Federal prosecutions are increasing for White Collar Crime. If you face this crime, it is a serious legal matter that has to be taken seriously. Penalties can be high. Call Alliant Law Chicago for a free consultation.
“What is the white collar crime?”
White-collar crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”.
Many white-collar crimes usually involve multiple witnesses and complex financial documents. The government will be hard at work digging up incriminating financial information in an effort to prove you are guilty. Our goal is to prepare the strongest case possible the moment you realize you are suspected of a white-collar crime. We work to prove your innocence.
Our attorneys can effectively represent clients for all white-collar crimes, including:
- Bribery
- Computer Hacking
- Conspiracy
- Counterfeiting
- Embezzlement
- Extortion
- Forgery
- Fraud
- Money Laundering
- Mortgage Fraud
Criminal Penalties
The criminal penalties for white collar crimes vary. Most of the laws authorize a monetary fine, a prison sentence or a combination of the two. The criminal laws authorize maximum penalties, which are often quite severe. Most defendants, however, receive less than the maximum sentence. Courts often follow sentencing guidelines, which may vary depending on the jurisdiction. These guidelines are meant to ensure that criminal sentences are uniform, so the sentencing judge is often given very little discretion on the sentence imposed. The guidelines take into account the crime for which the defendant has been convicted, and any prior criminal record of the defendant. In some cases, the court may consider factors that will allow it to depart, or impose a sentence different from the sentence required by the guidelines.
Defendants without a significant criminal record may be sentenced to probation, a suspended jail sentence or a jail sentence far shorter than the maximum. They may have fines levied against them, and may be required to forfeit any profits or pay restitution to their victims.
The “Easy Time” Myth
There is a common belief among many members of the public that defendants convicted of white collar crime get to do “easy time” in comfortable, minimum-security institutions. This is a myth.
While many sentences for white collar crimes are served in minimum-security institutions, there is no guarantee that this will happen. The decision on where a person convicted of a crime serves his or her sentence is usually a matter left to the discretion of the correctional authorities (in the federal system, this is the Federal Bureau of Prisons). While efforts are made to place prisoners in an appropriate facility, there is no certainty that a white collar defendant will always be in a minimum-security prison.
Civil Liability
A civil case that arises out of a white collar criminal prosecution could be brought by the government, by the victims of the crime or by both.
A civil action brought by the government might seek disgorgement, or turning over to the government, any profits obtained because of the crime, restitution or repayment, to the victims of the offense or other damages that may be provided by law. In some cases, the government may be able to seek asset forfeiture, which means that anything purchased with the proceeds of the offense would be seized by the government.
Victims of white collar crimes may choose to bring their own civil actions. These actions would seek to recover for any financial losses suffered because of the offense.
The potential for civil liability in addition to criminal liability is an added, troublesome factor to consider when preparing to defend a white collar criminal prosecution. It is important to consult with an experienced attorney who has experience with criminal and civil white collar actions to learn more about potential liability.
To seek representation by an experienced federal defense attorney, contact the Chicago law office of the Alliant Law by calling (708) 366-9900. Consultations are free and confidential.