White-collar crime is typically comprised of a variety of nonviolent crimes that are usually committed in commercial settings for the purpose of achieving financial gain. Charges for white-collar crime are typically filed against individuals, but other cases result in multiple individuals and even corporations becoming sanctioned for offenses. The penalties for white-collar offenses include fines, house arrest, community confinement, forfeitures, restitution, paying the cost of prosecution, supervised release, and imprisonment. If you have been arrested for and charged with white collar crime offenses in Florida, it’s important that you contact an experienced criminal defense attorney in Gainesville to ensure that your rights are protected.
What Is White Collar Crime?
According to the Federal Bureau of Investigation (FBI), “white-collar crime” was reportedly coined in 1939 and has since become synonymous with the full range of frauds committed by business and government professionals. White-collar crime is generally non-violent in nature and includes public corruption, health care fraud, mortgage fraud, securities fraud, and money laundering, to name a few. White-collar scams can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three).”
Fraud
Fraud is an intentional misrepresentation of a material fact which is made by one person to another with the knowledge of falsity and for the purpose of inciting another person to act, resulting in damage and/or injury to the victim. An omission or intentional failure to make known material fact, from which non-disclosure makes misleading other statements are also fraudulent.
Embezzlement
In Florida, embezzlement is defined as theft and/or larceny of money or property (assets) by an individual in a position of responsibility and/or trust over such assets. As such, embezzlement generally occurs within a business and corporate settings. Crimes of embezzlement typically pertain to business leaders, bureaucrats, and elected officials.
Tax Fraud
According to the Internal Revenue Service (IRS), “Tax fraud is often defined as an intentional wrongdoing, on the part of a taxpayer, with the specific purpose of evading a tax known or believed to be owing. Tax fraud requires both a tax due and owing and fraudulent intent.” Also called tax evasion, tax fraud can be charged as either a civil or criminal defense.
Money Laundering
Money laundering occurs when the appearance of legitimacy is created in regard to large amounts of money obtained through illegal activity, such as drug crimes and drug trafficking. The money from the illicit activity is considered dirty, and the process of opening a business or investing in a venture "launders" the money to make it appear “clean.”
Common Types Of White Collar Crime
The most common white collar crimes are different types of fraud, embezzlement, money laundering, and tax evasion. A wide range of offenses qualifies to the category of white collar crime, including the following. If you’ve been charged with white collar crime, contact our Gainesville attorneys for a free initial consultation to help defend your rights.
- Auto Accident Fraud
- Adoption Scams
- Advance Fee Schemes
- Anti-Aging Product Fraud
- ATM Skimming
- Bankruptcy Fraud
- Corporate Fraud
- Credit Card Fraud
- Financial Institution Fraud
- Foreclosure Fraud
- Funeral Fraud
- Gameover Malware
- Grandparent Scam
- Health Care Fraud
- Hedge Fund Fraud
- House Stealing
- Identity Theft
- Insider Trading
- Insurance Fraud
- Internet Fraud
- Internet Pharmacy Fraud
- Investment Fraud
- Jury Duty Scam
- Letter Of Credit Fraud
- Lottery Scams
- Mass Marketing Fraud
- Online Auction Fraud
- Online Auto Fraud
- Online Dating Scams
- Online Housing Scheme
- Phishing
- Ponzi Schemes
- Prime Bank Note Fraud
- Pump & Dump Schemes
- Ransomware
- Redemption/Bond Fraud
- Reverse Mortgage Scams
- Scareware
- Securities Fraud
- Senior Citizen Fraud
- Smishing
- Social Security Card Fraud
- Spear Phishing
- 419 Fraud
- Stock Options Backdating
- Surrogacy Scam
- Telemarketing Fraud
- Telephone Service Fraud
- Timeshare Schemes
- Vishing
- Work-From-Home Scams
What Are The Penalties To White Collar Crime?
Due to the large financial losses these schemes have caused, there is an increased focus by both state and federal law enforcement on such crimes. Prosecutors have routinely sought long prison sentences for those who commit financial crimes resulting in losses to business and individuals. A defendant who is charged under federal statutes with use of communication devices that cross state lines can even make a local embezzlement offense result in a federal matter — federal statutes are typically more severe than regional statutes. With so many different types of offenses, penalties to white collar crime can range from case-to-case.
However, the vast majority of white collar crime is considered serious and punishable by the most stringent laws both within civil and criminal courts. Both under Florida law and federal law, white collar crime convictions often result in significant jail time, but the most severe punishment to criminal defendants who are convicted with white collar crime offenses usually involves substantial monetary losses from imposed fines and confiscation of property. If prison time is not ordered other forms of imprisonment may include home detention, supervised release, or residence in a minimum-security facility.
