Being charged with a white collar crime can have a direct impact on a person''s future. If convicted, they may be subjected to huge fines, face a long prison sentence, and suffer severe embarrassment. White collar crime refers to a wide range of nonviolent crimes committed by persons of stature in corporate settings for monetary gain. White collar criminals often utilize sophisticated systems, programs, or processes, which makes the detection, prosecution, and defense of such crimes more complex. A criminal law attorney who has experience defending the rights of those accused of white collar crime can help reduce charges, minimize penalties, or avoid them altogether. If you have been accused of a white collar crime, please contact us today to speak with a qualified criminal defense attorney who can evaluate your case FREE of charge and pursue your best interests. Types of White Collar Crimes White collar crime encompasses a wide range of offenses including, but not limited to: • Bribery • Insider trading • Mail fraud • Embezzlement • Tax evasion • Counterfeiting • Money laundering • Public office corruption • Environmental law violation • Financial fraud • Credit card fraud • Antitrust violation White Collar Crime and the Law Those accused of white collar crime may be acquitted of all charges if they can prove absence of intent, which means that while the defendant may have benefited from the alleged crime, there is no proof their actions were intentional. In other cases, the defendant may claim entrapment—a situation in which an employer or government personnel persuaded or forced the defendant to commit the crime. Plea-bargaining or other negotiations can also minimize punishment in the case of a conviction. If you or a loved one has been accused of white collar crime, it is important to seek the immediate assistance of a qualified and compassionate criminal law lawyer who has extensive experience in white collar crime defense. Please contact us today to speak with a criminal attorney FREE of charge who can thoroughly examine your case, inform you of your legal rights and options, and ensure you are not subjected to any undue punishment. White collar embezzlement and penalties that punish a convicted individual fall under the larger umbrella of white collar crimes. White collar crimes are defined as criminal acts taking place in a business or other professional setting that are committed to achieve personal financial gain at the expense of another. Embezzlement is the misappropriation of items or monies that a person has been trusted to protect and manage. White collar embezzlement and penalties depend on the specific circumstances of the case. For instance, charges of embezzlement can be negotiated if it is proven that the embezzler intended to return what s/he had procured. White collar embezzlement and penalties differ from larceny charges because in embezzlement cases the perpetrator legally assumes possession of the property, but then assumes illegal rights to it. A white collar embezzler often has a fiduciary relationship with the victim, meaning that the perpetrator has been entrusted by the victim with specific responsibilities. One of the most common forms of embezzlement is employee theft, where employees who have access to their business''s property procure it for their own use. White collar embezzlement is detected based on a number of factors including missing, late or suspicious documents, unexplainable profit fluxuations, and employee behavior such as personal spending behaviors, eagerness to work overtime, and other suspicious acts. In order for white collar embezzlement and penalties to be proven and enforced, four things must be established in a case. A fiduciary relationship between the defendant and the victim must be proven. That relationship must be shown to have resulted in the defendant''s possession of the property in question. The fact that the defendant illegally assumed rights to said property must be confirmed. And it must be revealed that this appropriation was intentional. White collar embezzlement and penalties can be sought by a victim through the civil or criminal court systems. An employer, who suspects or has knowledge that his /her employee(s) are embezzling company property, may wish to speak with an embezzlement legal expert. This experienced attorney can advise an employer of his/her legal rights and options in a possible white collar embezzlement and penalties case. White collar embezzlement and penalties include being charged with a felony in either a criminal or civil federal or state court system. The specific court system through which white collar embezzlement and penalties are decided depends on the circumstances of the crime. White collar embezzlement and penalties can include both monetary fines and jail time. Penalties usually depend on the value of the property that was embezzled. The severity of white collar embezzlement determines the severity of the penalties. If you have more questions about white collar embezzlement and penalties you may wish to speak to a qualified attorney. White collar crime is a term that is applied to nonviolent crimes committed in business situations by individuals, groups or corporations for the purpose of financial gain. White collar crimes include, but are not limited to, money laundering, embezzlement, fraud (i.e. health care, telemarketing, insurance, tax, securities and commodities), bribery, forgery and counterfeiting. The most common white collar crime involves some type of fraud. White collar crimes can be prosecuted on either the state or federal level, depending on what kind of law was broken. Penalties for white collar crime vary, but convictions usually result in jail time, large fines and restitution to the victims of the crime. In federal cases, 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. To illustrate this, the numbers show a 35.6 percent rate of incarceration for fraud; a 39.3 percent rate of incarceration for embezzlement; and a 29.2 percent rate of incarceration for forgery or counterfeiting. Although penalties for white collar crime can result in sentences of up to 30 years in prison, it is up to the judge to decide the offender''s fate. Sentences are usually lighter than the maximum sentences allowed for the crime. For example, 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. Lenient imprisonment penalties for white collar crime may be to the criminal''s benefit, but they often pay for their crime in other ways, forfeiting their assets, relinquishing incriminating information about personal and professional associates, and sacrificing their rights to further relationships with the government or corporate world. Perhaps the most damaging penalties of white collar crime involve the damage to the offender''s reputation and loss of professional and personal credibility. Punishments for white collar crime depend on a variety of factors, such as the type of crime that was committed, who was involved, the extent of the damages, and where/how the crime is tried. A white collar crime is defined as a crime where one party benefits from a criminal act at the expense of another in a business or professional environment. These acts are usually non-violent, though the punishments for white collar crime are usually on par with street crime penalties. State and federal governments consider white collar crimes a serious offense and will often make punishments for white collar crime substantial. White collar crimes cost billions and billions of dollars in losses each year, so it is no wonder that punishments for white collar crime can be severe. There are many types of white collar crimes. Some crimes are prosecuted civilly where the punishments for white collar crime usually involve fines intended to restore what was lost. If the crime was willful or malicious, the punishments for white collar crime may involve punitive damages and even jail time. Other circumstances involve criminal punishments for white collar crime which can also include fines and or jail time. Many white collar crimes are prosecuted as felonies. Punishments for white collar crimes can result from a number of different acts including, but not limited to, crimes involving: antitrust, fraud, embezzlement, bribery, counterfeiting, environmental law violations, corruption, theft, tax evasion, bankruptcy, kickbacks, and money laundering. Many government agencies regulate businesses and individuals and have enacted laws defining the punishments for white collar crime. Punishments for white collar crime can also depend on who is involved in the crime. Corporations can often receive greater punishments for white collar crime than individuals might. In some cases corporations can receive penalties that are six times what an individual might receive. Acts against the government also carry very strict punishments for white collar crime. These acts eventually end up costing taxpayers money; therefore it is not surprising that these punishments can be harsh. When government or other public officials are found guilty , they too can receive harsh punishments for white collar crime. Often government fraud is discovered when a whistleblower or qui tam comes forward to expose a crime. Monetary punishments for white collar crime can actually be awarded (in part) to whistleblowers. They can also receive protection from those parties they expose through their testimony. If you are the victim of a white collar crime, you may wish to discuss your case with a qualified and experienced attorney who can advise you of your legal rights and options. Often as part of punishments for white collar crime, you are compensated for the damages you have suffered as a result of another party''s wrongdoing. White collar crime is defined by the Federal Bureau of Investigation as "illegal acts characterized by deceit, concealment or violation of trust, which are not dependent upon the application or threat of physical force or violence." The FBI goes on to state that in cases of white collar crime, "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." Cases of white collar crime involve a number of different criminal activities, including, but not limited to, embezzlement, fraud (i.e. insurance, bank, tax, telemarketing, health care), money laundering, forgery and counterfeiting. The majority of cases of White collar crime involve fraud of some kind. You can''t turn on the news today without hearing about another top business executive with legal trouble stemming from some kind of business-related criminal activity. The most high profile case of White collar crime of late involves domestic queen Martha Stewart, who was recently convicted of four counts of conspiracy, obstruction of justice and lying to the government about her sale of more 3,900 shares of ImClone stock, worth $250,000, in December 2001. Stewart''s guilt stems from a tip she received from friend and ex-broker Peter Bacanovic, who also received similar white collar crime convictions. These convictions come on the heels of a number of other recent cases of white collar crime that have shaken the corporate world. In one of the largest cases of corporate corruption in the nation''s history, Dennis Kozlowski and Mark Swartz, two chief executives from Tyco International, a manufacturer of health care, fire and security, plastics and electronics products, have been accused of stealing $600 million by selling artificially inflated stock, taking unauthorized bonuses and forgiving loans. In two other recent cases of white collar crime, John Rigas, founder of Adelphia Communications, his two sons and a former executive are on trial for stealing from the company and hiding $2 billion in debt. Bernie Ebbers, former CEO of WorldCom, has been accused of participation in an $11 billion accounting fraud. High profile as these defendants may be, these recent cases of white collar crime do not come without punishment. At Stewart''s June 2004 sentencing, she is expected to receive at least a year in prison. Her crimes carry sentences of up to five years in prison and fines of $250,000 per count. As for Kozlowski and Swartz, if convicted, both face prison terms of up to 30 years. Although judges often lessen the sentences for cases of white collar crime, they certainly are not above handing down the maximum sentence. In the 2001 case of Kansas City pharmacist Robert R. Courtney, for example, conviction for diluting chemotherapy drugs (an example of health care fraud), resulted in a sentence of between 17 ½ and 30 years in prison, the forfeiting of all of his property and full disclosure of his white crime activities and the criminal activities of all of his associates. A white collar crime sentence depends on the type of white collar crime that was committed. There are numerous crimes that qualify as white collar crimes. A white collar crime is defined as a non-violent criminal act executed in a business or professional setting where the perpetrator gains something at the expense of the victim. Most white collar crimes also fall under the general category of financial crimes, because most of these acts involve illegal acquisition of monetary gains. The white collar crime sentence depends on the severity and type of crime involved. In general, a white collar crime can be prosecuted through the federal or state court system. There are governing and regulatory agencies on both the federal and state level s that are assigned to combat the problem of white collar crimes. These agencies view white collar crime as a significant problem and will usually seek the highest white collar crime sentence possible. Punishments included in a white collar crime sentence usually include fines and/or imprisonment and they may also require a probationary period. A white collar crime sentence depends on a number of factors. In most cases the perpetrators of a crime can either be acting individually or as part of a corporation or organization. White collar crime sentence penalties for corporations are generally much higher than they are for individual criminals. If you represent the government or are involved with crimes against the government, white collar crime sentence penalties may be more severe. White collar crime sentence penalties also depend on the extent of the damages that a white collar criminal causes. There are several types of crimes which each carry their own white collar crime sentence options. The following is a non-inclusive list of white collar crimes: anti-trust, bribery, counterfeiting, money laundering, insurance and healthcare fraud, public corruption and government fraud, tax evasion, telemarketing fraud, environmental law violations, identity theft, bankruptcy, embezzlement, and several others. White collar crime sentence rulings may be subject to minimum penalties for a particular crime. In some cases, a white collar crime sentence requires the criminal to pay millions of dollars in fines and face up to thirty years in prison. In other cases a white collar crime sentence may involve a substantially smaller fine and prison punishment. White collar crime sentence specifics may also be directly related to the value of the loss that resulted from the crime. This occurs in bribery cases where the white collar crime sentence monetary fine is in direct proportion to the amount of the actual bribe and who was involved. White collar crime is a term that is applied to nonviolent crimes committed in business situations by individuals, groups or corporations for the purpose of financial gain. Most white collar crimes are associated with some type of fraud, often involving a lending institution, such as a bank or insurance agency. Examples of white collar crime include: antitrust fraud, bankruptcy fraud, bribery, computer fraud, credit card fraud, counterfeiting, embezzlement, identity fraud, insider trading, insurance fraud, kickbacks, money laundering, obstruction of justice, perjury and price fixing. White collar crime is steadily on the rise, thanks to our technologically advancing society, which relies on the increased use of cellular phones and computers to access personal and financial information. The National White Collar Crime Center (NW3C), a nonprofit agency that supports state and local police in their efforts to prevent, investigate and prosecute economic and high-tech crime, reports that while arrests for violent crimes have decreased in recent years, arrests for white collar crimes - especially fraud and embezzlement - have increased. The rise in white collar crime incidents has also contributed to a rise in cost to the nation. According to National Fraud Center statistics, the cost of economic crime has risen from $5 billion in 1970 to $100 billion in 1990, and is only expected to increase as occurrences become more frequent. For example, the Federal Bureau of Investigation''s Economic Crime Unit reports that telemarketing fraud, one of the fastest growing types of white collar crime, has become an increasing problem in recent years, victimizing millions of people at a cost of $40 billion annually. Statistics from NW3C also approximate that one in three households is the victim of white collar crime, yet of these, only 41 percent report the incident. Of the small number reported, only 21 percent are handled by a law enforcement or consumer protection agency. Experts believe that many people fail to report white collar crime because they are unaware that they have been victimized. Many of those who are aware of a suspicious incident are unsure of whether or not it is an actual crime, and of those who are knowledgeable, many are either unsure who to contact or believe no resolution will come from reporting the crime. NW3C encourages awareness on the part of both the public and law enforcement agencies as a preventive measure against the future of white collar crime. White collar crime refers to a group of crimes committed by an individual or group for the purpose of financial gain. White collar crimes are also defined by the fact that they do not involve violence or threat of bodily harm. Types of white collar crime include, but are not limited to, bribery, forgery, counterfeiting, money laundering, embezzlement and fraud (i.e. tax, telemarketing, health care, securities and commodities). The majority of white-collar crime cases involve some type of fraud. The Federal Bureau of Investigation (FBI) has been able to identify the groups most likely to be victims of white collar crime. Through National Incident-Based Reporting System statistics, the method by which the FBI assesses crime rates, the U.S. Department of Justice has determined that business or non-person victims of white-collar crime are as common as, if not more common than, individual victims. Other "non-person" victims of white collar crime include businesses, financial institutions, government agencies, religious organizations and society organizations. Businesses are the most likely non-person victims of white collar crimes like fraud, counterfeiting and embezzlement, followed by financial institutions and government agencies. The only area of white collar crime in which the number of individual victims exceeds commercial victims is bribery. Statistics from the National White Collar Crime Center estimate that one in three households is the victim of a white collar crime, yet of these, only 41 percent report the incident. Of those who do report it, only 21 percent of the cases are handled by law enforcement or consumer credit agencies. FBI officials believe that many victims do not report their incidents of white collar crime because they are unaware that they have been victimized. Additionally, many corporations tend not to report white collar crime perpetrated against them for fear of garnering a negative reputation for the company. With cases of white collar crime continually on the rise, a consequent rise in the number of victims of white collar crime is inevitable. If you believe that you or your corporation has been a victim of white collar crime, it is imperative that you contact law enforcement and seek legal counsel. Victims of white collar crime are frequently awarded restitution. |