White Collar Crime Overview
“White-collar crime” is a term for allegedly criminal activity of a financial nature, which does not involve allegations of violence. The term “white- collar crime” has been in existence in the United States since the 1930’s and was originally meant to mean a "crime committed by a person of respectability and high social status in the course of his occupation." Typically, white collar crimes include the following:
- Antitrust violations
- Bankruptcy fraud
- Internet and computer based crimes
- Corporate and Securities Fraud (such as “insider trading” and violations of the Sarbanes-Oxley act)
- Corporate Embezzlement
- Fraud against the Government (including tax evasion)
- Fraud involving a financial institution or Financial transaction (including credit card fraud)
- Insurance Fraud
- Healthcare Fraud
- Bank Fraud
- Money laundering
- Structuring (staggering transactions to avoid reporting requirements)
- Public corruption (such as bribery and kickbacks)
- Mail and wire fraud.
The Federal Government (via the United States Attorney’s Office), or the State (through the District Attorney’s or Attorney Generals offices) can bring prosecutions for white collar crimes against individuals or corporations. Many times, investigations into white collar crimes are initiated by Federal Investigative agencies such as the FBI, IRS, Secret Service, U.S. Customs, Homeland Security, EPA and the Securities and Exchange Commission. Many states have localized sections of law enforcement that specialize in white collar criminal activity as well.
Depending on the allegations involved, including the amount of money alleged to be at issue, the penalties for white-collar offenses can include millions of dollars in fines, home detention, community confinement, forfeiture of assets and property, restitution payments, supervised release and imprisonment. In the case of corporate prosecution, companies can be forced to pay fines, lose their corporate charters and individual corporate officers, directors and employees can be sent to jail or prison.
If you or your company is facing arrest, investigation or indictment for a white-collar crime, it is imperitive that you hire an experienced lawyer with the skill and know how to mount a successful investigation and defense on your behalf.
Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck is a former prosecutor and a Board Certified Criminal Defense Lawyer who has been recognized as a Specialist in Criminal Trial Advocacy by the State Bar of Nevada. Attorney Tomsheck has years of experience litigating sophisticated, serious and complex white-collar crimes at both the federal and state levels. If you have been, or think you could be, charged with a white collar crime, call the law firm of Hofland & Tomsheck today.