Sociologist Edwin Sutherland first coined the term “white collar crime” in 1939 to refer to ”a species of criminal conduct defined primarily by the social status of the offender and the circumstances surrounding the offense.”
Federal White Collar crimes are typically committed by individuals while employed who are typically recognized as respectable, and who enjoy high social status. It is considered to be a crime, committed by an individual, who takes advantage of the power and trust instilled by his or her employer. These types of offenses may also relate to economic crimes involving fraud and deceit, occupational crimes of someone of authority or responsibility and crimes carried out by organizations.
Some of the most typical federal white collar crimes include:
- Price fixing
- Mail fraud
- Insider trading
- Financial fraud
- Public corruption
- Currency reporting violations
White-collar crimes, to the average individual, may appear slight when making a comparison to violent crimes. However, the harm that white collar offenses can impart upon the masses, especially when economic in nature, are a criminal offense. Any infringement of occupational safety and health regulations or environmental laws can potentially result in fatality or physical injury. When others’ lives are put in danger or are directly affected, a person may face a direct charge of either intentional or non-intentional criminal negligence in addition to white-collar charges. These charges can have potentially significant consequences if a person is convicted and may result in less than a slap-on-the wrist in terms of more severe penalties.
White-collar crimes can be an issue of either state or federal jurisdiction. Federal criminal jurisdiction has a long-reach because Congress has significant authority. Congress has the power to “make” a specific conduct a crime if the government determines that a breach of government has occurred such as defrauding the government itself or violating a federal government agency. With the expansion of the Internet to a larger national and global market for goods and services, the laws of interstate commerce have expanded greatly in the last decade. Interstate commerce occurs frequently when “some item” is sold on the Internet, which is legal in that state, but is illegal in the state that it is delivered to. This conduct is no longer the jurisdiction of the state but becomes the jurisdiction of the federal government and therefore a federal offense.
White-collar investigations require a significantly more vigorous pursuit of investigative techniques including the searching of paper trails and equipment examination such as the seizure of personal and company utilized computer systems and databases. These frequent seizures occur In order to track the level of white-collar crime occurring on both federal and state levels.
Whether you are currently being investigated for a white collar crime in Los Angeles or know someone close to you who has been arrested for a white collar offense, David Elden is a skilled, experienced, and aggressive Federal white collar criminal defense attorney.
CONTACT David Elden For a Free Consultation: (800) 455-6200 or send message