Frequently
Frequently Asked Questions About White Collar Crime
1. What is White Collar Crime?
White Collar Crimes include: Antitrust Violations, Bank Fraud, Bankruptcy Fraud, Bribery, Computer/Internet Fraud, Credit Card Fraud, Counterfeiting, Economic Espionage, Embezzlement, Extortion, Forgery, Insurance Fraud, Money Laundering, Securities Fraud, and Tax Evasion. These are generally non-violent acts that involve some type of deception, most often committed by those in business or public office.
2. Can only businessmen be charged with white-collar crimes?
The early definition of white-collar crime focused on the status of the offenders when it identified them as professionals or businessmen. However, the current definition of white-collar crime focuses on the actions committed and not on the vocation of the offender. White-collar crime is using illegal acts involving deceit to obtain property or services or to gain a business or professional advantage. Drug dealers have been charged with the “white collar crime” of mail fraud when they have delivered controlled substances through the mail. A printer was convicted of securities fraud when he used information he obtained in the course of printing corporate documents to gain an advantage in the stock market.
The RICO Act is generally thought of as a white-collar crime prevention statute. It punishes anyone who engages in a pattern of racketeering to generate income to buy a business or to conduct a business. The pattern of racketeering refers to at least two criminal acts listed in the statute that have a relationship to each other and occur within ten years of each other. Originally passed to control organized crime, RICO has been applied to drug dealers, and other non-organized crime defendants.
3. What are the penalties associated for a white collar crime?
The penalties for white-collar crimes vary. Most of the laws authorize a monetary fine, a prison sentence, or a combination of the two. The criminal laws authorize maximum penalties, which are often quite severe. For example, the maximum possible sentence for credit card fraud is a prison sentence of twenty-five years, and a fine of $250,000. In addition, the court may order forfeiture of anything gained as a result of the fraud.
The maximum penalties are seldom imposed. Most defendants receive a lesser sentence that may, depending on the jurisdiction, be calculated according to sentencing guidelines. These guidelines are meant to ensure that criminal sentences are uniform, so the sentencing judge is often given very little discretion on the sentence imposed. The guidelines take into account the crime for which the defendant has been convicted, and any prior criminal record of the defendant. In some cases, the court may consider factors that will allow it to depart, or impose a sentence different, from the sentence required by the guidelines.
Defendants without a significant criminal record may be sentenced to probation, a suspended jail sentence, or a jail sentence far shorter than the maximum. They may have fines levied against them, and may be required to forfeit any profits, and pay restitution to their victims.
An experienced criminal defense attorney is best able to advise you regarding the likely sentence in a particular case.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
If you’ve been charged with DWI MN, find a criminal defense lawyer at a local law firm that can help you with a DWI Minneapolis Minnesota claim.
Frequently Asked Questions About Federal Crime
1. What is the difference between a federal and state crime?
A federal crime is a violation of a statute passed by the United States Congress. A state crime is a violation of a statute or ordinance passed by the state legislature or a local authority. Usually the federal crime addresses criminal activity or a more national concern. Although, in recent decades the federal government has become increasingly involved in prosecuting drug and violent crimes, areas once left almost exclusively to the states. Many crimes are prosecutable in both state and federal courts.
2. Who investigates and Prosecutes federal crimes?
For the most part, federal criminal offenses are investigated by agents of federal agencies such as the FBI, DEA, ATF, Secret Service and others. Occasionally, state law enforcement officers work in conjunction with federal agencies. Federal crimes are usually prosecuted by the United States Attorney’s Office for the area where the crime occurred. Sometimes a prosecutor for the United States Department of Justice, or from an agency such at the Environmental Protection Agency will participate in a federal prosecution.
3. If I am charged with or under investigation for a federal offense do I need a “federal” criminal defense lawyer?
In order for a lawyer to represent you in a federal criminal matter he or she must be licensed to practice in the federal court where the case is pending or must receive permission of the court to practice there on a one time basis. Additionally, the federal criminal justice system is drastically different than the state system. It is important that your lawyer have experience in federal court so that he or she can effectively represent you.
4. What are the federal Sentencing Guidelines?
From 1987 until recently in federal court, if a defendant was found guilty or pleaded guilty, the judge assessed punishment in accordance with the Sentencing Guidelines. The United States Sentencing Guidelines manual contains the rules for determining the range within which a judge’s sentence was required fall. Factors that went into the determination included, the offense for which the defendant was convicted; certain factors about the offense such as how much money was involved in a financial crime, the role of the defendant in the overall scheme and other factors concerning the defendant’s conduct; and the defendant’s criminal record. The court was required sentence within the applicable guideline range (expressed in a range of months) unless the case was extremely unusual or qualified for one of the few exceptions allowing the judge to depart from the guidelines. Guideline sentencing was a complicated aspect of federal criminal cases. However, the United States Supreme Court, in January 2005 declared the mandatory nature of the guidelines unconstitutional. At this time the guidelines are to be used by the judges as advisory tools to help them exercise their sentencing discretion. Congress will probably act in the near future to again change the sentencing scheme.
5. If I am under investigation for a federal offense but have not been charged should I contact an attorney?
You should contact an attorney immediately. You have important rights during the investigation that should be protected. How you proceed at this state may drastically affect the ultimate outcome of your case.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
A Minneapolis MN defense lawyer or attorney at a local law firm can provide you with an experienced Federal Crime defense attorney or lawyer in Minnesota.