Is Physical Violence Considered White Collar Crime?

Oftentimes, people equate crimes with physical violence. Wherever a blood is shed, a crime must have been committed. This is the reason why most people are more shocked when people belonging to the high society and are holding respectable positions in companies are tagged as criminals. What makes it more unbelievable is the fact that the crimes they have committed were so cunningly done that most people did not notice it until it was too late.

Such cases are what is known as white collar crimes. Consequently, the people involved are called white collar criminals.

White collar crimes is the term given by Edwin Sutherland in order to describe those kinds of crimes committed by a person respected by everyone and of high social status during the course of his work. This oftentimes overlaps with corporate crimes and includes, but not limited to, fraud, bribery, embezzlement, internet crimes, identity theft, and forgery.

As opposed to white collar crimes, blue collar crimes are those that are committed by people who belong to the lower social class. Murder, arson, burglary, theft, assault, rape, and vandalism as well as physical violence are considered to be blue collar crimes. In contrast with white collar crimes, blue collar crimes tend to be reported immediately.

One white collar criminal who has achieved both fame and notoriety is Michael Sabo. He is currently working as a security fraud consultant and speaker, a position which he was able to secure because of his track record as a great impostor as well as a world-class stocks and bonds forger. During his crime spree, he was able to get his hands on about 5 million US dollars.

Currently, of all the white collar crimes, it is mortgage fraud that has proven to be prevalent. This was basically brought about by the financial meltdown that has impacted the real estate industry. Several laws have been enacted in order to put a rest to this kind of crime, one of which is the Fraud Enforcement and Recovery Act of 2009 (FERA). The said federal law was enacted in May 2009 and provided for, among others, additional funds to numerous government agencies. FERA has also increased the length of jail time for convicted mortgage fraud criminals to about 30 years with fines of up to a million dollars. It has also change the statute of limitations for mortgage fraud to five to ten years. Aside from FERA, each state also has its own set of penalties and fines for people charged with mortgage fraud.

Other penalties for mortgage fraud as well as other white collar crimes include asset forfeiture, restitution or repayment, and jail time of three to five years or more depending on the gravity of the case.

If ever you find yourself on the receiving end of a lawsuit concerning any type of crime while you are in Arizona, your best bet would be to find Arizona Criminal Attorney or a Phoenix Criminal Attorney, if you are within the said city. These lawyers and attorneys are more knowledgeable about the different state laws concerning your case.

What is Considered White Collar Crime?

A businessman or woman who committed a crime on the business is guilty of a White Collar Crime. This type of crime would include:

o Embezzlement

o Fraud

o Stealing of funds in the company

One philosophy in the US Judiciary System where the punishment of these crimes revolves is the philosophy of Edwin Sutherland who stated that people are most likely going to commit a crime when they are surrounded by people who exhibit criminal behaviors. It is less likely that a white collar criminal will commit another crime and the punishment for such crime is to a lesser extent compared to crimes committed with violence.

White Collar Crimes are being defined as the crime committed by a person at a specific socio-economic status. The greatest factor in committing the crime is the origin of the person involved, which are most likely the people from the middle or upper class. This is very much the opposite of a crime committed with violence.

More often than not, it is believed that these crimes are less punishable than most crimes involving violence . However, embezzlement and stealing of the company funds may result to an eventual harmful effect to many people involved. If for example the fund that was stolen can never be recovered, it will lead to the suffering of the people who depend solely on the funds for their living and the white collar criminal technically stole the money of these people. In this case, the white collar criminal has inflicted more harm than the crime committed by a mugger. But, in reality, the mugger will receive more rigid punishment than the white collar criminal.

The fact that the white collar crime is committed by persons who belong to the higher socio-economic class is already an advantage. People who are of higher social value can afford to have the best lawyer they wanted to argue their defense. However, those who are at the lower socio-economic standing most likely will not be able to be represented by the best defense lawyers and are therefore dependent on the overworked defense attorneys of the state. Having a private lawyer fare better chances at winning the case as compared to people who just rely on state attorneys and this has already been shown on statistics.

Furthermore, a this type of criminal also enjoys the benefit of a minimum security prison where they can stay. This prison offers more freedom and more often than not safer than the maximum-security prisons. Therefore, one can deduce that a white collar crime does not carry the same gravity as with most other crimes even though the crime has resulted to a more devastating effect to the lives of people involved.

If you are faced with this type of crime, it is important that you contact your attorney to guide you in the process as deemed necessary under the Arizona Criminal Law and Phoenix Criminal Law.