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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.
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