Theft Info Center
White Collar Theft Charges
Although there is no fixed definition of "white collar crime," the term generally describes nonviolent crimes that are based on cheating or dishonesty. White collar crimes are usually quite complex. Although they traditionally carried lesser penalties than other crimes because they were not associated with violence, there is a recent trend toward stricter punishment for white collar crimes as people recognize the financial damage white collar criminals inflict on society. Consequently, defendants convicted of white collar crimes may incur enormous fines, be ordered to pay restitution or spend significant time in prison. Being convicted of a white collar crime frequently destroys the person's livelihood and career, and accuseds should talk to an experienced attorney about their situation.
Types of White Collar Theft Crimes
Professionals or entrepreneurs under the cover of a legitimate business activity typically commit white collar crimes. There are a variety of theft crimes that fall under the heading of white collar crimes. These include:
- Accounting fraud
- Bankruptcy fraud
- Counterfeiting
- Credit card fraud
- Embezzlement
- Employee theft
- Extortion
- Forgery
- Insurance fraud
- Internet fraud and computer hacking
- Money-laundering
- RICO
- Wire fraud and mail fraud
Embezzlement
Embezzlement is probably the most recognized white collar theft crime. The definition of embezzlement varies depending on the jurisdiction, but is generally defined as the fraudulent conversion of property of another by a person who is in lawful possession of the property. For example, a person who works in the accounting department and has access to company funds could be charged with embezzlement if he or she wrote or authorized company checks to his or her personal account. Generally, the defenses available for other theft crimes, such as claim of right, apply to embezzlement. In addition, in some states, if a defendant reimburses the money or restores the property before a complaint is filed, there is special mitigation.
How Should I Respond to White Collar Theft Charges?
Because white collar crimes are associated with businesses, the accused is a businessperson and the crime is not one of violence, a person accused of a white collar crime may not feel like a criminal. However, given the present legal climate, the possibility of prison and loss of freedom is as much a reality for an embezzler as for a violent offender.
If you believe that your employer is investigating you for a white collar theft crime, contact an attorney as soon as possible and have your attorney present for any meetings you have with your employer or employer's counsel. If you are arrested for a white collar crime, do not speak to the police, prosecutor or anyone else without first contacting an attorney. You should not discuss your case with anyone other than your attorney while charges are pending.
Conclusion
Being charged with a white collar crime can have a devastating effect on a person's career. If you have been charged with a white collar theft crime, talk to an attorney who has experience representing clients charged with white collar crimes.
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