The term “white collar crime” is just what it suggests. It’s a phrase used to describe criminal acts that are done in and around a corporate/government setting by those directly or indirectly involved in the operation of that business and/or government agency (more often than not). Typically, we hear the term “white collar crime” when used in association with non-hourly jobs or non-manual labor related jobs, but the truth is, if the crime revolves around the operation of a business or government, typically the law doesn’t discriminate, regardless of the size of the victim or payment structure of the person involved. The Indianapolis Criminal Defense Attorneys at Banks & Brower can help you with any type of white collar crime.
Additionally, “white collar crimes” are usually charged against those individuals in a government, business, or fiduciary role that have the ability to manipulate financials, facts, figures, or circumstances to their own advantage or to those they may be associated with. This can be on the smallest micro-level such as a local municipality, or all the way up to the CEO of a Fortune 500 company or U.S. Senator!
Many people assume that “white collar crimes” are only charged at the federal level and against those that have bilked their customers or taxpayers out of millions of dollars; however, “white collar crimes” are charged at the state and county level as well.
The most typical “white collar crimes” charged are:
- Forgery
- Fraud
- Embezzlement
- Tax Evasion
- Bribery
- Theft/Conversion
- Anti-Trust
- Copyright Infringement
- Price Fixing
- Counterfeiting
- Insider Trading
- Securities Fraud
- Election-based Crimes
- Voter Fraud
- Official Misconduct
- Conspiracy to Commit all crimes above
Many times, but not always, “white collar crimes” arise out of some type of federal investigation conducted by the Federal Bureau of Investigations, or FBI, Internal Revenue Service, or IRS, Alcohol, Tobacco, and Firearms, or ATF, Drug Enforcement Agency, or DEA, U.S. Marshall, or any other federal agency (or acronym for that matter!). At the federal level, as we’ve written about before, the penalties are much higher and stiffer, even for first-time offenders.
To read a blog on how federal and state cases are different, click here.
The reason why people assume that all “white collar crimes” are federal is that most of the cases we see on the news are those in which the U.S. Attorneys office has gotten involved. And, when the federal government gets involved, they can take months or years to gather evidence, as they try to make sure every “t” is crossed and “i” is dotted before charges are brought — Why? Because they know that most of their cases involving “white collar crimes” will make the news and because most of their high profile cases involved popular figures and millions of dollars.
Additionally, federal officers are trained for years on how to investigate “white collar crimes,” and they know what it takes to gather the evidence they need to convict — and, federal prosecutors do not like to go to trial unless they have the facts they need to convict.
At the state level, most crimes involve local businesses or politicians. Whether it is a misdemeanor or felony charged, the ramifications can be huge for those individuals. The most commonly charged stated crimes are official misconduct, theft, forgery, fraud, bribery, and counterfeiting —- whose penalties range from a year for simple misdemeanors all the way up to multiple years for felonies.
Regardless of whether it is a state or federal crime that is alleged, if you or a loved one has been charged with a “white collar crime,” it is essential that you hire an experienced law firm that knows the tactics that state and federal prosecutors/investigators use, and knows how to effectively litigate against them. Given the range of penalties, the stakes couldn’t be higher. And, given the complex nature of proving these cases with difficult evidence and witnesses, a skilled litigator can ensure your rights are protected.
Give the experienced former prosecutors and Indianapolis Criminal Defense Attorneys at Banks & Brower, LLC a call today at (317) 870-0019. Or, shoot us an email at info@banksbrower.com. We stand willing, ready, and able to help you or a loved one who has been charged with a “white collar crime.” We are available 24/7/365.