White collar crime was originally defined as “a crime committed by a person of respectability and high social status in the course of his occupation,” but today, there is considerable debate about how to define and classify white-collar crime. It’s not even clear exactly what types of crime should be categorized as “white-collar crime.”
 

However, the FBI (the main federal law enforcement agency in the United States) currently defines white-collar crimes as “those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.”

 

The breadth, depth, and scale of white-collar crimes can seem almost limitless in variety and ingenuity, affecting individuals, businesses, and public institutions alike. While the shadowy international criminal networks that profit from fraud are often out of reach of their victims, white collar crimes can happen anywhere, at any time, in business with people and companies that the victims of the crime know and trust.
 

According to the FBI, white-collar crimes “are not violent, but they are not victimless. White-collar crimes can destroy a company, wipe out a person's life savings, cost investors billions of dollars, and erode the public's trust in institutions.”

 

Because of the nature of white-collar crimes, the money (or other valuable property or services) is taken surreptitiously, right under the nose of the victims, without their even being aware that it’s happening. If and when the crime is eventually discovered, the criminal may be long gone, and the stolen money may be impossible to trace. It comes close to being the perfect crime.
 

While white collar crimes are always a criminal matter, subject to criminal investigation—and potentially prosecution—they can also sometimes surface as an issue in business disputes, with complex civil and criminal matters resulting from the allegations of fraud. In some cases, suspicions of fraud will uncover egregious abuses of trust, while in other cases, allegations of fraud may be unfounded.

 

At the federal level, the FBI is charged with investigating white collar crimes; however, any federal agency can investigate crimes that fall within the agency’s regulatory scope. States, too, have their own enforcement authority to investigate and prosecute white collar crimes that violate state law. In California, white-collar crimes are investigated by the White Collar Investigation Team Program at the California Department of Justice.
 

Although White Collar Crimes are non-violent criminal offenses, they are nevertheless serious offenses, and law enforcement agencies will investigate accordingly. If criminal charges are warranted, the penalties can be quite serious, and may include fines, imprisonment, or both. Even the appearance of involvement in criminal behavior can be ruinous to your professional reputation. Thus, because white collar criminal charges can carry potentially severe and ruinous consequences, it is vitally important to be represented by experienced legal counsel at all stages of an enforcement action, from investigation by law enforcement, and if charges are filed, continuing all the way through arraignment, indictment, and prosecution.
 

White-Collar Criminal Defense is one of our core practice areas at Nichani Law Firm. If you or your company are the subject of a criminal investigation, Nichani Law Firm will bring the white-collar criminal defense experience you need and the boutique litigation team focus you deserve when the stakes are high and everything you’ve worked for is on the line.