How White Collar Crime Compares to Other Types of Crime

White Collar Crime Defense

“White-collar” work was originally used to describe clerical and administrative job functions. Such workers are generally associated with jobs that don’t require strenuous physical labor. Conversely, “blue-collar” work refers to skilled and unskilled manual labor. These two contrasting classifications of workers typically commit equally dissimilar types of crimes.

Although people generally associate white-collar crime with social status, respectability, sophistication and wealth, the Federal Bureau of Investigation does not take any of these factors into consideration. The FBI defines white-collar crime as “. . . those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.” White-collar crimes can include the following: insider trading, securities fraud, bribery and embezzlement. Basically such crimes are characterized by lying, cheating, stealing and similarly unfaithful behaviors. They involve complex deceit with the intent of capital gain.

White collar crimes are investigated by four different federal agencies: the Internal Revenue Service (IRS), Securities and Exchange Commission, FBI and the Department of Homeland Security. White-collar crimes may be charged at both the state and federal level, can vary from jurisdiction to jurisdiction and depend on the severity of the offense. For example, in a case of embezzlement the value of the embezzled property will be factored into the punishment, along with any prior record, the relationship the individual has with the company and the duration of the crime. If you are facing criminal charges, it is essential to hire a seasoned Jacksonville criminal attorney who specializes in white collar crimes defense. The typical punishment for embezzlement if a prison sentence, restitution to the victim, and a possible payment of interest and period of supervised release. Criminal penalties for insider trading can warrant up to a 20 year prison sentence, and as high as a $5 million fine for each willful violation of the Securities Exchange Act. However, if the individual being charged with insider trading can prove that they were unaware of any violations of rules and regulations imprisonment can be reconsidered and thrown out. Criminal penalties for white-collar crimes vary, but most laws will demand a (usually hefty) monetary fine, a prison sentence or both.

Blue-collar crimes are usually crimes against others in which there is a direct victim. They are known to involve an element of violence, although that does not necessarily need to be the case. These crimes include kidnapping, shoplifting, vandalism, murder and rape. “Victimless” blue-collar crimes include substance abuse, gambling and prostitution.

Blue-collar crimes generally cause more immediate and visible damage to society, therefore they are punished more quickly and usually more harshly than white-collar crimes. Depending on the severity of the crime and the amount of damage that has been done, one may be charged with a misdemeanor or a felony. Examples of blue-collar misdemeanors are petty theft, simple assault and public intoxication. Punishment for such crimes will typically include a short sentencing (less than one year) or alternative sentencing such as community service or a rehabilitation program. Felonies, on the other hand, are more serious crimes that can include arson, battery rape and murder. Such crimes warrant harsher penalties of a prison sentence to exceed one year, and can even result in the death penalty.

Wednesday, October 3rd, 2012 Criminal Defense, federal crimes, White Collar Crime

No comments yet.

Leave a comment