Crimes are committed by all types of people regardless of their gender, age, ethnicity, or status. The term “white-collar” crime was first coined in 1939, referring to the lives of the perpetrators. These crimes were often committed by “a person of respectability and high social status in the course of his occupation.” This may include professions within a business, finance, or government position. For a long time, there were minimal consequences to these crimes, as they were seen as “victimless” crimes by high profile people. However, times have changed and these offenders now may face jail time in addition to expensive fines. Individuals who are under investigation or have been arrested for a white-collar crime should enlist an experienced attorney to assist their case.
Types of White Collar Crimes
White-collar crimes are usually heard in Federal Court. Examples of white-collar crimes can include but are not limited to:
- Identity theft
- Credit card fraud
- Mortgage fraud
- Insurance fraud
- Employee theft
- Bad checks
- Gambling offenses
- Ponzi schemes
Often times, these offenses are brought up as federal charges. This is because they involve government agencies such as the FBI and IRS, as well as others.
Defense Against White-Collar Crimes
When a person is charged with a white-collar crime, it is possible for them to face very serious consequences if they are convicted. To prove a white-collar crime, it is required for two things to be shown: illicit gains and criminal intent. In these circumstances, it is important to retain an experienced attorney to help navigate the case. This is because it can be possible to negotiate restitution or probation instead of a jail or prison sentence.
Because these crimes are heard in the Federal Court, the offenders are subject to federal sentencing guidelines. These guidelines, established by the United States Sentencing Commission, were created to address an inconsistency between each judge’s sentencing. They exist to ensure the sentencing is uniform and fair. The guidelines calculate a penalty depending on the offender’s criminal history and the nature of the charge in question. There are 43 different offense levels, 6 criminal history categories, and 4 sentencing zones that determine a person’s punishment if they are convicted.
Contact our Firm
If you or someone you know is facing a white-collar crime conviction, contact the Law Office of Michael A. Policastrotoday.
If you have been charged with a crime in New Jersey, it is essential to retain the quality legal services of an experienced criminal defense attorney. Contact the Law Office of Michael A. Policastro today to schedule a consultation so we can discuss your situation.