White Collar Crime: An Overview

 Posted on March 05, 2018 in White collar crime

Many people in Illinois have heard the term “white collar crime,” although they are unsure of its true definition. In this case, some think of investment bankers embezzling millions from their corporate office. Or, others maythinkof someone forging a document. Ultimately, white collar crime includes a wide variety of crimes. Due to the severity ofthe penalties, it is imperative that you reach out to an attorney immediately for helpif you are facing white collar crime charges.

What is white collar crime?

The FBI characterizes white collar crime by deceit, concealment, or violation of trust. There is no need for there to be a threat of physical force or violence. White collar crime usually involves theft or retrieval of financial assets with the intent of personal gain. This includes the theft or retrieval of data, too, not just monetary assets.

Technically, white collar crime is not a formal category in the law, but an assignment to a group of crimes that share similar characteristics. White collar crime is usually attributed to professionals who commit a crime in a business setting. Examples of white collar crime include the following:

• Theft, including identity theft;
• Bribery;
• Check fraud;
• Counterfeiting;
• Embezzlement;
• Tax evasion; and
• Insurance fraud.

There are more crimes that fall under the umbrella of white collar crime, but the above are a few of the more commonly committed crimes.

Penalties for Committing White Collar Crimes

Just like other crimes, there are varying degrees of severity in white collar crime. The bigger the crime, the bigger the punishment. Common punishments include probation, fines, community service, restitution, property forfeiture, and imprisonment. Courts have sentencing guidelines for each crime to give a guide of what the proper punishment should be, with the ultimate goal of having a consistent sentencing policy for the same crime.

Defense to White Collar Criminal Charges

There is a wide range of defenses available, depending on the crime. Common defenses like insanity, duress, incapacity, or intoxication are available. One of the most common defenses is entrapment. Entrapment is when a government actor presents an individual with the opportunity to commit a criminal act. This criminal act would not have otherwise been committed had the opportunity not arose.

725 ILCS 5/7-12 states that a person is not guilty of a crime if their conduct is incited or induced by a public officer, or their agent, for the purpose of obtaining evidence against them.

Speak with an Aggressive Criminal Defense Lawyer in Illinois Today

If you have been charged with a white collar crime, you need the support of a legal team that is dedicated to you. At the Law Offices of Christopher M. Cosley, we have the experience and skill to defend you. Talented Rolling Meadows criminal defense attorney Christopher Cosley will provide you with an excellent defense. Contact us today for more information.

Sources:

https://www.fbi.gov/investigate/white-collar-crime

http://www.ilga.gov/legislation/ilcs/documents/072000050K7-12.htm