White Collar Criminal Defense

While the word crime immediately springs to the mind images of theft, rape and murder, it also has another association that is not so gruesome. White collar crime is something that takes place in the almost sanitized environments of an office and is committed by people one would never normally associate with any wrongdoing. These are not the typical crimes of passion driven by emotional surges nor are they carried out to settle scores. Rather, most of the white collar crimes are carefully thought out, complex plans that are prompted by the greed for money or power. The phrase "white collar crime" was first coined by Edwin Sutherland while addressing members of the American Sociological Society in 1939. He termed it as a "crime committed by a person of respectability and high social status in the course of his occupation."

Mostly non-violent in nature, white collar crimes cover a wide spectrum of transactions that may involve antitrust violations, computer frauds, credit card misuse, bankruptcy appeals, healthcare benefits, violations of environmental laws, insurance payments, tax evasion, financial misappropriations, insider trading in stocks and shares, bribery, currency counterfeiting, embezzlement of funds or thefts of trade secrets. Tracking down white collar crimes and those who commit them is always considered a tough proposition because the pattern of such crimes is truly complicated that brings into play a series of transactions, many of which have been carefully hidden or erased.

If there is a general feeling that white collar criminals often get away with light sentences, the feeling may be the case because it is often true. And it could be thanks to the fact that they can very often afford the best legal help. It is possible the difference in the quality of the defense that the disparity exists in punishment of white collar and conventional crime offenders even though cases of frauds and embezzlement involving huge sums of money can be equally stressful and psychologically injurious. A study conducted in the United States led to the conclusion that most white collar criminals get away with more crimes and less punishment than others. For example, white collar offenders received an average sentence of 22 months as compared to burglary and motor vehicle theft offenders who were punished for 31 and 27 months respectively.

A more specific study conducted during the nineties laid bare the disparity in clear terms. In terms of duration of imprisonment, those incarcerated for losses in excess of $100,000 or more as a result of the savings and loan scandals received an average of 36.4 months in prison. During the same time period, those non-violent federal offenders who committed burglary got 55.6 months, car theft received 38 months, and first-time drug dealing averaged 65 months.