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One of the most important things in intellectual property is to understand the value of an idea or an invention. Let’s take one of the most prominent ideas in the history of mankind – the personal computer. It is well known that the idea of personal computer was rejected at first. IBM was dominating the market and they considered the PC to be a failure. Xerox instead developed stuff like Operation System and even the first mouse in one of its labs. But the executives were too focused on copying machines and also rejected the project. All the inventions fell into the hands of Steve Jobs and he released the first Mac. The market basically exploded and today we have a PC in almost every home. Xerox hasn’t received ad dollar, because the patents were not made at the required moment.

Before moving to ways of protecting intellectual property at first let us define the term. Intellectual property is unique items (or ideas) created by you, that provide an economic benefit. It can include inventions, designs, original works of authorship and even trade secrets. To choose the right protection you need to define the property you have. There are three general ways to protect it.

The first way is Patenting. It is the best way to protect your invention. There are two difficult moments in patenting. First one is to obtain the patent. The best solution will be to find a lawyer experienced in patent law, he will help you determine that your invention is unique and it has no problems with the already patented stuff. There are actually many not obvious things like a patent for a certain type of devices for example. Receiving a patent will allow you guarantee that no third parties will manufacture or sell your product. The second problem is patenting an invention made in a company. But this must be solved in the work arrangement, so basically a good consultation for the work arrangement can provide you with more rights to your inventions.

Second are Copyrights. It can be used for protecting original works of authorship like literary, musical, and dramatic works, as well as photographs, audio and visual recordings, software, as well as some other intellectual works. Copyright protection begins as soon as the work is fixed in a tangible medium. After that the author can protect his work with a copyright symbol. It will serve as a warning label for everyone who wants to steal the property and will help in seeking
court enforcement of your copyright

The third thing is Trademark, it is used to protect the name of your product by preventing others to sell or manufacture a product under the same name. In this type of protection an attorney with experience in intellectual property will help you. It is well known that a good name for a product is important, so protection of your name must begin even before the name is invented. Before developing a brand name you need to check if this name isn’t already registered, or sounds confusingly similar with a registered name (this is also protected by trademarks). After that you can develop your brand name and register it.

If you were a competitive athlete, you would want to know everything you possibly could about your competitor. Make no mistake about it, legal marketing is as competitive as any sport. A well-prepared prize fighter will know the facts about his opponents’ height, weight, reach, wins, losses, training schedule, etc. A well-prepared trial attorney will not only study their case, but also their opponent.

Marketing your law firm consists of quite a bit of information gathering; learning about top competitors is one of the first steps. Below is a list of ideas your firm can use to become acquainted with your competitors and to gain an important edge in law firm marketing.

1. Review and analyze their website. You will be surprised what a law firm will reveal on their website. Studying their website will give you some important clues about their level of professionalism too. Is the website well-written? Is it written in language most prospects will be able to easily understand?

2. Call (or enlist a friend’s help to place the call) and interview their associates as a potential client. Be prepared with a list of questions before you place the actual call. Choose questions that will reveal important data about the competition. If you make the call yourself, be careful not to sound too “well-informed” by using technical legal jargon. A simple telephone call may produce a wealth of information about the competitions’ law firm marketing techniques.

3. Ask them to mail you some information about their law firm. The type of legal marketing material they send out will speak volumes about who they are and how they conduct business.

4. Sign-up for their online newsletter or e-zine (using your personal email address, of course)

5. Use Google to further bolster your law marketing strategic planning. Type in the keywords and phrases someone would use to find your practice area. For example, LA PI lawyer or a Real Estate Attorney Chicago or a Estate Planning Lawyer in Manhattan. Study the top ten websites that come up. These are your most aggressive online competitors because they didn’t get there by mistake.

6. Talk to local recruiters to find out if they are hiring. Recruiters are a great resource; they often talk to clients daily and can give you the inside info.

7. Review local newspapers and trade magazines to see how “visible” they are.

8. Ask fellow attorneys what they know about the competition. If they have had business dealings with them, get as many details as possible.

By all means, do not be afraid to ask questions and to investigate as much as possible. Your successful competitors, no doubt, are learning about you too if they are using the best law firm marketing techniques.

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Intellectual property (IP) is a catch-all term that covers creations of the mind, or intellect, that are both commercial and artistic in nature.

There are two categories of such property, the first of which includes creative works such as books, movies, music, paintings, photographs and software. These are covered by copyright laws, which offer copyright holders the exclusive right to control the adaptation or replication of the works for a certain statutory period of time.

The second category, known as “industrial properties,” includes those things created for industrial or commercial uses. Patents give the inventor and/or patent holder the right to stop others from using the invention unless they pay a license fee (again, for a certain period of time). Trademarks, also a kind of industrial property, are distinctive signs that reduce the confusion among similar kinds of products.

“Intellectual property rights” includes, as a subset, industrial design rights, and these protect the particular appearance, design, form, style or design of industrial object from various kinds of infringement, such as being cloned, copied or counterfeited. Another type of intellectual property is a trade secret, meaning proprietary, normally confidential information about the commercial products or practices of a business. Disclosing trade secrets to the public without permission is illegal in most jurisdictions.

A short history lesson
If creators of intellectual property were not protected, they would have little incentive to continue researching and developing products for public use, and would tend to keep things secret. Therefore, economic growth in the industrialized nations is, to a large extent, dependent on the protections afforded inventors, writers and artists by IP laws.

According to some economists, some 60-70% of the value of large U.S. corporations is attributable to intangible assets. Even more important is the recent finding by a UN study group that found “a positive correlation” between stronger IP legislation and subsequent growth of the economy. Of course, correlation is not causation, but the observation is an important one. Clearly, the establishment of a legal framework to protect intellectual property is an important step in the maturation of the younger, Pacific Rim economies, as well as the countries of the former Soviet Union.

In point of fact, intellectual property rights are really a simple form of temporary monopoly that is enforced by the government, and subject to the legal proceedings of that government’s judicial system. The more mature and ingrained this outlook is in a nation and economy, the better.

Types of goods
Rights in intellectual property are normally limited to what are called “non-rival” goods, meaning goods that are used by a number of people at the same time, where use by one person neither prevents nor excludes use by someone else. On the other hand, “rival” goods, such as clothing, are used by just one person at a time. By way of analogy, any number of people can use a math formula or a cake recipe simultaneously. This explains some of the objections to the term “intellectual property,” as some legal experts assert that the term “property” can only be applied to rival goods, or that it is not possible to “own” property of any other kind.

Because “non-rival” goods can be copied, for instance, by many people at the same time – in economic terms, “produced at zero marginal cost” – creators have no incentive at all to develop such works. Of course, monopolies also have their own inefficiencies, as some producers will raise prices and reduce production in ways that are not “maximized” for social benefit.

The intellectual property rights system, then, is best thought of as a trade-off, one meant to balance societal interests with monopoly power in the creation of non-rival good. In other words, the developing IP structures encourage research, development and creation of new things, new products, new ideas, and new processes.

Making these trade-offs and strategizing IP issues, as an industry or even a nation, is a daunting task. The best hope we have is that a string of judicial decisions and business actions will chart a course through the confusion. In the meantime, it is important to remember that the existing framework is not set in stone, and is subject to changes both subtle and dramatic. The best advice for those working in this milieu is to have a good lawyer, stay on top of the IP court decisions and document everything – research, rulings, recommendations and, finally, a comprehensive listing of IP rights as they continue to take shape in the U.S. and around the world.

Criminal law always follows right after civil law and in most cases the government will file a lawsuit in a civil trial is not successful.there a many offenses that fall under the category of criminal law such as treason and espionage which falls into crimes against any one state. If you rape, murder or assault this falls into a crime against any one person. It allows you to punish the person who has committed a crime whether it is against any person or any state. There are many lawyers that specialize in criminal law and if you are in need of an attorney you want to find one that knows this type of law.

Find Free: Criminal Record Search

Learning about criminal law is easy to do once you have the right material to educate yourself. In some cases you may live in a neighborhood and want to know if there are any registered criminals that live in your area. You can go online and find a police record search that can help you get this information. It is always a good idea for you to be informed and know what the laws are so that you and your family can be protected. In many cases someone who commits a criminal offense will have to stand trial and accept whatever punishment the court decides.

Free: Search Persons Identity

Remember there are many reasons for you to educate yourself about criminal law. You may have defined an attorney one day they can help you or a family member who may be in trouble. It is always best to find a lawyer who is an expertise in this particular area of law.

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Here is La Quinta Business Lawyer Sebastian Gibson’s Top Ten:

1.The Vice President is in charge of the Senate.

2. The President must be a woman.

3. No more interviews of politicians.

4. The democratic party is outlawed.

5. Only one news channel – Fox News.

6. Any more fake calls from disc jockeys pretending to be the President of France and Canada is out of NAFTA, whatever those initials stand for in the constitution.

7. All turkeys are pardoned.

8. Snowmobiles should be used in place of cars throughout the U.S.

9. Anytime a woman is elected governor in Alaska, she automatically becomes the President two years later.

10. Rewrite the whole darn constitution with PTA moms in charge this time.

Now here is everything (well, almost everything) you need to know in businessabout environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.

You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words La Quinta business lawyer or La Quinta business attorney to your search terms and looking for other articles by Sebastian Gibson.

You can also learn more about any of these business areas of law and how we can assist you as La Quinta business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  .

1. Environmental and Toxic Tort Law in La Quinta – With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified La Quinta environmental attorney.

2. La Quinta International, Shipping and Maritime Law – A La Quinta international attorney with years of international legal education and experience such as you’ll find at our La Quinta law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a La Quinta international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between La Quinta international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.

3. La Quinta Election and Campaign Finance Law – If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a La Quinta election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.

4. La Quinta Consumer Law and Class Actions – If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a La Quinta consumer lawyer is immediately in order to avoid being scammed, or defrauded. A La Quinta consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a La Quinta consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.

5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in La Quinta – Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a La Quinta constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.

6. Food and Wine Law, Hotel and Restaurant Law in La Quinta – Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a La Quinta food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.

7. La Quinta Estate Planning, Wills and Trusts – The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a La Quinta estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.

8. Water, Agricultural and Natural Resource Law in La Quinta – It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a La Quinta agricultural lawyer with knowledge in this areas is before the issue becomes critical.

9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in La Quinta – As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our La Quinta law firm stands ready to defend them

10. La Quinta Education Law and Child Accidents – A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our La Quinta personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.

If you have a legal matter in La Quinta, Palm Springs, Palm Desert, Coachella, Rancho Mirage, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our La Quinta law firm has the knowledge and resources to be your La Quinta Lawyers and your La Quinta Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.

Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in La Quinta or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how a La Quinta attorney from our offices can assist you.

Intellectual property law is the law that governs rights in creative works and inventions. The most common such rights are patents, copyright and trademarks.

COPYRIGHT
Copyright is a right which gives the creator of an original work exclusive rights to it. This right extends to most literary, dramatic and art forms. Copyright is not indefinite, but rather last for a limited period. This period will vary depending on the type of work, and ranges from 25 years from the date of publication to 70 years from the date of death of the author. Copyright exists automatically, and does not require any form of registration for the creator to have copyright protection.

PATENTS
A patent represents a series of rights granted by a national government, which effectively grants the patent holder protection and exclusive exploitation rights in connection with an invention. Not everything can be patented; patents will only be granted for something which is an invention, and which are novel, inventive and useful or industrially applicable.

Where a difficulty arises in UK law is in deciding whether something is an “invention”. For any invention involving a tangible, physical object, this is rarely an issue, but the law is reluctant to apply to the status of “invention” to intangible processes or systems. This is usually extended to computer software, which is notoriously difficult to patent (although it will be subject to copyright).

Patents can be obtained in the UK and other countries. There are also international patent-granting authorities, such as the European Patent Office and the International Patent Office. Many countries around the world accept the validity of internationally granted patents. Patent registration is a highly specialised area and is generally handled by expert patent attorneys.

TRADEMARKS
A trademark is a distinctive indicator used by a business to identify itself. This may simply be a word or phrase, but it may also be a logo, sign or image. Trademarks can be registered for extra protection, but even if a trademark is unregistered the owner still has significant protection against its use by a third party, if the trademark owner can demonstrate established use and the perception in the eyes of the public of the association of that trademark with the trademark owner.

There are also rights in UK and European law to protect rights in designs. This can be useful for a business producing goods which are of a specialist or distinctive appearance.

All of the above is collectively referred to as intellectual property rights. Such rights can generally be sold or transferred permanently or, if the original owner wishes, to remain the owner, but is willing to allow others to use the rights, they can be licensed permanently or for a finite period, with the licensee acquiring exclusive or non-exclusive rights, as agreed between the parties.

Intellectual property rights can often be significant in corporate mergers and acquisitions; it is common for the main imperative behind the acquisition of a company to be the securing of the intellectual property rights owned by the company. It is therefore important for any business which is reliant on intellectual property to take the necessary steps to protect and secure that intellectual property, in order to preserve the value of the business.

When looking for an intellectual property solicitor it’s advisable to seek out a law firm that has extensive experience and expertise in dealing with intellectual property matters, including in the licensing and transfer of rights and handling disputes around alleged infringement of rights. A good intellectual property solicitor will take a realistic and commercial approach to your needs and ensure that they understand your business and the way it operates, in order to understand the value of the intellectual property right to you and best methods for protecting it.

No matter where you live, whether it is in San Diego, Orange County, Los Angeles, La Jolla, Del Mar, Pacific Beach, Carlsbad, Oceanside, San Marcos, Mission Beach and Escondido or the cities of Huntington Beach, Anaheim Hills, Yorba Linda, Buena Park, Anaheim, Santa Ana, Irvine, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, unless you haven’t turned on the television or read a newspaper during the 2008 Presidential election, or looked at the internet, you have seen claims by the Republican campaign that the publishing media is biased.

Attacking the media has long been a tactic of national candidates. In this election, once again, we have seen this tactic employed, yet with little of the success it enjoyed in previous Presidential campaigns.  As an election and  constituitonal lawyer, one can only applaud this lack of success in the use of this tactic in this election.

For the most part in this Presidential campaign, one candidate has been leveling these attacks on the press with regularity and with increasing anger, John McCain. While newspapers expect this to some extent, the public that is not wedded to one side of the fence or the other appears to be tiring of the attacks.

Recently, John McCain denounced the New York times in the strongest words, following a Times report that McCain’s campaign manager, Rick Davis, had been pain nearly $2 million by mortgage entities Fannie Mae and Freddie Mac. McCain’s chief strategist, Steve Schmidt said the New York Times is no longer a journalistic organization but is 150 percent in the tank for Barack Obama. Schmidt earlier attacked MSNBC as being an organ of the Democratic National Committee, and said the news media are on a mission to destroy Sarah Palin.

Unfortunately for John McCain, it has since been reported in the press that McCain’s campaign manager’s lobbying firm owned by his campaign manager has received $15,000/month for nearly three years and that and that the campaign manager was paid $30,000/month for nearly five years by an advocacy organization that he headed and which was financed by Fannie Mae and Freddie Mac to fight regulation. It has further been reported that McCain’s senior advisor, his campaign’s vice chairman, and his Congressional liaison, also made large sums of money from Fannie and Freddie lobbying or were in firms that did.

In an apparent attempt to deflect attention away from his mistaken attack on the New York Times story, McCain then announced he was suspending his campaign to immediately fly to Washington after awaking that morning to find a report in the Washington Post that he was behind in the polls by nine points. Soon after attempting to criticize that finding, and knowing what the disaster Sarah Palin’s interview with Katie Couric would be aired that night, McCain chose to dump his appearance on the David Letterman show, upstage the Couric interview with his own interview on the CBS News, and announce the suspension of his campaign that was in reality, never a suspension.

In hindsight of course, McCain’s actions were a huge error in judgment. His dilly-dallying around New York after ditching Letterman were picked up on and hammered at him unmercifully for two nights on the David Letterman show and later on the Daily Show, other news shows, on the internet and in the press. By the time he arrived the next day in Washington, it had already been announced that there was bipartisan support for the bailout bill, that just as quickly dissipated upon his arrival. It was reported that his campaign had not been suspended and Letterman, among others joked at his expense why he must have felt he could not leave his campaign in the hands of Sarah Palin, when she was seen incapable of answering simple questions put to her by Katie Couric. And after announcing he would not take part in the debate until there was either a bailout bill or great progress toward one, he had to fly back from Washington for the debate with no bailout bill in hand and Congress much less united than when he had arrived.

In the past, attacking the press has proved fruitful for Presidential candidates. This time the attack is falling on deaf ears and has either been the exception to the rule that it will help a candidate, or there is a change taking place in what a candidate risks if he is wrong.  As an election, campaign, publishing, marketing, media and constitutional law attorney, one can only conclude that negative attacks by the candidates are not working as they used to, whether it is against the media or against the other candidate.  The public has become weary of such tactics and it is showing in the polls.

Visit the Sebastian Gibson Law website at http://www.SebastianGibsonLaw.com . If you have a publishing, literary, first amendment, media, marketing or constitutional law issue, come to an experienced law firm who can represent you as your California Publishing Lawyer, your San Diego Constitutional Attorney and your attorney throughout Southern California. We have the resources and knowledge to represent you from San Diego to Orange County, from Huntington Beach and Newport Beach to Long Beach, Santa Monica, Ventura, Santa Barbara and San Luis Obispo. We also represent clients inland from Anaheim to Temecula, from Rancho Cucamonga to Palm Springs and Indian Wells.

1. What is White Collar Crime?

White Collar Crimes include: Antitrust Violations, Bank Fraud, Bankruptcy Fraud, Bribery, Computer/Internet Fraud, Credit Card Fraud, Counterfeiting, Economic Espionage, Embezzlement, Extortion, Forgery, Insurance Fraud, Money Laundering, Securities Fraud, and Tax Evasion. These are generally non-violent acts that involve some type of deception, most often committed by those in business or public office.

2. Can only businessmen be charged with white-collar crimes?

The early definition of white-collar crime focused on the status of the offenders when it identified them as professionals or businessmen. However, the current definition of white-collar crime focuses on the actions committed and not on the vocation of the offender. White-collar crime is using illegal acts involving deceit to obtain property or services or to gain a business or professional advantage. Drug dealers have been charged with the “white collar crime” of mail fraud when they have delivered controlled substances through the mail. A printer was convicted of securities fraud when he used information he obtained in the course of printing corporate documents to gain an advantage in the stock market.

The RICO Act is generally thought of as a white-collar crime prevention statute. It punishes anyone who engages in a pattern of racketeering to generate income to buy a business or to conduct a business. The pattern of racketeering refers to at least two criminal acts listed in the statute that have a relationship to each other and occur within ten years of each other. Originally passed to control organized crime, RICO has been applied to drug dealers, and other non-organized crime defendants.

3. What are the penalties associated for a white collar crime?

The 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. For example, the maximum possible sentence for credit card fraud is a prison sentence of twenty-five years, and a fine of $250,000. In addition, the court may order forfeiture of anything gained as a result of the fraud.

The maximum penalties are seldom imposed. Most defendants receive a lesser sentence that may, depending on the jurisdiction, be calculated according to sentencing guidelines. 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, and pay restitution to their victims.

An experienced criminal defense attorney is best able to advise you regarding the likely sentence in a particular case.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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