Why Is It Called White Collar Crime?
“White collar crime” is any financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses, and/or government professionals. Middle and upper-class individuals usually commit these crimes, and usually, their motives are almost entirely financial.
In 1939, sociologist Edwin Sutherland used the term white collar crime to refer to “any crime committed by a person of respectability and high social status in the course of their occupation,”
Like most criminal offenses, white collar crimes, although nonviolent, have severe direct and collateral consequences. As outlined below, white collar crimes are two crimes in one. So, many prosecutors treat them accordingly. That’s especially true in large, Ponzi scheme-type white collar crimes with multiple victims. The collateral consequences of a white collar criminal conviction on a person’s career are difficult to overstate. Because so much is at stake, only the best Tampa criminal defense lawyer should handle these matters.
Examples of White Collar Crime Cases
Many criminal offenses are theft-plus offenses. Robbery is theft plus the use of force against a person, and to a lesser extent and in many cases, so is burglary. Most white collar criminal cases are theft plus dishonesty. Examples include:
- Embezzlement: People in a position of trust, like a cashier in a fast-food restaurant or the CFO of Frito Lay, misuses that trust and steals money from their employers. Indirect embezzlement, such as betraying trust to obtain free goods and services, may also be illegal.
- Credit/Debit Card Abuse: Presenting a card knowing that the credit card is expired or the presented has insufficient funds in the bank is technically credit/debit card fraud. However, these instances are usually no harm, no foul situations. Unauthorized use is a much more common infraction.
- Fraud: We mentioned Ponzi schemes above. It’s illegal to recruit “investors” and use their money to pay “dividends” to other “investors”. Other kinds of fraud include bankruptcy fraud, check fraud, and insurance fraud, such as the “swoop and squat” auto insurance scam.
If the fraud or other white collar crime is an interstate crime, it’s a federal offense. Mail fraud (use of the U.S. mail) is always a federal offense. If the white collar criminal uses computer or other equipment from an out-of-state provider, the infraction is also a federal offense.
Elements of a Resolution
Resolving a white collar crime case is also a two-part process for a Tampa criminal defense lawyer. Directly or indirectly, the defendant must repay what was stolen and apologize.
The direct approach is usually best. In many cases, if the white collar criminal repays what was stolen (if anything) and sincerely apologizes (I’m sorry for what I did, not I’m sorry I got caught), authorities won’t file charges. Attorneys and defendants should tread lightly in this area. If handled improperly, such interactions could lead to witness tampering or other such charges, making a bad situation much worse.
Indirectly, repayment is usually a condition of probation, which is nearly always the resolution in white collar crime cases. Defendants apologize indirectly by complying with all terms and conditions of probation.
Depend on a Hard-Hitting Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
fbi.gov/investigate/white-collar-crime
