What Are White-Collar Crimes?

Most people picture bank robberies or street violence when they think about criminal activity. However, some of the most serious allegations happen in offices, boardrooms, and behind computer screens. White-collar crime accusations can affect anyone, from small business owners to corporate executives. These financial charges involve allegations of deception rather than physical force, which makes them subject to intense scrutiny and prosecution.

What Makes a Crime a White-Collar Offense?

“White-collar” crimes are allegations of illegal acts committed in business or professional settings for financial gain. These charges usually involve accusations of misrepresentation, concealment, or breach of fiduciary duty related to money or property. Unlike violent offenses, white-collar cases rely on documentary evidence and financial records rather than physical evidence. Those facing charges often held positions of responsibility, which prosecutors claim gave them access to funds or information.

What Are Common Types of White-Collar Crimes?

Fraud allegations involve claims of intentional deception for personal benefit, while embezzlement charges occur when prosecutors allege someone misappropriated money or property entrusted to their care, such as an accountant accused of taking funds from client accounts. Tax evasion cases happen when the government claims individuals or businesses deliberately avoided paying taxes, whereas money laundering involves allegations of disguising the source of money through various transactions. Identity theft, bribery, and insider trading charges also fall under this category.

How Does Embezzlement Differ From Theft?

“Embezzlement” cases involve allegations that someone with legal access to money or property used it for unauthorized purposes. “Theft” charges typically involve taking property without any lawful access. The key difference lies in the initial authorized access to the property.

Embezzlement charges often arise from accounting disputes, business disagreements, or misperceptions about what actions were permitted. These cases frequently involve questions about authorization, documentation, and intent rather than clear-cut theft. Many defendants had legitimate reasons to believe their actions were proper.

What Penalties Do White-Collar Crimes Carry?

Sentences for white-collar convictions reflect the alleged amount involved and the specific offense, and federal charges often result in harsher punishments than state charges. Mail fraud convictions might carry up to 20 years in prison, while wire fraud can result in similar sentences. Financial penalties can reach millions of dollars, particularly in cases involving large amounts or multiple allegations. Courts may also order “restitution,” requiring defendants to repay claimed losses. Some individuals receive probation or house arrest instead of prison time, depending on circumstances.

Can Someone Face Both Criminal and Civil Charges?

White-collar defendants may face lawsuits in addition to criminal prosecution. The government files criminal charges to pursue punishment, while private parties or businesses can file civil lawsuits to recover alleged losses. Winning a criminal case requires proof beyond a reasonable doubt, while civil cases only need a preponderance of evidence, so someone acquitted in criminal court might still face civil liability. These parallel proceedings can create additional pressure and financial strain on defendants and their families during an already difficult time.

What Should I Do if I Am Accused of a White-collar Crime?

Anyone facing white-collar crime allegations should immediately seek legal representation before speaking with investigators, as investigations often begin months or years before arrests occur, giving prosecutors time to build their case. Remaining silent and contacting a criminal defense lawyer protects your constitutional rights during this process. Federal agencies like the FBI, IRS, and Securities and Exchange Commission handle many white-collar investigations, and these agencies have substantial resources and experienced prosecutors working against you. Having skilled legal counsel helps protect your interests and rights throughout the investigation and any subsequent proceedings.

Our South Bend Criminal Defense Lawyers at Wilson & Kinsman, LLC Will Fight to Protect Your Future

If you need more legal information about white-collar crimes, contact our South Bend criminal defense lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.