White-Collar Crime is a nonviolent crime, but it often has white-collar overtones. It can be committed in any upper-level job, including government, education, finance, healthcare, insurance, real estate, and telemarketing.
White-Collar Crime is any nonviolent offense done with the intention of financial gain. This primarily refers to crimes committed in the business world by people who are, as a result of their job position, able to acquire large amounts of money. It's about stealing, not robbingmeaning the perpetrators are not committing apparent acts of violence or trafficking.
The white-collar crime involves otherwise "normal" business activities (otherwise legal businesses) that deceive individuals into giving the perpetrators their money, whether in cash, credit, or anything else.
Most forms of white-collar crime are investigated and prosecuted by federal authorities. Not only are the criminal penalties in these cases seriousup to 20 years in prison, for examplebut federal authorities also tend to have the resources to pursue and prosecute these cases aggressively.
There is a common misconception among the general public that defendants convicted of white-collar crimes will be treated with leniency, but this is often far from the truthdefendants can spend as much time behind bars as those convicted of crimes of violence or drugs.
Common Types of Offenses
A wide variety of white-collar crimes are targeted at people in the United States. It can be anything from minor scale offenses, like failing to list specific items as assets on a bankruptcy petition, to large-scale fraud that rips victims off and affects their finances for years to come.
Everything was going along fine until you woke up and realized that your employees had been stealing from your company for months or years. It's then when you realize there's a ticking time bomb in your subconscious mind because, in the end, it's only a matter of time before someone finds out. By then, it's too late, and you've lost everything you ever worked for in your company.
How to Communicate With an Investigation
The criminal justice system is a distinct and unique system developed to protect the rights of the accused. The law recognizes that, with few exceptions, everyone is innocent until proven guilty. This right is sometimes referred to as a "presumption of innocence."
Perhaps the unique aspect of the criminal justice system is that suspects will often become aware that they are being investigated days, weeks, or even months before their arrest. While this can cause suspects to experience fear and apprehension about the future, it also provides an opportunity not available to those arrested without warning.
By retaining a criminal defense attorney at the first indication of trouble, individuals may considerably reduce their exposure to criminal liability and perhaps avoid charges altogether.
A criminal defense attorney will not directly impede the efforts of law enforcement. However, individuals who engage in defense counsel are far less likely to blindly waive their rights or allow themselves to be coerced into giving up information when there is no legal requirement. And while negotiation typically takes place following an arrest or indictment, a skillful criminal defense lawyer will contact a prosecutor at the earliest opportunity, rather than waiting patiently for grand-jury action. Even if criminal charges are anticipated, many cases are handled through negotiation before arrest.
In an ordinary criminal trial, in which the defendant is charged with the commission of a crime, several witnesses are required to testify, and some exhibits are introduced into evidence. The entire trial can often be finished in less than a day, during which time the jury members will spend significant time watching the trial.
However, when a case involves an alleged white-collar crime, the number of witnesses and exhibits can be a crisis in logistics. There may be thousands of exhibits, making it nearly impossible for the jury members to know what they should pay attention to. The trial can take weeks or even longer complete.
Attorneys for white-collar crimes often face significant challenges when presenting their defense. They need to convey their argument in a way that is easy to understand and accessible to a jury while answering the prosecution's arguments in a way that makes sense to the jury but doesn't necessarily agree with what they say.
One way of achieving this is by using a graphical organizer called an "Argument Tree," which lays out the case in an easy-to-follow manner and helps the defendant (or their counsel) quickly identify flaws in the prosecutor's argument. These visual outlines can help lawyers develop a concise, compelling argument to effectively present the case to the jury and achieve the best possible outcome.