The word white collar crime was first used in 1939 when Edwin Sutherland, a sociologist of the symbolic interactions school gave a speech to the American Sociological Association. In that speech he referred white collar crimes as crimes committed by a highly respectable and high status individual in the course of his occupation.
Today, authorities and people in general can commit white collar crimes even when they are not related to their corporate occupations. Crimes include fraud, embezzlement charges, bankruptcy fraud, bribery, insider trading, and computer crimes.
It also includes medical crime, public corruption, identity theft, environmental crime, pension fund crime, RICO crimes, occupational crime, forgery, securities fraud, financial fraud and consumer fraud.
The first thing that you need to do when you are accused of a white collar crime is to get a white collar attorney. It is in your best interest if you seek counsel and understand your rights as well as the nature of the crime.
With a good white collar attorney, you can prepare yourself if ever you need to face the criminal justice system. Whether you are innocent or guilty, your lawyer is expected to represent you in court and fight for your legal and constitutional rights.
He will also monitor the proceedings to ensure legality and fairness. If you cannot afford to have a private defense attorney, you may be eligible to have free legal counsel.
If, however, you were arrested of a white collar crime, it is best not to say anything to the police because it will be used against you. Immediately seek a lawyer.
If there is a case filed against you in court, you will need to appear before a grand jury. The grand jury will decide whether there is sufficient evidence to indict you and to continue the criminal proceedings against you.
The indictment is the formal process of charging you with a crime. The grand jury will then review the evidence or hear testimony to decide whether you should be indicted. However, this grand jury is not there to decide your guilt or innocence.
If the evidence is sufficient to prove your innocence, you are absolved of the white collar crime. Nonetheless, if you were convicted of it, your punishment may include fines, forfeiture, restitution or imprisonment.
Depending on the gravity and circumstances, you may be given additional consequences like loss of employment and loss of pension. In most cases, people who are under investigation of white collar crimes are aware that they are being investigated.
Although the federal government spends 300 billion dollars a year to hear and solve white collar cases, the cases do not pose a threat to the society. The federal authorities take a year or more of investigations before charges are filed against the suspects.
If you have been given a notice that you are under an investigation of a white collar crime, have been contacted by law enforcement, or have received subpoena for records, it is wise to have a lawyer immediately.
You are not under any obligation to speak with law enforcement officials as regards the white collar crime investigation until you have spoken with your lawyer to ensure that the information provided to the authorities will not be used against you.
Nessun commento:
Posta un commento