The term white-collar crime is used to define offenses committed using fraudulent schemes. The most common types of crimes include forgery, theft, embezzlement, corporate fraud, insurance scams and money laundering. White-collar crime was a phrase originally coined in 1939 when Edwin Sutherland gave a speech to the American Sociological Society. He defined the term as crimes that were committed by people of respect and who held high social status due to their level of occupation. These crimes are often difficult to prosecute because the perpetrators use very sophisticated means to conceal their illegal activities through complex transactions.
All information provided for reference purposes only, contact an experienced NJ Criminal Law attorney for additional details.
State Penalties For White Collar Crimes
Each state has their own unique set of laws that define the penalties for committing white-collar crimes. For example, the State of Washington considers the theft of a search and rescue dog while the animal was on duty to be prosecuted as a Class B Felony offense. An individual convicted of first-degree theft can face up to ten years in state prison and fine up to $20,000. Michigan punishes offenders more severely if they embezzle funds from a non-profit or charitable organization. These crimes carry felony penalties and the prison sentence will depend upon how much money was stolen. Theft of $500 or less in the State of Utah results in a Class B misdemeanor charge and if convicted, the defendant will spend up to six months in county jail and fined $1,000.
RICO Statute in Prosecuting State & Federal Crimes
The United States Congress passed the Racketeer Influenced and Corrupt Organization (RICO) Act on October 15, 1970. This groundbreaking legislation was originally aimed at destroying the criminal activities conducted by the Mafia. RICO is primarily used to prosecute businesses, individuals and political groups that commit fraud or engage in terrorist activities. To obtain a conviction against a defendant, prosecutors must prove that the accused is guilty of violating 2 out of the 35 statutes within a ten-year period. RICO offenses are defined as the following acts:
- State laws against arson, bribery, extortion, gambling, kidnapping, murder and dealing in controlled substances or obscene matter.
- Criminal acts of bribery, counterfeiting, embezzlement, fraud, money laundering, obstruction of justice, murder for hire and other crimes outlined in Title 18 of the Federal Criminal Code.
- Bankruptcy and securities fraud
- Embezzling union funds
- Money laundering and drug trafficking
- Illegally smuggling aliens for financial gain
- Acts of terrorism
The goal of RICO was to punish individuals who used an enterprise to engage in criminal behavior. This typically included extortion, loan sharking and transporting stolen goods. Upon conviction, the defendant must forfeit any assets gained during the commission of the crimes. They face a possible sentence of 20 years in prison for each violation.
Defending Against Criminal Charges
Corporate executives and business owners may find themselves the target of a federal investigation for committing wire fraud or tax evasion. Individuals can be charged with criminal conspiracy for doing business with others who are engaged in criminal activities. Anyone who has been charged with a crime should seek the advice of an experienced criminal defense lawyer. The above information is provided as a courtesy and is not intended as legal advice.
Originally posted 2011-06-24 02:22:37. Republished by Old Post Promoter
