White Collar Crime Offenses: What You Need to Know

These are offenses which are widely categorized, and not always easy to definitively pinpoint on any one individual or business entity. As such, if you have been accused of a crime of this nature, then it is imperative that you understand the allegations which have been made against you and take immediate action to obtain sound legal defense for the criminal proceedings to come.

Business and government officials alike are those who are susceptible to being slammed with an accusation of committing a white collar offense. In 1939, Edwin Sutherland defined white collar offenses as fraudulent behaviors with a financial backing. Since then, the term has been used nationwide to describe an array of behaviors, from embezzlement to identity theft, and everything in between. These types of crimes very often overlap with corporate crimes as the opportunity to commit actions of copyright, forgery, bribery, and the like are much more prevalent within the business/ corporate sectors of society. It is important to recognize, however, that just because the opportunity to commit these types of actions exists does not mean that those who have been accused are necessarily guilty.

Generally, officials don't enforce strict limits on the application of these types of offenses. Rather than strictly defining the behaviors which will be categorized as a white collar crime, they instead allow for a broad range of illegal offenses to fall within the category, classifying them by the type of crime and the topic of the crime. For example, property crimes, economic crimes, and even health and safety crimes can all be violations that may be classified as a white collar offense. This is true when these types of actions include behaviors such as fraud, identity theft, embezzlement, etc. which have been justifiably classified as a white collar offense. However, a different approach is taken when the Federal Bureau of Investigation (FBI) is involved in this branch of the law. Under jurisdiction of the FBI, crimes of this nature are deemed as "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence." Again, this could involve any number of a wide range of illegal activities, some for which offenders may have been unaware that they were committing. Whether under the jurisdiction of the FBI or not, it is not outside of the realm of possibility for individuals to be falsely accused of this type of behavior.

One of the most difficult aspects of white collar offenses is the very nature of the crime. There are several situations in which illegal activity could be committed under circumstances which were unintended to be unlawful. Because white collar crimes naturally involve money and high-end business transactions, there is cause for involvement that may be innocent in nature. In these instances, one or more persons could be a part of a larger scheme of which they were previously unaware. Therefore, arrests and accusations for this offense must be expertly defended against in the court of law.

Classifications of this type of crime are also often dependent on the type of offender. Unlike other illegal behaviors which are capable of being committed by any person, of any class, white collar crimes are almost always associated with individuals of a high socioeconomic status or social class. Business professionals, computer gurus, and government officials are persons in positions of power, thereby making them the ones most likely to have the means to commit these types of crimes. Unfortunately, these positions often land the persons in them in deep trouble with the law if they are the ones accused of a white collar crime. Although it may be unfair, it is often quickly assumed that behaviors of this nature are ones which were committed by those in the positions of the most power. Strong legal defense will need to be obtained in order to prove that this is not necessarily the case.

Occupational, organizational, and corporate transactions are often under a great deal of scrutiny, for these are the positions in which individuals are more likely to commit a white collar offense. However, classification in this category is dependent on more than the nature of your job (i.e. what you do on a daily basis) and the social class under which you fall. Therefore, accusations, arrests, and criminal proceedings must be based upon more than simply the aspects of your career and the socioeconomic status of your being. Unlawful behaviors of embezzlement, money laundering, and the like are ones which could be committed under your name without you being aware of the totality of what is happening. Therefore, they are ones that must be strictly monitored and vehemently defended when you have been accused of any action such as those described above. The best way to do this is by obtaining a criminal lawyer who can defend your rights and freedoms in the face of the incriminating accusations that have been made in your name.

Goldman & Associates is a Chicago based criminal law firm that is experienced in all matters of the law. As such, attorneys at the firm are ready to take on the defense cases of those who have been criminally accused in the state of Illinois. From probation violations, to theft crimes, to white collar crimes, there is virtually nothing out of the scope of practice for each associate at the firm. Intensely aggressive and unwavering defense will be provided to you when you choose to work with a defense lawyer from Goldman & Associates. In fact, the legal team has garnered a reputation for aggressive and affordable defense that cannot be rivaled. Whatever the accusations against you may be, you can rely on the steadfast defense tactics from a Chicago criminal attorney at Goldman & Associates. Skilled as criminal defender in the courtroom and persuasive negotiators outside the courtroom, there is almost nothing that this winning team cannot help you with when you are in need of sound legal defense. To learn more, do not hesitate to contact the firm at 847-868-3730.

Information on White Collar Crimes

White-collar crimes once referred to illegal acts committed by business people in the course of their employment. However, now any non-violent and sophisticated economic crime would qualify as a white-collar crime. As a rule, white-collar crimes verlap with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.

White-collar crimes are usually associated with business and do not involve violence or bodily injury to another person. Those crimes generally associated with lending institutions which involve bank fraud, such as making false statements to obtain a loan, filing false reports or returns with government agencies, embezzlement, using the mail or wire communications to defraud, and paying or accepting bribes are considered to be white-collar crimes.

Depending upon whether state or federal laws have been violated, white collar crime may be prosecuted in state or federal courts. The penalties for such crimes usually vary, but in some cases they may be as severe as those prescribed for violent crimes. In any case it is wise to talk with an attorney before answering any questions, if you are questioned by a law enforcement officer or another governmental agent about possible criminal conduct.

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White Collar Crimes

White collar crime tends to refer to crimes committed at a business by a businessman or woman. Criminology expert and sociologist, Edwin Sutherland, in a 1939 speech, coined the term. A white collar criminal is considered less likely to commit another crime, and punishment may be softer than for crimes involving violence. Evidence in a white collar crime usually involves a "paper trail," of evidence that investigators use to prosecute the case.

Types of White Collar Crimes



Embezzlement - the taking of someone's property by a person with whom it is entrusted.

Bribery - occurs when someone gives or takes a bribe.

Larceny - involves taking someone's property without paying for or returning it.

Extortion - also known as blackmail.

Fraud - this often includes but is not limited to health care fraud and tax fraud.

Price Fixing - an agreement between two parties to set prices for a certain product, thereby violating free market operations.

Racketeering - the extortion of money by force or a pattern of criminal activity committed to further the interests of a criminal syndicate.

Computer Fraud - using a computer to commit a crime.

Obstruction of Justice - interfering with the criminal process by impeding an investigation.

Perjury - lying while under oath in a judicial proceeding.

Securities and Commodities Law Violations

Environmental Law Violations

White collar crimes can be prosecuted at the state or federal level, depending on whether a state or federal law was broken. If convicted, these crimes usually result in jail time, large fines, and restitution to the victims of the crime. For people who have been victimized by white collar crime, hiring a criminal attorney is often helpful when attempting to recover monies lost.

White Collar Crimes - What You Need to Know

White collar crime is a broad legal term that encompasses various types of criminal offenses that are non-violent in nature, and usually involve fraud and illegal business or financial transactions. Bank fraud, credit card fraud, social security fraud, identity theft, money laundering, counterfeiting, insider trading, identity theft and forgery are examples of white collar crimes. These crimes are prosecuted seriously by federal and state attorneys.

By way of background, Edwin Sutherland, a notable sociologist, first coined the term, "white collar crime" in 1939 when he argued that there must be significant differences between crimes like burglary, robbery and murder, which he categorized as blue collar crimes and the ones he categorized as white collar ones, such as fraud. Sutherland went further saying that white collar crimes are more injurious to the society than their blue collar counterparts, and that white collar offenders are treated with more lenience.

The legal term was originally intended to categorize offenders, but it has been used since then to include a wide range of nonviolent offenses. Today the Department of Justice defines white collar crime as "offenses of non violent illegal activities which primarily entail traditional ideas of deception, manipulation, deceit, subterfuge and breach of trust."

One of the most common types of crimes committed by white collar workers is embezzlement. This type of offense takes place when a person dishonestly handles money that is entrusted to his or her care. For instance, when an employee takes money from a corporate account, and spends the money for his or her personal gain.

Another type that is often associated with this form of crime is fraud. The most common types of fraud today include internet fraud, credit card fraud, commercial fraud, phone or telemarketing fraud, mail fraud, insurance fraud and healthcare fraud.

If you are notified that you are under investigation of a white collar crime, it is wise if that you hire an attorney right away. Remember that you are not obligated to speak with law enforcement officers at all about the alleged offense and it is wise that you do not do so before consulting with a criminal defense attorney. All too often those under investigation for white collar crimes mistakenly believe they can talk their way out of an arrest.

Just bear the things I discussed in this article about this particular type of crime so that you won't commit another mistake when you are charged with it.

Disclaimer: Any information contained in this article should not be construed as legal advice.

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Common White Collar Crimes

The term "white collar crime" was coined back in 1939 by Professor Edwin Hardin Sutherland. He explained that white collar crime was committed by a person of respectability and high social status in the course of their occupation. Today, white collar crime covers a broad spectrum of criminal activities, especially considering the advent of new computer technology and the amount of access people have to privy financial information.

In essence, white collar crime is a form of "non-violent" crimes and commercial offenses typically committed by business people, public officials, and con-artists. Common examples would include: fraud, bribery, stock manipulation, embezzlement, securities fraud, computer fraud, extortion, Medicaid fraud, hedge fund fraud, and mortgage broker fraud among others. They can also involve bribery, money laundering and tax evasion. White collar crimes are committed for the purpose of economic or financial gain, and can go undetected for years.

White collar crime is a major problem costing American taxpayers in excess of three billion each year. Due to this fact, numerous regulations have been enacted by both the state and federal government. Now that there are more laws in place, there have been more prosecutions and subsequent convictions. Although many white collar crimes can be committed by someone in the privacy of their own home, many of them are a "crime of opportunity," meaning they are committed by people who have specialized knowledge that allows them to perform complex and detailed transactions that can be difficult for law enforcement to track.

In nearly all cases, these types of crimes are typically committed for financial gain. These crimes can be illegal on a state of a federal level, which means they can be prosecuted in the state or federal courts. In fact, if you are under investigation for a white collar crime, you could have a large government entity such as the Federal Bureau of Investigation working on your case. They have access to all types of records and they can obtain digital evidence through a computer forensics investigation.

If you are being investigated for a white collar crime, you should seek legal assistance from a criminal defense attorney immediately. Since there are a wide range of white collar crimes, a lawyer will be able to help you identify what you may be under investigation for, and how to dispute it. Even if you aren't guilty, but the people who you work with are, you will still need to hire your own attorney. The last thing you would want is for your fellow employees to sink, while taking you down with them. A criminal conviction for a white collar crime could very easily be charged as a felony offense, meaning your personal and professional reputation can be destroyed permanently. You could be facing incarceration, restitution (which could cost millions), fines, and much more. So please, do yourself a huge favor by contacting a seasoned criminal defense lawyer as soon as possible so you can have the best chances of overcoming any current or future charges against you!

Brian D. Perskin & Associates, P.C. is proud to represent clients throughout New York City. Their firm has helped countless individuals and businessmen achieve more favorable outcomes in the charges against them. They are skilled at handling cases of felony or misdemeanor charges, in either the state or federal courts. The firm's attorneys care deeply for their clients and will strive to unearth any potential mitigating circumstances that may get the charges against you reduced or dropped entirely. Your success is their success, and they want to help you to achieve the best possible outcome considering your circumstances. To learn more about your possible defenses, contact a New York criminal defense lawyer at the firm by calling (212) 355-0887 to schedule an initial consultation.

Explaining White Collar Crimes

White collar crime is a general term referring to non-violent crimes that are financially motivated. The term "white collar crime" comes from the idea that they were typically committed by business executives who wear a white shirt and tie, hence the term. However, it is a misnomer because people from all types of backgrounds can commit this type of crime.

It is not required to be a business executive or someone with a college degree to bribe somebody, or to blackmail an individual. The same goes for tax evasion, counterfeiting, forgery and identity theft. Still, those offenses are often in the same category.

The one element that all white collar crimes have in common is that they are usually involved in some type of fraudulent scam or activity. Although anybody can commit this crime, many times they are committed by professionals who have direct access to the resources necessary to further such crimes. They can use their special occupational skills, access and opportunities to defraud governments, businesses and individuals.

Due to the fact that white collar crimes are financially-related they are not necessarily connected to narcotics, crimes against personal property, organized crime, immigration, civil rights or vice crimes.

In the United States, criminal law is primarily enforced at the state level, however, white collar crimes can be prosecuted at either the state or federal level, or both. Many of these crimes cross state lines, therefore many of them are prosecuted in federal court.

White collar crimes are taken very seriously in this country; they are responsible for huge financial losses to federal, state, and local governments, to corporations, small businesses and to individuals. Many of them are investigated by large government agencies such as the Federal Bureau of Investigation and the Securities Exchange commission. It is not uncommon for a person to pay thousands of dollars in fines, to pay victim restitution, and to replace the money they stole.

This is all in addition to incarceration in a state or federal penitentiary. If you are under investigation for a white collar crime, or if you have already been arrested, you should contact a criminal defense attorney right away. You want to make sure that you are doing everything possible to protect your legal rights - hiring a lawyer will be your first line of defense! Do not wait to get the help you need because time is crucial in these cases.

Acosta, Batovski & Schmiege is a criminal defense firm located in Chicago, Illinois. At their firm, their Chicago criminal defense attorneys have proven over the years that outstanding service and dedication can make all the difference in a criminal case. Regardless of what you were charged with, they have the tools and experience you need to effectively defend your case. If you should go with their firm, they will work aggressively on your behalf from the beginning to the end. To learn more about how they can help you, contact a Chicago criminal defense attorney from their firm by calling (312) 626-2400 today.

What Is A White Collar Crime?

White collar crimes involve non-violent actions that are committed by a public official or business person that typically involve the use of deception. No weapons or violence is used in white collar crimes, so the evidence takes the form of a "paper trial," which can be followed to discover the true details of the crime.

If you have been charged with a white collar crime, it is in your best interest to contact an attorney immediately to learn more about your legal options. Lawyers who understand the complex legal process and have extensive experience handling white collar crime cases will be able to provide you with superior legal representation.

Types of White Collar Crime

Below are several examples of white collar crimes. This list is not exhaustive by any means.

Embezzlement - occurs when the person entrusted with someone else's property takes it without consent.

Bribery - occurs when someone either gives or takes a bribe.

Larceny - occurs when someone takes someone else's property without payment and does not return it.

Extortion - is also referred to as blackmail.

Fraud - occurs when someone uses deception to gain access to other people's information in order to steal it or benefit from it in some way.

Obstruction of Justice - occurs when someone interferes with the criminal process by impeding an investigation.

Perjury - occurs when someone lies while under oath in a court proceeding.

Prosecution of White Collar Crimes

Depending on which laws have been broken by the defendant, white collar crimes can be prosecuted at the state or federal level. Conviction most often leads to large fines, jail time, and restitution to the victims of the crimes.

If you have been charged with a white collar crime, a conviction could have a seriously negative impact on your reputation, family life, and career opportunities. Hiring a skilled white collar crime attorney will ensure that you receive the fair trial that you deserve. When it comes to your freedom and reputation, you need an experienced lawyer to aggressively fight for your rights.

A Lawyer Can Help

If you or someone you love has committed white collar crimes such as securities fraud, embezzlement, computer fraud, mail fraud, wire fraud, among others, contact a white collar criminal defense lawyer immediately. A knowledgeable and experienced lawyer will work to build a solid defense on your behalf. Contact a white collar criminal defense lawyer to learn more about the protection of your rights.

Joseph Devine

White Collar Crimes Can Be Committed By Blue Collar Individuals

The term white collar crime was originally defined to mean "a crime committed by a person of respectability and high social status in the course of his occupation." In modern times, this category of crime is not defined by the social or professional status of the violator, but rather the nature of the crime itself.

No matter what type of white collar crime you are being charged with in Florida, a Miami criminal defense attorney can help. There are many potential defenses your attorney can use to help you fight these charges, based on the specific circumstances involved. While it's not always possible to have your charges dropped or reduced, it's always in your best interest to have a Miami criminal defense attorney help protect your legal rights during the proceedings.

Types of White Collar Crime

White collar crime is a term, not a criminal offense with which you can be formally charged. However, there are many non-violent crimes referred to as white collar.

The most common types of crimes referred to as "white collar crime" include:

• financial fraud (bank, credit card, bad checks, etc.);

• forgery;

• identity theft;

• mortgage/real estate fraud;

• money laundering;

• mail fraud;

• healthcare fraud;

• racketeering;

• tax fraud;

• Medicare fraud;

• securities fraud;

• wire fraud.

Defenses Against Charges of These Crimes

There are many potential defense strategies available against these types of charges. Depending on the actual crime for which you are being charged, your Miami criminal defense attorney can explain your options, as well as the strengths and challenges of your case. The evidence for most white collar crime generally involves heavy paperwork, making an experienced Miami criminal defense attorney all the more important to keep things in order.

If this is your first offense, a Miami criminal defense attorney may be able to argue a reduced sentence, since you do not have a history of this type of behavior. Smaller charges such as passing a single bad check may be dropped on the basis of a single mistake or miscalculation as the reason for the error.

With the large number of offenses considered white collar crime, it's important to hire a Miami criminal defense attorney with a history of handling cases similar to yours. If you need to fight the criminal charges against you, a trustworthy attorney is a huge asset to your case.

White Collar Crimes - Charges and Penalties

White collar crime is a unique type of crime that is considered to be different in many ways from the more traditional, usually violent "blue collar" crimes. The term was coined by Professor Edwin Hardin Sutherland in 1939 to describe crimes committed by professionals in the workplace. "White collar" refers to the white, collared shirts typically worn by people in administrative, business, and managerial positions. These crimes are typically nonviolent and frequently involve an abuse of power to steal money for personal gain.

Types of Crime

These business-related crimes come in many forms. Any individual who gains money through unlawful fraud or another illegal means is guilty of committing a white collar crime. Businesspeople create schemes to "skim off the top" of an asset pool or may steal huge amounts of money from investors or companies to fund a lavish lifestyle. Some of the common schemes that are classified as white collar crimes include:

Bribery
Computer hacking or internet crimes
Credit card theft or identity theft
Embezzlement
Extortion
Forgery
Health care, investment, mortgage, or securities fraud
Insider Trading
Money laundering


Convictions and Penalties

Many critics point out that there is a major disparity between the convictions and penalties for white collar crime suspects versus blue collar crime suspects. They state that, because the crimes are typically nonviolent and involve individuals of a higher class, convicts receive shorter sentences and nicer prison accommodations than their blue collar counterparts. While this may be true for smaller cases, major criminals involved in fraud, Ponzi schemes, and other business-related fraud have recently been aggressively prosecuted. Some have received sentences for life in prison, along with huge court-ordered fines and restitution payments.

While the charge depends on the size of the illegal operation and the degree of involvement for each individual, committing a white collar crime typically results in a felony charge. This may seem steep since no one is physically hurt, but these types of crimes can cause considerable financial damage to hundreds or even thousands of people. Very large cases may even impact the regional or national economy to an extent.

For More Information - To learn more about white collar crime cases and what to do if you are facing criminal charges, please visit the website of the experienced West Palm Beach criminal attorneys of Eric N. Klein & Associates, P.A. today.

Joseph Devine

White Collar Crimes - When Do You Need to Hire an Attorney

Though there is no such perfect definition of white collar crime, the phrase is used to distinguish a number of crimes of dishonesty. These crimes generally are committed by entrepreneurs or professionals under the mask of legal business activity. Nowadays, there is a tendency toward tougher penalty for white collar crimes.

White collar crime can be charged in different ways dependent on the illegal activity. Some criminal activities are proscribed by specific laws while others are putted on trial under one or more universal laws criminalizing deceitful behavior. Such types of crime include: false statements, embezzlement, obstruction of justice, bank fraud, bribery and federal perjury.

Failing to file a tax return or filing a fake income tax return also often charged as Tax Crimes because it is intrusive with the administration of the IRS laws. Tax elusion has been efficiently used to arrest and the criminal who have committed more grave offense but the prosecutor didn't have sufficient proof to press charges on those offenses.

Cyber Crime is another practice area of law wherein the government is continuously adding new offenses to sustain with the growth in new technology. It has been seen that, in some illicit trials, the prosecutor shows all the components of a crime but the accused person is not punished because he or she has a convincing defense.

Some defendants who was charged with white collar crimes claim trap by the government by claiming that they were persuaded to act, and would not have otherwise acted illegally. Another defense used by the contractors is that of a particular industrial acted alone without the authority of society.

The crimes can carry heavy penalties. Strategy federal sentencing includes a system for calculating penalties to be paid by the entity who commit crimes. Businesses and industries who are guilty of exploitation for criminal purposes primarily incur fines equal to their total assets.

Each state has laws that allow authorities to seize assets relating to the commission of a crime. Due to the lack of control of our government, our corporations and individuals has resulted in numerous acts of white-collar crime in both large and small. These actions have consequences for our society that will remain with this country for many years to come, if not decades.

Selecting a Criminal Defense Lawyer

If you are facing any types of criminal charges, there will two important questions arise: whether or not you will appoint a criminal lawyer, and which one you are supposed to select to best stand for you?

Depending on your circumstances and types of cases, you may be offered the public defender service, or you can opt for an experienced White Collar Crime Attorney to defend you in cases involving tax evasion and any other crimes.

Mark Hall, a legal services consultant, offers helpful tips regarding legal matters concerning criminal defense, business law and many more. If you are looking for a qualified White Collar Crime Attorney, He suggests you to visit http://www.davidmgarvin.com.

White Collar Crimes 101

The majority of "white collar" crimes are committed by salaried professionals using deception, as opposed to violence or force, to perpetrate theft or fraud. These crimes can be either misdemeanor or felony infractions of the law, and these types of crimes can be prosecuted in state court, federal court, or both.

There are many types of these offenses and most involved theft by deception or fraud. Such crimes include offenses such as:

o Bank Fraud

o Bribery

o Credit Card Fraud

o Forgery

o Embezzlement

o Tax Evasion

Individuals convicted of committing a white collar crime can face punishments such as fines, restitution, forfeiture, or imprisonment. Additionally, individuals accused or convicted of a white collar crime may be subject to additional consequences such as loss of employment and loss of pension. Situations such as these can threaten the financial stability and future of both the accused and their family.

In many cases, individuals under investigation for these crimes are aware that they are under investigation. Suspected individuals may be the focus of internal investigations or private investigations. White collar crimes do not represent an immediate threat to society; therefore, white collar crimes are often investigated by federal authorities for a year or more before charges are filed against an individual suspected of committing these types of crimes. Individuals who believe they are under investigation for a white collar crime should contact an attorney for assistance.

If you are currently under investigation, have been contacted by law enforcement for questioning, or have received a subpoena for records or testimony, you should contact a lawyer immediately. Individuals should never agree to speak with law enforcement officials in regard to white collar crime investigations until they have discussed the matter with their attorney. You want to be sure that information provided to law enforcement officers cannot not be used against you in court. For that reason, it is imperative to consult an attorney as soon as you learn you are under investigation.

Disclosure: I am not an attorney. This information is correct to the best of my knowledge. Laws may change over time. If you are facing federal financial or fraud charges, consider at least speaking with an attorney; many offer free consultations.

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White Collar Crime and Punishment

What is White Collar Crime?

The first definition of white collar crime is attributed to the noted criminologist Edwin Sutherland. Sutherland is well known for the theory of "differential association". This theory states that criminal behavior is learned in association with others rather than an inherent personality trait. Sutherland's definition of white collar crime is: "a crime committed by a person of respectability and high social status in the course of his occupation" (1939).

White collar crimes are in many cases also referred to as corporate crimes. These can consist of forgery, embezzlement, extortion, identity theft, securities fraud, conspiracy and computer crime among others.

The Federal Bureau of Investigation has their own definition that is more narrowly defined as: "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence" (1989)

What are the penalties for White Collar Crime Convictions?

White collar crimes can be prosecuted on either the state or federal level, depending on what kind of law was broken. Penalties for these types of crimes vary. Sentencing is dependent on the amount of money involved in the fraudulent activity and there are no firm rules in determining this amount. Convictions usually result in jail time, large fines and restitution to the victims of the crime. In state jurisdictions sentences are usually lighter than the maximum sentences allowed for the crime. The mean sentence for fraud is 12 months; embezzlement, 9.9 months; bribery, 16.2 months; tax offenses, 16.6 months; antitrust fraud, 12.7 months; and money laundering, 46.3 months

If the crime is considered a federal offense mandatory federal sentencing guidelines come into play. Federal sentencing guidelines which give judges very limited discretion have been around since 1987. Largely in response to the high profile corporate fraud cases of Enron, World Com and the like, sentencing was stiffened in 2002. The maximum punishment for wire and mail fraud, the most common white-collar infractions, was increased from 5 to 20 years. Sentencing Commission statistics show that the rates of incarceration for certain white collar crimes are greater than those for criminals who possess drugs or firearms. In comparison the maximum federal punishment for voluntary manslaughter is ten years.

Controversial Sentencing for White collar Crime

There has been a large amount of controversy concerning the severity of federal mandatory sentencing guidelines. Congress passed the Sarbanes- Oxley Act in 2002. This legislation set new or enhanced standards for all U.S. public company boards, management and public accounting firms, and also set sentencing standards for convictions. Since it was passed Congress and the Supreme Court has faced the issue on numerous occasions trying to further define the laws and determine whether to strengthen or weaken the penalties for a conviction. It does not look as if the controversy will lessen in the near future.

White Collar crimes are some of the most difficult cases to defend. Choosing a criminal Attorney familiar with the state and federal statues for white collar crime can be instrumental in determining the outcome of a case. Contact The Dick Law Firm for board certified criminal attorneys. http://www.thedicklawfirm.com

What Are White Collar Crimes?

Crimes committed by respectable persons in high status positions in occupation, was once referred to as white collar crimes. Today, some non-violent crimes committed for financial benefits and appropriated gains have been labeled white collar crimes. Those committing white collar crimes have sophisticated methods of concealing these acts.

Some criminal acts which fall under white collar crimes are:

Various fraud crimes, such as: bank, computer, internet, credit card, phone (wire), mail, bankruptcy, healthcare, environmental law violations, insurance, mortgage, government, financial, securities; as well as other crimes such as tax evasion, bribery, insider trading, kickbacks, counterfeiting, money laundering, embezzlement, trade secret theft, perjury, identity theft, severe drug crimes, RICO, public corruption, to list a few. (We saw what perjury did to Bill Clinton, as well as other well-knowns.)

The differences between white collar crimes and blue collar crimes are blue collar are more apt to attract the police, aren't concealed as well, and may employ the use of physical force and/or violence.

White collar crimes charges are not solely placed on individuals, as many corporations have been subjected to penalties for these offenses as well. There may be leniency for the perpetrator who participates in the investigation in his/her sentencing.

White collar crimes are brought to both state and federal courts. The government regulates white collar crimes to its agencies which include the FBI, the IRS, Secret Service, U.S. Customs, EPA, Securities and Exchange Commission. There are various resources to be found to further depict the white collar crime picture.

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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 Do You Do If You Have Been Charged For a White Collar Crime?

Crimes that are committed without violence in physical and are largely related to large sums of money are popularly called white collar crimes. The same legal principles and procedures apply on white collar crimes as with other crimes. This means that the accused also have the same rights and equal protection as with a defendant of other crimes. However, the offense involving a white collar crime operates with complexity and involves several complicated legal concerns and issues.

The following are possible penalties or punishment involved in a white collar crime:

o Fines

o Prison punishment

o Restitution

o Criminal forfeiture

The Investigation

It takes time to investigate a white collar crime and it involves long processes that may continue for months to years. A person who is committing the crime is the subject of the investigation and may not be able to know about the investigation until a formal charge has been filed or submitted. It is important that defense attorneys should get involved in the whole process in the initial phase or if the person is suspecting that he or she is involved in the investigation even as a witness to such case. The complexity lies in that the person's probable exposure is not clear during the initial stages of the investigation. Many of the defendants of a white collar crime have been indicted only with what they said or did in the early phases even before they become directly the target of the whole investigation. Before any meet ups with any law enforcing bodies, a person needs to contact an attorney so that you will know what to do.

What do you do?

The best measure you can do is to contact your attorney right away because defense attorneys can negotiate for plea agreements. You can have the benefit of dropped charges or reduction of sentences with the help of defense attorneys as they negotiate with the prosecutor. If you plead guilty for the crime, prosecutors often agree to drop the more serious punishments in return of the plea or prosecutors can cooperate with an ongoing investigation. Your defense attorney always has the last word in the event of a plea or agreement.

As mentioned, you, as the defendant, may receive punishments such as fines or involvement in community services, probationary periods, and order of restitution or recover the amount lost in the crime, sentenced to imprisonment or is sentenced with a combination of punishments. Your defense attorney can negotiate for the penalties at the lowest possible punishment for the crime committed. If no negotiation reached to agreement, your defense attorney can represent you in the court in an attempt that you are not beyond any reasonable doubt guilty of the crime.

Being accused of a white collar crime is frightening and traumatic as well as stressful for you. Therefore, under the Arizona White Collar Crime Law or the Phoenix Criminal Law, you are advised to contact your attorney as soon as possible so that he/she can assist you.

White Collar Crime Becoming More Evident

White-collar crime is called many things, but in essence it comes in two flavors - blue collar and white-collar crime. White-collar crime is almost considered by those who commit it to be a badge of honor, since it's an intricate crime of great planning. A seemingly respectable person working at a seemingly ordinary job usually perpetrates it. It could be insider trading, computer crimes or bankruptcy fraud.

Read the daily news and you'll see just how many people try and get away with bankruptcy fraud. This involves hiding some of your assets when you file for bankruptcy. The government takes a really dim view of this kind of crime.

The government isn't thrilled with this practice largely because you get funds back from the same people you owe money to help you get back on your feet. Concealing assets or money means you're stealing and committing the criminal offense of white-collar crime.

The 21st century has brought with it a whole rash of computer crimes. The perfect almost anonymous crime perpetrated by using the Internet. The biggest crime is identity theft, causing the victim untold anguish and harm - mostly involving destroying their credit rating. This happens more often than people think and yet they still don't take the kinds of precautions they should to protect themselves from losing their identities.

Identity theft is so easy as thousands of Americans buy products online with credit cards and their information is hacked. It might only start out with the stolen card, but escalates with frightening rapidity into complete identity theft. All this with a few clicks of the mouse and you suddenly don't exist as who you are any longer.

This particular crime is perhaps the most heinous, as it happens in the blink of an eye and is a complex crime getting harder to manage thanks to rapidly advancing technology.

Others areas of white-collar crime are embezzlement, when someone takes your property without consent; bribery; larceny when someone takes another's property without payment and doesn't bring it back; extortion (blackmail) and obstruction of justice where a person gets in the way of an investigation. Many people don't realize that perjury is also a white-collar crime that happens when someone lies under oath in court.

In cases such as the ones mentioned in this article, hiring an attorney familiar with handling white-collar crime cases will help mitigate the extent of the possible punishment meted out after trial. Don't attempt to represent yourself in instances like this. It's like that saying, "He who has himself for a lawyer is a fool."

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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.

Understanding White Collar Crimes?

White collar crimes are perhaps the most commonly committed crimes that happen today. And just like any type of crime, white collar crimes come with punishments. Sure, the punishment may not be as harsh as robbing a bank or committing a murder, but the punishments can be quite harsh on a person's wallet and, yes, there are individuals who do spend time behind bars. Take Martha Steward, for example. She was found committing what can be considered a white collar crime and she ended up serving time for what she did.

But what exactly are white collar crimes? Many individuals wonder what the difference between a white collar crime and other types of crimes. Some don't think there is a difference at all. The truth is that there is a difference.

What is it?

A white collar crime is a very intricate crime. A white collar crime is a crime committed by a person while working within their occupation. In other words, it is a crime that involves the work that a person is doing. For example, individuals may embezzle money out of the business. This is considered a white collar crime. A cashier may be found dipping into the register. They may just be fired for this crime or the company may decide to take criminal action against them.

One of the most common white collar crimes is bankruptcy fraud. This is where an individual may not report all of their assets when filing bankruptcy. A company may also commit the same crime. This is considered fraud because it is possible to receive money back from the creditors in order to assist in getting back on your feet. If assets are not considered and this money is received, then that can be considered stealing. This is something that seems to be occurring every single day.

Computer crime is also a growing white collar crime. Computer crime can range anywhere from identity theft to insider trading. If it involves a computer that is being used to access the Internet and commit a crime, then it is considered a white collar crime. This is something that poses a very stiff penalty. There are individuals serving prison time for computer crimes and they are serving rather long sentences.

The punishments

Many of the punishments are done in the way of paying high fines for the crimes committed, but it really depends on the crime that has been committed. It is almost inevitable that someone who goes to prison has to pay exorbitant fines as well. This is so they can compensate the individuals they have hurt through their white collar crimes. Some people are so rich that this doesn't hurt them and they have no trouble getting back on their feet when it is all said and done. But there are other individuals who are not so lucky.

So if you ever hear the term "white collar crime," you now know what it is. It is a very intricate crime. Usually, a person has to do a lot of scheming and planning when it comes to committing these crimes. Being that they are usually committed in the workplace, they have to find ways to get around tight systems and the eyes of everyone they work with. But the truth is that these individuals are frequently caught. Hardly anyone gets away with dipping into funds or doing other things that result in financial gain for them. The evidence is usually so extravagant that it is hard to get away with one of these crimes. Many systems that businesses implement are simply too advanced to be manipulated for long.

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White Collar Crime Can Still Gain Harsh Punishment

The punishment of a White Collar Crime depends on the severity of the crime committed and what type it is. There are various types of crimes that qualify under the White Collar Crime. This type of crime is, by definition, the crimes that are committed by people belonging to the upper socio-economic society which are non-violent where the person committing the crime has gained some benefits at the expense of another.

The two major factors in determining punishment for this type of crime are:

o Severity of the crime

o Type of crime

Generally, a while collar crime can be under a federal or state judiciary system. Both the federal and state judiciary systems have regulatory and governing bureau that are designed to address these crimes. The bureaus involved see these crimes as a major dilemma and thus, usually see to it that people who committed these crimes will be punished with the highest possible sentence.

So, what are the common punishments?

Punishments for this type of crime includes the following:

o Fines

o Imprisonment

o Probationary period

Furthermore, there are several factors that could have a direct impact on what type of punishment would be meted out. Generally, white collar crimes involve individuals or a part of organization or corporation. The punishments for these crimes are usually higher in organizations or corporations as compared to the sentence of those that are committed by individuals. In addition, the penalties and punishments are more severe and grave when the person involved is connected with the government or is committing a crime against the government. Another factor for the penalties and punishments is the extent and severity of damage inflicted on the victims or people who are at the receiving end of the crime.

Several types of white collar crimes carry their own significant sentences and punishments. Below are the lists of white collar crimes that are usually committed.

o Anti-trust

o Securities fraud

o Bribery

o Telemarketing fraud

o Counterfeiting

o Welfare fraud

o Money laundering

o Insurance fraud

o Health care fraud

o Public corruption

o Weights and measures

o Identity theft

o Forgery

o Bankruptcy

o Extortion

o Embezzlement

o Cellular phone fraud

o Racketeering

o Tax evasion and;

o Others

The rulings of a white collar crime sentence are subject to a specified minimum punishment for a definite crime committed. Some fines may involve payment of several millions of dollars in addition to facing at least 30 years in prison for a white collar crime. In other cases, it involves a smaller amount as fine and shorter span of time for imprisonment. Also, the value of loss at the event of this crime is taken into consideration as well.

In the event of a white collar crime, it is important that you know your rights and obtain as much information as you can so that you will know if you are charged wrongly. You should also employ the aid of experienced attorney to assist you in the Arizona Criminal Lawsuit or Phoenix Criminal Lawsuit.

White Collar Crime and Prosecution

White-collar crime is skyrocketing! Tough economic times and the advent of hi-tech computer technology coupled with Wall Street fraud is proving tough times for all Americans. Who are the white-collar criminals? What is White-collar crime? How do these individuals arrive at a position of trust? What is law enforcement doing? Who will be affected next? Will you be next?

A white collar crime is many times defined as a non-violent crime involving deception and/or trickery, typically committed by a business person, public official, or someone of high stature, trust, or authority. Evidence in a white collar crime usually involves a paper trail of evidence that investigators use to prosecute the case. Although this definition may be true, it is hotly contested within the community of experts that try to define "White-Collar Crime". Many experts feel there are three main characteristics that categorize a white-collar criminal. Some experts believe that white-collar crime should be defined by the high socioeconomic status and/or occupation of trust that the offender has. Others believe that white-collar crime should be defined by the type of offense committed i.e., fraud, counterfeiting, forgery, embezzlement, bribery, larceny, price fixing, racketeering, computer fraud, obstruction of justice, and perjury. Mixed in with these offenses is the increasingly popular securities fraud as typified by the recent cases of Bernard Madoff and New Jersey fund manager James Nicholson. Madoff allegedly confessed to his employees that he perpetuated a massive fraud scheme which could cost investors an unbelievable amount in excess of $50 billion. Forty-two year old James Nicholson is accused of defrauding his investors of as much as $900 million since 2004. Finally there are those that confine the definition of white-collar crime to strictly economic crimes or corporate crimes.

The Federal Bureau of Investigation defines white-collar crime only in terms of the offense. The Bureau has defined white-collar crime as ". . . those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage." (USDOJ, 1989, p. 3.)

In the years 1997 through 1999, white-collar crime accounted for less than 4.0 percent of the incidents reported to the FBI. The majority of those offenses were frauds, counterfeiting, and forgery. Currently, one in three American families is a victim of white-collar crime, yet very few are actually reported. Of those reported only 21% made it into the hands of a law enforcement agency. This translates into less than eight percent of all white-collar crimes reaching the proper authorities. These are very unsettling statistics for both consumers and businesses alike. The growth of the information age and the world wide use of the Internet have significantly changed the manner in which economic crimes are committed, the frequency of their commission, and the difficulty in the apprehension of the persons responsible. White-collar crime has certainly invaded our new, high-tech society. Statistics show that white-collar crime has skyrocketed from a national cost in 1970 of $5,000,000,000 to a staggering $100,000,000,000 in 1990. With all the advances in technology and the Internet since 1990, experts predict an exponential growth of white-collar crime in the future.

In an effort to combat this rapid rise in white-collar Internet crime, law enforcement officials including the Federal Bureau of Investigation, Secret Service, Postal Inspection Service, Securities and Exchange Commission, and Customs officials have stepped up their efforts in fighting these crimes. Special units such as the National White Collar Crime Center, Internet Fraud Complaint Center, National Cybercrime Training Partnership, and the Coalition for the Prevention of Economic Crime have been formed to specifically fight white-collar crime.

This has certainly stepped up the investigation and prosecution of white-collar crimes and white-collar criminals. White-collar crimes can be prosecuted both at the state and federal level, depending on whether a state or federal law was broken. If convicted, these crimes usually result in long prison sentences, large fines, and restitution to the victims of the crime. Many times the restitution is so large that it never gets paid back. The days of a slap on the wrist, probation, a trip to Club Fed, and/or home confinement are over for white-collar defendants. New laws, stiffer penalties, and more vigorous prosecution of white-collar crimes all combine for longer sentences and higher security designations for white-collar criminals.

Due to current prison overcrowding and the large number of white-collar defendants being incarcerated, white-collar defendants are finding it more and more difficult to be designated close to their families and to be designated to a lower security federal prison. More and more white-collar defendants are being designated to geographically removed federal prisons far from their homes and families. Many white-collar defendants are also being designated to a higher security level federal prison.

Most white-collar offenders are ordinary people who got into financial difficulty and who saw their way out of it through illegal and fraudulent measures. Unfortunately, it used to be only the small fish that get caught and sentenced to a long federal prison term of incarceration, not the big fish that got away. The big fish used to be able to insulate themselves from the crime. There are so many people working at the small fish level that upper management can structure and direct the company so that the small fish are actually the individuals receiving the pressure to break the law, many times unknowingly. Upper management didn't even have to get their hands dirty. This all combined for more and more white-collar small fish criminals being investigated, prosecuted, and sentenced to long terms of incarceration in federal prisons. But the current trend is changing all this. Federal prosecutors, in a large part due to public outrage, are now going for the big fish as well as the small fish. Enron, Martha Stewart, Bernard Madoff, James Nicholson, and the current economic crisis in banking, foreclosures, and Wall Street securities fraud have played a major role in this change. Now, when it comes to conviction and sentencing, the higher the socioeconomic status of the offender, the stiffer the sentence juries vote for. Thus both the small fish and big fish white-collar criminals are receiving harsher, stiffer, and longer federal prison sentences.

Michael Frantz is a leading Federal Prison Consultant with the firm of Jail Time Consulting in Ft. Lauderdale Florida. He has authored the widely used federal prison book, "Jail Time, What you need to know...Before you go to federal prison!" Jail Time is a comprehensive compilation of invaluable information about federal incarceration and how to prepare for it. He has also authored over 35 JT Special Reports© detailing various aspects of federal prison affecting both the inmate and his/her family. He also writes a daily blog on Jail Time's website http://www.jailtimeconsulting.com and answers readers' questions and comments.

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