Types
of white collar crimes
White-collar
crime is a term that is usually applied to crimes associated with
business that do not involve violence or bodily injury to another
person. Examples of so-called white-collar crimes are those crimes
generally associated with lending institutions which involve bank
fraud, such as making false statements to obtain a loan, filing
false reports or returns with government agencies, embezzlement,
using the mail or wire communications to defraud, and paying or
accepting bribes.
White-collar
crimes may be prosecuted in state or federal courts, depending upon
whether state or federal laws have been violated. The penalties
for committing white-collar crimes vary, but in some cases they
may be as severe as those prescribed for violent crimes. If you
are questioned by a law enforcement officer or another governmental
agent about possible criminal conduct, it is wise to talk with an
attorney before answering any questions.
What
you tell your attorney is confidential, and the fact that you decline
to answer questions may not be used against you in a criminal proceeding.
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Fraud
Forgery
Extortion
Tax Evasion
Fraud:
The act of obtaining money or property by deceit, trick or a dishonest
act. Most acts of fraud are felonies. Criminal fraud is commonly
perpetrated against the aged and infirm. Fraud commonly involves
a misrepresentation of a material fact upon which the victim relies.
In most cases, the defense to fraud involves establishing evidence
that negates the defendant's specific intent to defraud. Often fraud
involves more then one person involved in the scheme each of which
can be held criminally responsible under the theory of joint criminal
liability and the crime of conspiracy. Fraud can also be involved
in the purchase and sale of securities. The enforcement divisions
of the state and the federal government through the SEC have jurisdiction
to prosecute defendants that engage in security law violations including
fraud.
Forgery:
The making of false documents by alteration or by false signature.
There must be the specific intent to deceive for economic or personal
gain. In most cases, the defense to forgery involves presenting
evidence, which negates the defendant's intent. In the world of
electronic signatures and e-commerce, the courts have been struggling
with expanding the crime of forgery to electronic mediums. The term
counterfeiting is also used to describe the crime of forging or
creating the paper image of money.
Extortion:
The act of obtaining money or gaining some form of personal advantage
by threat of force and or intimidation of the victim or the victim's
family. In most cases, the defendant has a preexisting relationship
with the victim and is motivated by retribution or greed. In almost
all states extortion is a felony.
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