What is White Collar Crime?
The first definition of white collar crime is attributed to the noted criminologist Edwin Sutherland. Sutherland is well known for the theory of "differential association". This theory states that criminal behavior is learned in association with others rather than an inherent personality trait. Sutherland's definition of white collar crime is: "a crime committed by a person of respectability and high social status in the course of his occupation" (1939).
White collar crimes are in many cases also referred to as corporate crimes. These can consist of forgery, embezzlement, extortion, identity theft, securities fraud, conspiracy and computer crime among others.
The Federal Bureau of Investigation has their own definition that is more narrowly defined as: "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence" (1989)
What are the penalties for White Collar Crime Convictions?
White collar crimes can be prosecuted on either the state or federal level, depending on what kind of law was broken. Penalties for these types of crimes vary. Sentencing is dependent on the amount of money involved in the fraudulent activity and there are no firm rules in determining this amount. Convictions usually result in jail time, large fines and restitution to the victims of the crime. In state jurisdictions sentences are usually lighter than the maximum sentences allowed for the crime. The mean sentence for fraud is 12 months; embezzlement, 9.9 months; bribery, 16.2 months; tax offenses, 16.6 months; antitrust fraud, 12.7 months; and money laundering, 46.3 months
If the crime is considered a federal offense mandatory federal sentencing guidelines come into play. Federal sentencing guidelines which give judges very limited discretion have been around since 1987. Largely in response to the high profile corporate fraud cases of Enron, World Com and the like, sentencing was stiffened in 2002. The maximum punishment for wire and mail fraud, the most common white-collar infractions, was increased from 5 to 20 years. Sentencing Commission statistics show that the rates of incarceration for certain white collar crimes are greater than those for criminals who possess drugs or firearms. In comparison the maximum federal punishment for voluntary manslaughter is ten years.
Controversial Sentencing for White collar Crime
There has been a large amount of controversy concerning the severity of federal mandatory sentencing guidelines. Congress passed the Sarbanes- Oxley Act in 2002. This legislation set new or enhanced standards for all U.S. public company boards, management and public accounting firms, and also set sentencing standards for convictions. Since it was passed Congress and the Supreme Court has faced the issue on numerous occasions trying to further define the laws and determine whether to strengthen or weaken the penalties for a conviction. It does not look as if the controversy will lessen in the near future.
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White Collar crimes are some of the most difficult cases to defend. Choosing a criminal Attorney familiar with the state and federal statues for white collar crime can be instrumental in determining the outcome of a case. Contact The Dick Law Firm for board certified criminal attorneys. http://www.thedicklawfirm.com
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