The term “white collar” describes a variety of behaviors. The term was first used by Edwin Sutherland as he addressed the American Sociological Society in 1939. Dr. Sutherland presented the position that corruption between successful companies and government officials caused so much harm to society in what is commonly known as the “street” crime or “blue collar”. Thus, society must take steps to identify and punish those involved in such conduct.
Perhaps “white collar” is best defined as property crime associated with the business that do not result in physical harm to anyone. This broad definition can be applied to complex investment schemes, such as those published in the Enron scandal or allegations of insider trading, as filed against Martha Stewart. The definition also applies to more direct criminal activity, such as telemarketing schemes, Internet fraud, and embezzlement.
Some examples of “white collar crimes” are the following: access to the device fraud, bank fraud, blackmail, bribery, cellular telephone fraud, computer fraud / Internet, forgery and counterfeiting (not just money but also certificates, documents of authenticity, licensing documents, the identity, contractual agreements, etc.), credit card fraud, future plans, speculation, copyright infringement, misappropriation of funds, environmental regulatory violations, extortion, fraud in the care industry health, insider trading, insurance fraud, investment schemes, money laundering, securities fraud, tax fraud and evasion, telemarketing schemes, fraud related to illegal achieving government services or benefits, bait and switch schemes, pricing, misleading advertising, improper weights and measures of tradable goods, etcEsta not an exhaustive list of all conductas that could be characterized as “white collar crime.
Often the subject of the investigation of “white collar” accused of committing mail fraud or wire, obstruction of justice or making false statements to federal investigators. Processing and Mail fraud is very common in the area of ”white collar crime.” The difference between the cable or wire fraud is that electronic fraud, the defendant used the “threads” (ie, phone, fax, radio, etc.) to promote the scheme to defraud, while with wire fraud, the defendant U.S. uses the Postal Service. See 18 USC, y 1341, 1343. The charges of wire fraud and mail are very serious charges. The two have a legal maximum penalty of twenty (20) years in prison!
You may wonder why you or your company can be charged with wire or mail fraud for conduct that is more specifically in other laws. Especially in light of the fact that in today’s market, businesses of all kinds are highly regulated. Maybe it was better explained in the case of the Second Circuit in New York: “To federal prosecutors of white collar crime, wire fraud the statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart – and our true love We can. flirt with RICO, show by 10b-5, and call the conspiracy law ‘darling’, but always come home to the virtues of 18 USC 1341 and, with its simplicity, adaptability, and comfortable familiarity. ”
United States v. Pisani, 773 F. 2d 397, 409 (2nd Cir. 1985) (citing Rakoff, the federal mail fraud statute (Part 1), 18 Duq.L.Rev. 771, 771 (1980)) (footnotes omitted).
In other words, due to the simplicity of cables and wire fraud statutes and the fact that prosecutors are often unable to identify violations of specific laws, prosecutors simply rely on his “affection” laws , mail fraud or telephone. Prosecutors twist the facts in an attempt to satisfy the elements of mail or wire fraud statutes.
If you have been charged with wire fraud or mail fraud or conspiracy to commit mail or mail (which carries the same penalty as mail or wire fraud), they face very serious charges. The author strongly recommends that you obtain competent legal advice immediately. If you anticipate could face charges of mail or fraud, or conspiracy to commit mail fraud or telephone, the author recommends that you obtain competent legal counsel AS SOON AS POSSIBLE. If you are aware that you or your company is being investigated because of their commercial activities, the author recommends that you obtain competent legal counsel AS SOON AS POSSIBLE.
A competent lawyer is very important from the moment you realize you may be under investigation for conduct that may constitute “white collar crime.” Often, legitimate business people are on trial for wanting to make false statements to investigators (ask Martha Stewart), or other unintended actions which can be interpreted as an attempt to obstruct justice. The risk of such prosecution requires the acquisition of a lawyer as soon as possible.
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