Law and Justice

Posts Tagged ‘Crimes’

The term “white collar crime” is used as a type of slang meaning any crime committed in relation to a business. It refers to the stereotypically white collars of men in suits, as opposed to “blue collar” workers in uniforms. White collar crimes can include, but are not limited to:

Bribery: Offering a valuable incentive to persuade someone else to work in your favor.

Counterfeiting: Making a false duplicate of something in hopes of passing it off as genuine. This usually applies to money, checks and stock certificates.

Embezzlement: This is a form of financial fraud that involves secretly extracting money from an account entrusted to you. For example, a financial adviser may siphon money from his clients’ accounts without their knowledge.

Extortion: Gaining property, services or money from a person or company through intimidation or an abuse of power.

Fraud: There are numerous types of fraud including bank, insurance, and credit card, but it generally refers to intentionally deceiving an entity for the purpose of personal gain or causing harm to another individual.

Money Laundering: The practice of creating the appearance that large amounts of money obtained illegally really originated from a legitimate source.

Tax Evasion: An attempt to avoid paying part of your taxes through illegal means.

Although many people probably don’t realize it, white collar crime is often prosecuted to the maximum extent of the law. If you or someone you know is charged with a white collar crime, or if you suspect that you are under investigation, it is in your best interest to contact an experienced criminal defense lawyer in your home state to handle your case.

At the Wade Law Firm, we provide every client with reliable and effective criminal defense representation in state and federal courts. Our team is committed to superior performance and results. Contact our firm today and seek the best legal representation from our experienced attorneys and professional staff. We’re here to help.

This article is for informational purposes only.  You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel.  Neither publication of this article nor your receipt of this article create an attorney-client relationship.

Whenever a person is accused of having committed a criminal act that person risks to have their life change forever, and in many cases it is for the worse. It is, however, a well known fact that a person against whom charges is not in all cases guilty and this is why Canada, the United States of America, and numerous other countries from all over the world consider that every accused person must be considered innocent until proven guilty through evidence, testimonies and so on. Criminal lawyers are the people that work to make a difference in the lives of people accused of committing various crimes and to a person that find him or herself in such a hard position, there is nothing more important than hiring highly competent criminal lawyers that can provide a positive outcome. For criminal lawyers it really does not matter whether or not a client is guilty or innocent and they work hard to obtain the best possible results for their customers. There are certain expectations that each client has to meet such as providing all the information relevant to their cases in a truthful manner without withholding anything, as everything matters in criminal cases. Finding criminal lawyers is not the hardest task in the world but finding the right one for a specific case is not all that easy because there are quite a few criminal lawyers active in Toronto and you have to be aware that some unscrupulous attorneys will promise getting total acquittals for their customers even if they themselves do not believe that a good outcome is possible for certain cases. Experience and expertise are the keys to winning even the most difficult cases but not every attorney benefits from these two advantages so as clients need to do their own research. The best choice is to go for referrals. Always start out by asking people that are close to you and whom you can trust and if you do not get good results by doing this, it is time to diversify your searching methods. With the internet constantly growing, more and more companies have started presented their services on internet websites so that clients can reach them easier. Also, in many cases the wise idea would be to search for a well established Toronto criminal law firm instead of trying to find individual criminal lawyers. The reason is that a Toronto criminal law firm will most likely be able to present their customers with a good number of well versed criminal lawyers that are most suitable for certain cases considering specific charges and more. Also, working with a Toronto criminal law firm will most likely mean that you will be able to benefit not only from years of experience in the criminal law but also specific channels and services that can provide increased chances for success. In regards to the fees required for this type of service, there are really no standards so you will discuss them upfront thus being able to make your decision a little easier if you have a specific budget in mind.

Although there is no set definition of white collar crime, the term is used to characterize a number of nonviolent crimes of dishonesty. These crimes are committed by professionals or entrepreneurs under the veil of legitimate business activity. Today, there is a trend toward tougher punishment for white collar crimes. A recent example is the Bernard Madoff case where Madoff received 150 years in prison. This case is a good example of the effects white collar crime can have on our society.

White collar crime can be charged in different ways depending on the illegal activity. Some criminal activities are prohibited by specific laws while others are prosecuted under one or more general laws criminalizing dishonest behavior. White collar crimes include: embezzlement, false statements, obstruction of justice, bribery, fraud (federal mail, wire, and bank fraud), federal perjury.

Tax evasion is a crime often charged for failing to file a tax return or filing a false tax return because it is interfering with the administration of the internal revenue laws. Tax evasion has been effectively used to arrest and convict persons who have committed more serious offenses but the prosecutor didn’t have enough evidence to press charges on those offenses. For example; Al Capone, Pete Rose and Sun Myung Moon.

In some criminal trials, the prosecutor proves all the elements of a crime but the person accused is not punished because he or she has a valid defense.

Some defendants accused of white collar crimes claim entrapment by the government by claiming they were induced to act, and would not have acted unlawfully otherwise. Another defense used by businesses is that a particular businessperson was acting alone without the authority of the company.

Felonies and white collar crimes can carry the strictest punishments. Federal sentencing guidelines contain a method for calculating fines to be paid by organizations that commit crimes. Businesses that are found guilty of operating for a primarily criminal purpose incur fines equal to their total assets.

California also has laws that allow the authorities to seize property connected with the commission of a crime.

Due to the of lack of monitoring by our government ,our corporations’, as well as individuals has resulted in numerous acts of white collar crimes both large and small. These acts have consequences to our society that will stay with this country for several years to come if not decade’s.

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White collar criminals receive softer punishment for their crimes than street criminals and why this so and Is it fair?

The reason white-collar crimes receive softer punishment is because since these crimes are committed by highly intelligent and well established individuals who are at a good status in society and probably good earners, they are able to afford the best lawyers and manipulate the legal system. Some times they have friends in positions that came help them get a softer punishment where as a street criminal can not afford all that. The factor which also plays a vital role in softer punishment is that these white collar criminal have not used force or physical harm in committing the crime. These crimes are only reported when they are detected and police is only brought in to arrest the criminal. They can go unnoticed if not detected and may never be revealed.

 In my opinion the softer punishment does not serve the purpose at all. It does not deter white collar criminals at all. They may be responsible for killing of many people indirectly but they seem harmless than a normal murderer. They are in fact more dangerous than a street criminal despite the fact that they did not use any physical force. Their actions can be responsible for destroying many families and they get away with it because they are able to afford the best defense. Their punishment should be heavy so people are scared of committing these white collar crimes as well which are equally detrimental towards a society.

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White collar crimes are perhaps the most commonly committed crimes that happen today. And just like any type of crime, white collar crimes come with punishments. Sure, the punishment may not be as harsh as robbing a bank or committing a murder, but the punishments can be quite harsh on a person’s wallet and, yes, there are individuals who do spend time behind bars. Take Martha Steward, for example. She was found committing what can be considered a white collar crime and she ended up serving time for what she did.

But what exactly are white collar crimes? Many individuals wonder what the difference between a white collar crime and other types of crimes. Some don’t think there is a difference at all. The truth is that there is a difference.

What is it?

A white collar crime is a very intricate crime. A white collar crime is a crime committed by a person while working within their occupation. In other words, it is a crime that involves the work that a person is doing. For example, individuals may embezzle money out of the business. This is considered a white collar crime. A cashier may be found dipping into the register. They may just be fired for this crime or the company may decide to take criminal action against them.

One of the most common white collar crimes is bankruptcy fraud. This is where an individual may not report all of their assets when filing bankruptcy. A company may also commit the same crime. This is considered fraud because it is possible to receive money back from the creditors in order to assist in getting back on your feet. If assets are not considered and this money is received, then that can be considered stealing. This is something that seems to be occurring every single day.

Computer crime is also a growing white collar crime. Computer crime can range anywhere from identity theft to insider trading. If it involves a computer that is being used to access the Internet and commit a crime, then it is considered a white collar crime. This is something that poses a very stiff penalty. There are individuals serving prison time for computer crimes and they are serving rather long sentences.

The punishments

Many of the punishments are done in the way of paying high fines for the crimes committed, but it really depends on the crime that has been committed. It is almost inevitable that someone who goes to prison has to pay exorbitant fines as well. This is so they can compensate the individuals they have hurt through their white collar crimes. Some people are so rich that this doesn’t hurt them and they have no trouble getting back on their feet when it is all said and done. But there are other individuals who are not so lucky.

So if you ever hear the term “white collar crime,” you now know what it is. It is a very intricate crime. Usually, a person has to do a lot of scheming and planning when it comes to committing these crimes. Being that they are usually committed in the workplace, they have to find ways to get around tight systems and the eyes of everyone they work with. But the truth is that these individuals are frequently caught. Hardly anyone gets away with dipping into funds or doing other things that result in financial gain for them. The evidence is usually so extravagant that it is hard to get away with one of these crimes. Many systems that businesses implement are simply too advanced to be manipulated for long.