The term “white-collar” crime first came about in 1939 in reference to the status of the perpetrator in question. Often times, these are crimes that are committed by “a person of respectability and high social status in the course of his occupation.” This may be in regard to professions such as business, finance, or government positions. For a long time, these offenders rarely faced consequences to these crimes. This is because they were seen as “victimless” crimes that were committed by high profile people. Over time, this has changed and offenders now face the possibility of jail time in addition to expensive fines in response to these crimes. Individuals who are under investigation or have been arrested for a white-collar crime should enlist an experienced attorney to assist their case.
Types of White Collar Crimes
Examples of white-collar crimes can include but are not limited to:
- Identity theft
- Credit card fraud
- Mortgage fraud
- Insurance fraud
- Employee theft
- Bad checks
- Gambling offenses
- Ponzi schemes
Often times, these offenses are brought up as federal charges. This is because they involve government agencies such as the FBI and IRS, as well as others.
Defense Against White-Collar Crimes
When a person is charged with a white-collar crime, it is possible for them to face very serious consequences if they are convicted. To prove a white-collar crime, it is required for two things to be shown: illicit gains and criminal intent. In these circumstances, it is important to retain an experienced attorney to help navigate the case. This is because it can be possible to negotiate restitution or probation instead of a jail or prison sentence.
White-collar crimes are typically heard in the Federal Court. Because of this, the offenders of these crimes face federal sentencing guidelines if convicted. These guidelines were established by the United States Sentencing Commission to address an inconsistency between each judge’s sentencing. They exist to make sure a judge’s sentencing is uniform and fair for each offender. The guidelines calculate the penalty of an offender depending on their criminal history in conjunction with the nature of the charge in question. There are 43 different offense levels, 6 criminal history categories, and 4 sentencing zones that determine an individual’s punishment if they are convicted.
Contact our Firm
If you or someone you know is facing a white-collar crime conviction, contact REM Law Group P.C. today.
If you or your family member has been charged with a white-collar crime, having an experienced criminal defense team available to advocate on your behalf is crucial. The Rem Law Group, P.C. is here to help. Contact our firm today.