The courts want to treat both types of crimes equally; however, it is thought that white collar defendants do receive preferential treatment, especially when it comes to negotiating fees and terms of release pending sentencing. Keep in mind that although white collar crimes are serious, there is generally no physical violence involved. The main issue comes at the time of sentencing, involving questions such as where the defendant will be placed to complete the prison term. White collar criminals and other types of criminals such as those accused of rape, murder, and other violent crimes should not be placed together. The type of crime is also significant when deciding whether or not to give the defendant pretrial release. However, some crimes have been committed where large sums of money are involved and individuals implicated might have violated more than one law. In these cases, they will be judged more strictly than other White Collar cases. Even though many white collar crimes are not violent, keep in mind that there are no victimless crimes and someone from the general population is always negatively affected (mostly financially) with these violations of the law. In many cases of white collar crimes, a defendant's cooperation is essential to solving the case.
Not usually. These White Collar Crimes are usually federal crimes and are investigated by federal agencies such as the U.S. Department of Treasury, FBI, IRS ,U.S. Postal serviceid, Securities and Exchange Commission and the U.S. Citizenship and Immigration. There will usually be an objective for investigating the alleged crime and some time will be spent collecting research and following the suspect in order to have sufficient evidence before presenting the case in court. Being the target of a White Collar Crime investigation can be very threatening. For this reason, there are regulating agencies at the state and federal level, which job is to analyze certain business areas when suspicion arises.
You can, although it is especially difficult. Keep in mind that an indictment for a white collar crime generally involves fraud and dishonesty. Thus, when a prospective employer sees the criminal record of the person, they may be concerned that the person can commit a similar action in the future. Employers are required to report to their investors whenever a person convicted of a white collar crime is hired and generally investors are not willing to risk the company's reputation.
The assistance of a lawyer is always necessary, especially if youre innocent because a good lawyer will make sure that your rights are fully protected and the truth comes to light.
It is always good to have legal advice, even when you believe you want to plead guilty. Most people are not fully aware of the consequences of a white collar crime. Hence, it is crucial for a competent criminal defense lawyer to handle your case. A good criminal defense lawyer might be able to achieve a sentence reduction, providing you with many more opportunities to continue your life normally.
State authorities can also prosecute white collar crimes. At times offenses are named differently in federal courts.
White collar crimes have severe penalties. Most white collar crimes have to do with stealing large amounts of money therefore the punishment can be more severe than a common theft crime. Among the most common penalties for white collar crimes are a long prison term, an unbearable fine, restituting the whole amount stolen, possible probation, etc.
White collar offenses are investigated by a number of government agencies. Occasionally, several agencies are involved. The FBI will investigate mortgage fraud and bank fraud and other common frauds while the IRS investigates problems related to taxes but also team up with other agencies including the FBI. IRS will mainly investigate money laundering offenses, which are frequently charged together with fraud offenses. U.S. Postal inspectors also investigate some categories of fraud having to do with mail. The Department of Defense is involved in some fraud cases as well and the Immigration and Customs Enforcement will get involved in cases related to, for example, counterfeit goods.