkins: and it turns out that, you know, he was just a small, you know, piece of a much larger puzzle. And we, were able to, to establish that. So.
Evan Mack: So James, can you. Can you walk us through a particularly challenging case you've handled and the strategies you implemented?
James Hopkins: Well, that one I just mentioned, was, you know, they were talking about millions of dollars worth of diverted funds.
Evan Mack: Yeah.
James Hopkins: And, He held a managerial position, but not to the extent that the prosecutors believed that he did. And the actual owners of the, of the company, the people who had the, you know, the CEO titles and the, you know, and the CFO titles and those people, they were kind trying to, you know, play it off on. On this guy. And And at first glance it looked like he was the guy who was making the, you know, the. The calls. But we were able to, to sit down with the federal authorities down there and explain our. Ourselves. And he He did get, a small slap on the wrist, but, for being a little bit stupid, about this, but he was able to. To get on with his life.
Evan Mack: How do you. How do you build a rapport with clients who may be anxious or fearful about the charges they face or may be facing?
James Hopkins: Well, I like to think that I, have empathy for other people. I try to put myself in, in their, shoes. you know, I, I recognize that, you know, some people just simply made a mistake or more often they just got in over their head and then they don't know what, you know, how to get out of it. And they start digging a hole deeper and deeper. And you know,
00:10:00
James Hopkins: at some point the first, you know, order businesses stop digging. You know, we got to start making a, concerted, effort to you know, to minimize the damage and try to get them into, Try to get the, Get him back on track.
Evan Mack: James. Sir. Appreciate you.
James Hopkins: Thank you. Appreciate the time.
Evan Mack: All right guys, and thank you for listening to Reasonable Doubt. James Hopkins for the defense. You can connect with james@james hopkinslawfirm.com don't forget to like, subscribe. Follow Leave a review of the show. We love having you a part of our community. Thank you so much and we will see you next time.
James Hopkins: Thanks for watching.
Evan Mack: Be sure to hit that like and.
James Hopkins: Subscribe button and leave us a review in the comments.
00:10:48
