White Collar
Criminal Defense
Because of the continuing growth of scandals in both government
and financial institutions, white collar criminal defense
has become a popular area of the law for lawyers to hold themselves
out as practitioners. Dale Morrison began practicing in the
white collar area concerning tax fraud in 1978. Today, white
collar crime generally includes most any business crime, including
but not limited to:
- Accounting Fraud
- Bank and Financial Fraud
- Bribery
- Conversion and Misappropriation of Money and Personal Property
- Corporate Fraud or Malfeasance
- Counterfeiting
- Embezzlement
- Forgery
- Health Care Fraud
- Insurance Fraud
- Larceny by an Employee
- Medicaid or Medicare Fraud
- Money Laundering
- Mortgage Fraud
- Ponzi Schemes
- Public Official Corruption
- Securities and Investment Fraud
- Tax Fraud/Evasion
- Wire Fraud
White Collar Crime, usually under a claim of fraud, is often prosecuted in civil litigation by the victims against the would-be perpetrators. We represent both Plaintiffs and Defendants in this form of civil litigation. It is further addressed in the Civil Litigation section of this website
It is important in White Collar Criminal Defense that the
client, who believes there is exposure to being charged
with a white collar crime, meet and discuss the matter at
an early stage with an experienced attorney. Often, early
intervention and representation by an attorney can avoid
or mitigate the potential criminal exposure to the client.
Additionally, where the client believes that he/she is guilty
of a crime and will be prosecuted for the crime, both Federal
and State Sentencing Guidelines account for a Defendant’s
cooperation and early admission of wrongdoing. If you have
a White Collar Criminal Defense matter in which you believe
we can assist you, please contact Dale Morrison
at (704) 375-6788.
Typically, meeting early with a client requires an extensive debriefing of the events that cause the client’s concern. This meeting is necessary to understand the potential exposure and to evaluate the best course of action to pursue in order to determine the best defense. It is also very important for the client to be able to discuss openly and with candor the client’s knowledge of facts surrounding any potential or actual charges. It is common for law enforcement investigators to work with a client who has potential or pending charges. If you are concerned about potential liability to criminal charges or have pending criminal charges against you, please call (704) 375-6788 to arrange for a consultation with Dale Morrison without charge
Civil Litigation
Civil Litigation can cover many areas. Today, Dale Morrison
largely restricts his Civil Litigation practice to contract
issues, business disputes, commercial claims, shareholder
and partnership disputes, white collar fraud, personal injury
and other similar matters. Presently, all civil litigation
in the North Carolina Superior Court and the United States
District Courts require the parties before trial to participate
in Mediation. The purpose of Mediation is to give the parties
with their attorneys a last opportunity to work out their
differences through the use of a neutral party. If the Mediation
is not successful the parties then proceed to trial. If
you have a civil litigation matter which you believe requires
legal representation, please contact Dale Morrison
at (704) 375-6788.
Contract Issues generally involve an agreement which is in dispute. Often businesses attempt to enforce the contract against a party by specific performance of its terms or to avoid having to perform the terms in a contract. Dale has represented clients in contract disputes involving large sums of money or other valuable property rights. If a contract contains an arbitration clause, the parties may be required to attend and participate in Arbitration in order to resolve the dispute. Dale Morrison has many years arbitration experience, including an arbitration trial which lasted seven (7) weeks.
Business Disputes, Commercial Claims, Shareholder and
Partnership Disputes can be related or very distinct.
Examples of business disputes include claims involving collection,
product defect or non-conformity, loss of key employees
by a competitor, wrongful conversion of assets such as customer
lists and proprietary information. Other disputes and claims
may involve non-competition clauses, conversion of assets,
wrongful transfer of assets, or other matters where the
claim of misrepresentation or fraud is raised. In these
instances, the party bringing the action will usually allege
an unfair and deceptive trade practice claim, as well. Over
the years, Dale Morrison has represented both Plaintiffs
and Defendants in these types of cases. In partnerships
and closely held corporations, including limited liability
companies, there are often deadlocks between the owners.
Additionally, the proper management and good faith duties
of the officers, managers and directors may be important
factors to consider. Dale Morrison has provided representation
to management of partnerships, closely held corporations
and limited liability companies, as well as representation
to shareholders, members and partners. Break-ups of business
entities such a limited partnerships, general partnerships,
limited liability companies and corporations, require careful
consideration of not only the result and effect upon the
investments of the owners and the business of the entity,
but it entails insuring that fiduciary duties are performed
and that the risks, liabilities or exposures are understood
before acceptance. If you have a businessl matter and are
in need of legal assistance, please contact Dale
Morrison at (704) 375-6788.
Civil White Collar Fraud often arises out of a White Collar Criminal case. Victims often seek to recover their losses caused by the alleged Defendants. Dale Morrison has experience representing both victims and Defendants on many occasions. White Collar Fraud cases are often not accepted by criminal prosecutors and can only be pursued by the Plaintiff victim through civil litigation. These cases tend to be difficult and require extensive time and effort in either prosecuting or defending. Areas such as conversion of estate assets, breach of fiduciary duties, fraud, misrepresentation, mortgage fraud, conversion of money, personal property or other assets are examples of civil white collar litigation. If you have a matter concerning White Collar Fraud, please contact Dale Morrison at (704) 375-6788.
Personal Injury. Dale Morrison accepts cases concerning automobile accidents and other serious personal injuries. Generally, personal injury is caused by the negligence of another. If you believe that you have suffered serious personal injury as a result of the omissions or wrongful conduct of another, please contact Dale Morrison at (704) 375-6788 for a free consultation.
Estate
and Trust Litigation
Estate and Trust Litigation is a rapidly growing
area of the law due to our aging population. The competence
of the Testator/Testatrix or Grantor of the Will or Trust
is often disputed. Undue influence is often raised as a
reason that a Will was changed. Examples of such a change
can include, removing one or more beneficiaries or adding
one or more beneficiaries shortly before the death of the
Testator/Testatrix or Grantor. The attack upon a Will is
referred to as a caveat of the Will. Dale Morrison has been
involved in Will Caveats as well as other disputes and litigation
involving Wills and Trusts. Other examples of Wills and
Trusts issues include the intentional waste of estate assets,
loss or destruction of a Will or Trust instrument, the questionable
competence of the Testator or Grantor, or breach of fiduciary
duties. Dale Morrison has many years of experience in representing
clients in estate and trust matters. If you have an Estate,
Will or Trust issue, please contact Dale Morrison
at (704) 375-6788.
Business and Corporate Transactions
Dale Morrison has drawn numerous contracts, Bills of Sale,
Corporate Charters, Organizational Minutes, Articles of Organization,
Bylaws, Shareholders and Board of Directors Minutes/Resolutions,
Operating Agreements, Partnership Agreements and other documents
associated in the formation and continuation of business entities.
In addition, Dale Morrison will review business and transactional
documents for clients including but not limited to buy/sell
agreements, employment contracts, options to purchase, leases
and other business instruments that will effect the obligations,
duties, rights and remedies of his clients. Dale will form
and advise new partnerships, limited liability companies and
corporations. Dale has found that the experience he gained
in performing business/corporate work transcends to a broader
understanding of his trial practice. In turn, his trial practice
keeps him alert and well informed as to issues that may arise
in the drafting or reviewing business, corporate and legal
documents.
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