What Is a White Collar Crime?
Before 1939, no one had heard of a white-collar criminal – not until Professor Edwin Hardin Sutherland, a sociologist, coined the term, “white-collar crime.” According to Oxford Bibliographies, the professor defined this type of crime as an illegal act committed by someone with a higher social standing because of his or her work. Today, a white-collar criminal lawyer often focuses on defending professionals in the financial industry who are charged with fraud, concealment, identity theft, tax evasion, or embezzlement. Frequently, a white-collar crime goes unnoticed for a long period. That is because a white-collar criminal possesses special skills and knowledge, or the ability to perform complicated transactions that law enforcement officials find hard to monitor or track.
Talk to a White Collar Crime Lawyer If You or Your Firm is Under Investigation
If you work in the financial industry and are being investigated for a white-collar crime, you should contact a white-collar crime lawyer so you can find out more about your legal potential for being charged. A lawyer will also go over the ways you can defend yourself against possible allegations. Even if you are not guilty of a crime, you should discuss the situation so you know how to proceed and how to cooperate in a way that does not get you too caught up in the investigation. White-collar crimes now have taken on several rainbows of colors, namely in the form of pink, green, and red collar crimes, so this type of criminal activity has taken on new and “colorful” meanings in today’s ever-expanding world of business and technology.
Pink Collar Crimes
A subset of a white-collar crime, a pink-collar crime refers to crimes related to embezzlement. These crimes refer to women in lower or mid-level office jobs, such as bookkeepers, accountants, or office managers, who steal from their employers. Because many of these employees are women, the term “pink collar” was coined to cover this type of activity. Therefore, these crimes are not exclusive to women. Crimes of this nature have continually increased by 40% since the early 1990s. Therefore, if you have been unjustly accused of a white or pink collar crime, you need to make sure the lawyer you choose knows how to strategize your defense for a successful outcome.
As crimes become increasingly more sophisticated, it is imperative to find an attorney who knows how to defend litigants who may have unknowingly become a victim of entrapment or have been subjected to duress. For instance, to successfully defend a victim of duress, a criminal defense attorney must show that the defendant was threatened with serious bodily harm or death and the threat of harm is greater than the harm caused. He or she also must be shown that the threat was immediate and unavoidable.
Green Collar Criminal Activities
Another newer type of “white” collar crime is called green-collar crime. According to the website, somethingaboutorange.com, a green-collar crime is a criminal activity committed against the environment for profit.
The website, REDD-Monitor, profiled the first known green-collar crime, which took place in the UK. The accused individuals, Ian David Macdonald and David John Downes were charged with a carbon credit boiler scheme. The scammers defrauded investors for $9 million and were given prison sentences of 4 and 8 years, respectively.
Red Collar Crimes
While white-collar crimes are normally considered non-violent and intended to defraud and mislead, the term “red-collar crime” veers off-course in this regard. This type of crime describes a white-collar crime that turns unspeakably violent.
While a white-collar criminal generally uses various means of deception to steal or commit financial fraud, a red-collar criminal takes things several steps further by committing fraud concealment homicide. Usually, a red-collar criminal has a past that is marked by both white-collar and non-white-collar criminal activities. Therefore, the term, “fraud concealment” refers to the motive for the homicide.
Types of White Collar Crimes and Enforcement Agencies
A white-collar crime lawyer may handle crimes that involve money laundering, mortgage fraud, corporate fraud, embezzlement, mass marketing fraud, extortion (bribery), or fraudulent acts against a governmental agency. The enforcement of white-collar laws is often the responsibility of the Secret Service, IRS, EPA, SEC, and FBI. State laws also are designed to combat white criminal activities.
Investigations of White Collar Crimes
The investigation of a white-collar crime is done differently than other crimes, as it does not lead to an immediate arrest. Instead, the investigator looks into the suspected crime through tips or other information that signals possible criminal activity. During the investigation, wiretaps or subpoenas may be used to collect evidence All this is done to develop a case so a conviction can be made.
Also, a prosecuting attorney may use a grand jury to determine if there is sufficient evidence to charge an individual with a crime. The grand jury listens to testimonies from witnesses and reviews the evidence collected to see if there is enough information to go ahead and charge a suspect. Most white-collar crimes are classified as Category B or Category C felonies, which lead to convictions that may result in fines up to $100,000 or up to 20 years imprisonment. In identity theft cases, restitution may include the expenses involved in repairing victims’ credit.
Speak to an Experienced White Collar Crime Lawyer Now
To ensure your defense in a white-collar cream, you need to depend on the services of an experienced and knowledgeable white-collar crime lawyer. A lawyer who covers this form of defense knows what it takes to defend clients who are being scrutinized legally and professionally. Make sure you understand your rights and the process of law in this respect. Contact Los Angeles criminal defense attorney, Jance Weberman, or call the firm at (213) 386-9100 today.