A white collar crime is generally characterized as a financially-motivated crime that does not involve the use of firearms or threats of violence. White collar crime are generally non-violent crimes, financial crimes that motivated by the perpetrator’s interest in financial gain. Examples of white collar crimes include Mail Fraud, Wire Fraud, Embezzlement, Bank Fraud, Securities Fraud that affect the financial markets, Public Corruption, Bribery, Insider Trading (trading on non-public information), Credit Card Fraud, Ponzi schemes, Money Laundering, Tax Evasion, Insurance Fraud, mortgage fraud, corporate fraud, Health Care Fraud and other types of fraud. These crimes are considered to be white collar crimes because they are crimes that are financially motivated and do not involve violence, threats of violence, or the use of firearms. These are crimes that are generally motivated by the defendant’s interest in financial gain. It is not unusual for the crime to be committed by a professional, including doctors, accountants, lawyers, corporate executives, or a government professional.
Who Are the People Who Are Often Charged With White Collar Crimes?
Often, individuals who are charged with being white collar criminals are professionals who are involved in a business, or work for the government. Generally — though not always — a person alleged to be a white collar criminal has no prior criminal record and is highly educated. White collar crimes are generally not perpetrated by “gang” members, though these crimes may be committed by conspirators who play different roles in the commission of the crime.
In What Court Are White Collar Crimes Prosecuted?
White collar crimes may be prosecuted in both state courts and federal courts. However, significant white collar crimes involving a considerable amount of money are generally prosecuted in federal court and the case is investigated by the U.S. Department of Justice. This reflects the fact that state courts usually are handling violent crimes (murder, rape, child molestation) and drug offenses). The federal courts have more resources (including different law enforcement agencies including the Federal Bureau of Investigation (FBI) and the Internal Revenue Service) to prosecute more complicated white collar crimes that often involve complicated financial transactions and offenses that occur in more than one state, or even across international borders.
What Are The Characteristics Of White Collar Crimes?
Most white collar crimes involve evidence of intentional deception on the part of the defendant. A white collar crime often involves the use of false documents presented to a bank or a financial institution or fraudulent or false documents submitted to the government, including the IRS, the Securities and Exchange Commission (SEC), or a health care provider or Medicare. But it is essential to understand that making a mistake is not a crime. Breaching a contract is not a white collar offense — in fact, a breach of contract is not a crime at all.
What Are The Defenses To White Collar Crimes?
The criminal defense in white collar crime cases often focuses on the defendant’s state of mind. The fact that a defendant may have made an inaccurate statement, but without the intent to deceive, is not sufficient to prove that the defendant committed fraud. An error in judgment in connection with a transaction at a bank does not necessarily mean that the defendant has committed a crime. A breach of contract is not the same as intentionally trying to deceive. If the defendant was mistaken about an obligation to provide information to a bank or the government in connection with a transaction, this may be a defense to a prosecution for fraud. “Fraud” requires an intent on the part of the defendant to deceive the victim and to intentionally participate in a fraud scheme. A mistake is not the same as fraud.
Unlike many other crimes (violent crimes, blue collar crimes, and “street” crimes), in white collar crime prosecutions, a defendant’s “ignorance of the law” is a defense. If a defendant did not realize that a tax return was filled out incorrectly, the defendant is not guilty of tax evasion. If a defendant did not realize that in applying for a loan at a bank, certain information was required to be submitted to the bank, the defendant would not be guilty of bank fraud. These types of crimes require proof that the defendant knew he was committing a crime. The prosecution is required to prove beyond a reasonable doubt that the defendant intended to commit the crime.
If the law is confusing, or subject to different interpretations, this may provide a defense to a criminal prosecution. Generally, “mistake of law” is not a defense when the prosecution involves a violent crime, a sex offense, or a drug offense. But in white collar crime prosecutions, a defendant’s “mistake of law” is a defense. Similarly, with violent crimes, a defendant cannot rely on “advice of counsel” as a defense, but in white collar crime prosecutions, if the defendant had advice from a lawyer prior to entering into a transaction and complied with the lawyer’s advice, this will be a defense to a criminal prosecution even if it turns out that the lawyer’s advice was wrong. The defendant’s reliance on the attorney’s advice shows that the defendant did not have fraudulent intent.
Historically, white collar criminals were sentenced far more leniently than violent criminals. But that is no longer true. It is not unusual for a white collar crime to involve millions of dollars in loss to the government and sentences in federal court may be as hight as 15 or 20 years in prison. Sentences in federal court often reflect the amount of money that was allegedly stolen, or obtained by fraud. The amount of victims’ financial losses often is directly proportional to the length of the sentence.
Garland, Samuel, & Loeb Has Experience With Defending Individuals Charged With White Collar Crimes
Garland, Samuel & Loeb has decades of experience successfully representing defendants in white collar crime prosecutions. The criminal defense lawyers at Garland, Samuel & Loeb have represented individuals in tax evasion cases, insurance fraud cases, money laundering, public corruption cases, and cases involving bank fraud, as well as numerous wire fraud and mail fraud prosecutions. The defense often requires the use of expert witnesses to explain to the jury the complexity of the Internal Revenue Code, or the regulations that govern Medicare reimbursements. Because many of these laws are so complex, a defendant will not be convicted if the defendant made a mistake, but the mistake was not intentional, and was not the result of an intentional effort to deceive the government.
