Top San Rafael, CA White Collar Crime Lawyers Near You

What Is White Collar Crime?

White collar crime refers to a broad category of offenses which are typically conducted by professionals familiar with the economic sector. White collar crime encompasses such offenses as stock and securities fraud, embezzlement, tax evasion, money laundering or insider trading.

The name “white collar crime” is derived from the notion that most offenders committing these sorts of crimes are businesspersons, bankers or financial industry workers, which have traditionally been associated with having white collared shirts and working in professional positions.

White-collar crimes are nonviolent illegal acts motivated by financial gain and usually involve some form of deception or misrepresentation. White collar crimes encompass a broad range of fraudulent conduct committed by business people and government workers.

What Are Some Types of White Collar Crime?

White collar crime is an extremely general term which applies to any number or more specific criminal acts.

Alongside the crimes listed above, antitrust violations, bribery, counterfeiting, operating pyramid or Ponzi schemes, forgery, identity theft, industrial or economic espionage and almost all forms of fraud (credit card, healthcare, computer, etc.) are considered to be examples of white collar crime.

White collar crime is difficult to detect because many of those who are committing the offenses are industry insiders and skilled professionals themselves, persons who know the ins and outs of their respective field. This can make it very difficult not only to identify instances in which white collar crime may be taking place, but also to secure enough evidence to proceed with a viable case for prosecution.

Is White Collar Crime a Felony?

While white collar crime itself is merely a category encompassing a variety of other offenses, those offenses in particular may or may not be felonious in nature.

For example, in certain jurisdictions, the white collar crime of embezzlement is a “wobbler,” meaning that it can be charged as either a felony or as a misdemeanor. If the sum embezzled is less than $1,000, the maximum sentence is three months in jail in addition to a fine of no more than $500. If the sum embezzled is instead greater than $1,000, the charge is categorized as a felony offense, and those convicted face up to five years in prison as well as a maximum fine of $10,000.

What’s the Difference Between White Collar Crime and Blue Collar Crime?

Given that white collar crime is associated with the middle-upper class and upper class, blue collar crime is associated with the underclass, the working class and sometimes the middle class.

Contained within the category of blue collar crime are violent offenses such as assault or armed robbery, drug-related crimes such as trafficking or possession with intent to distribute, vandalism, shoplifting and other petty theft and other similar crimes.

The historical symbolism leading to the comparison between white collar crime and blue collar crime refers to the fact that, in the past — particularly the early 20th century — working class individuals often wore blue work clothes in order to hide dirt and stains from manual labor. Meanwhile, bankers and other business professionals, preferring white dress shirts with or without a suit jacket, would have represented white collars rather than blue.

What Are the Penalties for White Collar Crime?

The penalties for the commission of white collar crimes, much like the definition of each crime as either a felony or misdemeanor, are related to the distinct charge being levied (say, bribery) and the jurisdiction in which the charge is being levied.

In a scenario where a white collar criminal engaged in a significant counterfeiting scheme, printing false paper money and passing it off as real, the punishment can be a maximum sentence of 20 years in response to such an offense, at the federal level.

If a white collar criminal is prosecuted at the state level for the crime of bribery, some state statutes allow for a sentence of up to 15 years imprisonment in response to a conviction.

Lastly, if a white collar criminal is found guilty of identity theft in certain states, they might face a wide range of penalties, depending on whether they are a first-time offender or not, whether a death was involved in the commission of the crime and whether an elderly person was harmed during the commission of the crime. Penalties range from 180 days in jail and a fine of up to $10,000 for less severe cases up to 99 years behind bars for a first degree felony conviction.

Have You Been Arrested and Charged With a White Collar Crime in California?

White collar crimes such as fraud, embezzlement, investment fraud, breach of trust or fiduciary duty are serious matters. When faced with a white collar crime, it is best to contact an attorney skilled in white collar crime defense.