White Collar Crime
Commercial fraud, consumer/internet scams, E-scams & warnings, identity theft, credit card fraud, phone/telemarketing fraud, adoption scams, work at home scams, jury duty scams, healthcare fraud, insurance fraud, Medicare fraud, bankruptcy fraud, mail fraud, stages auto accidents, government fraud, pump and dump stock scams and securities fraud are all examples of fraud-based white collar crime.
There are many other crimes, however, that are predominantly identified as white collar crime as well, including the following: public corruption, tax evasion, bribery, counterfeiting, money laundering, embezzlement, kickbacks, environmental law violations, economic espionage, trade secret theft, insider trading on the stock market, illegal pharmaceuticals, antitrust violations, and other forms of dishonest business schemes.
The origination of the term, “white collar crime” has been credited to Edwin Sutherland, who was a sociologist and criminology expert, in 1939. He expounded the theory that those surrounded by criminal behavior, that being blue collar workers, are more likely to commit crimes of a physical, violent nature. Whereas, business executives, who generally wear white shirts with ties, commit the types of criminal violations that are more available to them because of the opportunities their position affords them. Therefore, it was originally used more as a classification for the type of offender. However, the definition expanded over time and now focuses more on the type of offenses involved, which are generally those committed during normally legal business transactions, where dishonesty and cheating are the central components.
Much of society tends to view white collar crime as being less grievous that other criminal offenses, lacking the gravity and heinous nature associated with violent transgressions or even drug-related crimes. Even the punishment differs as white collar criminals are more often sentenced to confinement in minimum security prisons than to maximum security prisons.
Federal law provides the bulk of governance over these types of criminal offenses. Although state governments can and do prosecute them as well, the federal criminal justice system is more capable of handling a broad range of white-collar crimes, especially in cases where the crimes span multiple states, occur nationwide, or even internationally. The U.S. Attorney General, the Federal Bureau of Investigation (FBI) and various other federal agencies employ their far-reaching investigative and prosecutorial services to deal with white collar criminals and their various crimes.
To consult State Legislation regarding white collar crime laws and regulations please see the Criminal Code by State page. Visit us at Google+ Copyright HG.org
White Collar Crime - US
- ABA - White Collar Crime Committee
To develop a "Brady Best Practices" group consisting of public defenders, prosecutors, defense lawyers, judges, ethics officers, academics, and Department of Justice officials which will study and survey the Brady obligations and practices around the country. It will not be confined to White Collar issues and will look at both the state and federal side. The goal of the group will be to propose a model practice for the identification and production, in a timely manner, of exculpatory materials to defendants in federal criminal prosecutions.
- FBI - White Collar Crime
Fraud—the art of deliberate deception for unlawful gain—is as old as history; the term "white-collar crime" was reportedly coined in 1939 by Professor Edwin Sutherland and has since become synonymous with the full range of frauds committed by business and government professionals. Today's con artists are more savvy and sophisticated than ever, engineering everything from slick online scams to complex stock and health care frauds. Here you can learn about the many white-collar crimes we investigate, how to protect yourself from common scams, and what to do if you think you've been victimized.
- Fraud Enforcement and Recovery Act of 2009
he Fraud Enforcement and Recovery Act of 2009, or FERA, Pub.L. 111-21, 123 Stat. 1617, S. 386, is a public law in the United States enacted in 2009. The law takes a number of steps to enhance criminal enforcement of federal fraud laws, especially regarding financial institutions, mortgage fraud, and securities fraud or commodities fraud.
- Health Care Fraud Enforcement Act of 2009
The battle against those who steal taxpayer dollars through Medicare fraud and other health care fraud took a step forward this week. The Senate is now considering the "Health Care Fraud Enforcement Act," which will enhance the government's tools used to investigate and remedy Medicare and Medicaid fraud.
- National Association of Criminal Defense Lawyers (NACDL) - White Collar Crime
The National Association of Criminal Defense Lawyers (NACDL) is the preeminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct.
- National Check Fraud Center - Types and Schemes of White Collar Crime
Your complete source for assistance, information and alert reports regarding counterfeit checks, forgery, check fraud, bank fraud and white collar crimes.
- Office for Victims of Crime - White Collar Crime
The Office for Victims of Crime (OVC) was established by the 1984 Victims of Crime Act (VOCA) to oversee diverse programs that benefit victims of crime. OVC provides substantial funding to state victim assistance and compensation programs-the lifeline services that help victims to heal. The agency supports trainings designed to educate criminal justice and allied professionals regarding the rights and needs of crime victims.
- Public Corruption Prosecution Improvements Act
The Senate Judiciary Committee is considering a bill that would greatly expand the reach of a key "public corruption" offense, an offense that is already far too broad. In fact, the current statute is already so ill-defined that public officials are likely to violate it by engaging in conduct that no one should deem criminal or define as "public corruption."
- Ramos-Compean Justice Act of 2009
H.R. 3327 amends 18 U.S.C. § 3553 to allow a federal court to impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements of § 3553(a), which lists several factors a court must consider when imposing a “sufficient, but not greater than necessary” sentence. The bill was reviewed by the Subcommittee on Crime, Terrorism, and Homeland Security and was forwarded to the House Committee on the Judiciary for full vote on July 28, 2009.
- United States Sentencing Commission - White Collar Crime
The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public.
- White Collar Crime - Definition
Within the field of criminology, white-collar crime or 'incorporated governance' has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" (1949). Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behaviour was learned from interpersonal interaction with others. White-collar crime therefore overlaps with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.
- White Collar Crime - Overview
The phrase "white-collar crime" was coined in 1939 during a speech given by Edwin Sutherland to the American Sociological Society. Sutherland defined the term as "crime committed by a person of respectability and high social status in the course of his occupation." Although there has been some debate as to what qualifies as a white-collar crime, the term today generally encompasses a variety of nonviolent crimes usually committed in commercial situations for financial gain.
White Collar Crime - Europe
- Chasing White Collar Crime Across the European Union Single Market
While law-abiding citizens enjoy numerous benefits from the European single market, white collar criminals see advantages that they can exploit for their own selfish and anti-social behaviour. Furthermore, they perceive a low risk of being caught and punished under an elaborate network of different legislative systems, which are easier to dodge than a judicial complex set up for a single nation State.
Europol is the European Law Enforcement Agency which aims at improving the effectiveness and co–operation of the competent authorities in the Member States in preventing and combating terrorism, unlawful drug trafficking and other serious forms of organised crime.
- UK White Collar Crime - Professional Malpractice
Because white collar crime covers such a broad category of behaviours it was decided that a sharper focus was needed. For that reason, professional practice was chosen. This is also in itself very wide-ranging. It could include, for example, medical negligence, police corruption, solicitor dishonesty, musicians' breach of copyright, plagiarism, and the misrepresentation of scientific findings.
- White Collar Crime Investigation Team's Website
The White Collar Crime Investigation Team's mission is to provide, through the exchange of information and intelligence, an enhanced service to the law enforcement agencies of the United Kingdom Overseas Territories, United States of America, and United Kingdom in the investigation of significant fraud and financial crime, including money laundering and seizure of criminal assets.
White Collar Crime - International
- Canada - White Collar Crime
Fraud can include securities-related frauds such as Ponzi schemes, insider trading, and accounting frauds that overstate the value of securities. It also includes mass marketing fraud, mortgage and real estate fraud, and many other deceptive practices. There are always two elements that characterize fraud - deception or some other form of dishonest conduct, and depriving another person of their property or putting their property at risk.
- Fighting White Collar Crime - Asia
One trend I am observing is the huge interest in Hong Kong in rogue traders and white collar crime – and how CEP can be used to detect and prevent this – before it moves the market. Obviously the original rogue trader, Nick Leeson, is well known here. But there has been a great deal of interest in more recent goings-on, at firms such as SocGen. Amazingly, until a couple of years ago, insider trading was not illegal in Hong Kong.
- Globalization and the Federal Prosecution of White Collar Crime
Omitted from most of the recent discussions on the federalization of criminal law is the impact of federal investigations and prosecutions involving international activities. This essay specifically focuses on the international flavor developing in the prosecution of white collar crime. It discusses statutes with clear legislative language indicating extraterritoriality through either a direct international focus (Foreign Corrupt Practices Act), or through the specific incorporation of an extraterritorial provision in the statute.
Organizations Related to White Collar Crime
- National Criminal Justice Reference Service - White Collar Crime
NCJRS offers extensive reference and referral services to help you find answers to your questions about crime and justice-related research, policy, and practice.
- National White Collar Crime Center (NW3C)
The mission of the National White Collar Crime Center (NW3C) is to provide training, investigative support and research to agencies and entities involved in the prevention, investigation and prosecution of economic and high-tech crime.
- White Collar Crime Fighter
White-Collar Crime Fighter brings you expert strategies and actionable advice from the most prominent experts in the fraud-fighting business. Each month you’ll learn about the latest frauds, scams and schemes... and the newest and most effective fraud-fighting tools, techniques and technologies you can put to work immediately to protect your organization.
- White Collar Fraud
Learn from a convicted felon about white collar fraud. I teach law enforcement, government entities, businesses, professionals, and students about white collar crime and train them to catch corporate miscreants. I do not teach about ethics or redemption. Rather, I teach about the immorality and unethical behavior of white collar criminals from my own cold-blooded experience and how to deal with such menaces to society. In addition, I provide forensic accounting, financial reporting analysis, due diligence, litigation support, and research on companies for certain clients.
Publications Related to White Collar Crime
- The Battle against White Collar Crime
ONE IN THREE American households are victims of white-collar crime, yet just 41% actually report it. Of those reported, a mere 21% made it into the hands of a law enforcement or consumer protection agency. This means that less than eight percent of white-collar crimes reached the proper authorities, according to the National Public Survey on White Collar Crime, a groundbreaking survey conducted by the National White Collar Crime Center (NW3C), a nonprofit, Federally funded organization that supports state and local police in their efforts to prevent, investigate, and prosecute economic and high-tech crime. For consumers and businesses alike, these statistics are unsettling as the threat of white-collar crimes invades our new, high-tech society.
Articles on HG.org Related to White Collar Crime
- Voluntary Compliance #1 Goal for 2013, Reports Hawaii Department of TaxationThe Hawaii Department of Taxation has announced its goals for 2013, and the #1 goal is to increase voluntary compliance. The Department is going to focus its outreach and enforcement efforts on non-compliant groups, including non-residents and persons "new" to the tax system.
- Marietta White Collar CrimesIn recent years, white collar crimes are on the rise due to easier accessibility to private information on the internet allowing for fraud, identity theft and embezzlement. Penalties can be harsh for this offense without the help of an aggressive attorney.
- Dishonestly Cause a Loss in VictoriaHave you caused a financial or property loss in Victoria? You could be charged with “Dishonestly Cause a Loss”. Find out the elements of this Commonwealth offense and what you should do in case you get charged.
- What are White Collar Crimes?A question we get asked on our website all the time is, what are white collar crimes? With the rise in today's technology it's highly likely that you or someone you know has been a victim of a white collar crime from counterfeit currency to identity theft. Continue reading this article to understand more about the most popular forms of white collar crimes.
- Learn More about White Collar CrimesIf you have been charged with a white collar crime, there are several defenses that can be used to save you. Get in touch with a defense lawyer as soon as you can. When a businesswoman or a businessman commits a crime at a business, it is referred to as white collar crimes. Such crimes may also include crimes like fraud and embezzlement. Sociologist and criminology expert Edwin Sutherland came up with this term in a speech that he gave in 1939.
- White Collar Crime FAQsThe majority of my practice focuses on the defense of federal white collar crimes, which can be a confusing area of law for people who are unfamiliar with the system. In that vein, I've compiled some basic questions and answers regarding white collar criminal defense to help shed some light on the process.
- Right to a Fair TrialIn recent decades, the likelihood of an arrest leading to a conviction has generally risen. Some defendants think that they can "beat the system" on their own. Those who have been through the criminal court system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic and to avert the impact of a criminal conviction.
- Constitutional Right to CounselThe Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
- Georgia Taxpayer Protection False Claims ActThe Georgia Taxpayer Protection False Claims Act (GTPFCA) went into effect on July 1, 2012. The GTPFCA models the federal FCA, but also contains some provisions that are unique. - —Liability and Damages Provisions - The liability and damages provisions under the GTPFCA are similar to those under the federal FCA. For example, an individual will be liable for knowingly presenting or causing the presentation of a false or fraudulent claim for payment or approval, or...
- Indiana False Claims and Whistleblower Protection ActIndiana passed the Indiana False Claims and Whistleblower Protection Act (IFCWPA) in 2005. The IFCWPA generally models the federal FCA, but contains some differences. —Liability and Damages Provisions - Generally, an individual will be liable under the IFCWPA for the same violations as the federal FCA. For example, an individual will be liable for knowingly or intentionally presenting a false claim to the state for payment or approval, or...
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