How Does the Law Define White Collar Crime?
The term “white-collar crime” has been in existence for nearly 100 years, but how does it apply to specific offenses under state and federal law? In general, the term has been used historically to refer to criminal offenses committed by individuals in upper classes or professional or “white-collar” jobs, but “white-collar crime” now is understood to refer to a wide range of crimes that are nonviolent in nature and that are typically perpetrated for financial gain. According to the FBI, white-collar crimes, which can range “from health care fraud to mortgage fraud,” are offenses that “are not violent” but “can destroy a company, wipe out a person’s life savings, cost investors billions of dollars,” and more.
There is no specific white-collar crime charge under state or federal law, but instead there are a range of different offenses that can be charged for alleged criminal acts that fit into the above definition. To be clear, you will not be facing charges for white-collar crime, but instead for various fraud-related and financial offenses.
White Collar Crime Under Florida Law
The Florida Statutes define white-collar criminal offenses to include any of the following:
- Theft, robbery, and related crimes;
- Computer-related crimes;
- Fraudulent practices;
- Abuse, neglect, and exploitation of elderly persons and disabled adults;
- Forgery and counterfeiting-related offenses;
- Issuance of worthless checks and drafts;
- Bribery and misuse of public office;
- Offenses by public officers and employees;
- Offenses concerning racketeering and illegal debts;
- Offenses related to financial transactions;
- Felony involving intent or conspiracy to defraud;
- Felony committed with intent to deprive a person of their property; and
- Felony that involves or results in fraud or deceit upon a person, or a related conspiracy.
Within the above categories, there are a range of specific offenses that can be charged under the Florida Statutes depending on the specific alleged facts of the case.
White Collar Crime Under Federal Law
Depending on the facts of the case, including the specific allegations and the nature of the offense, various types of white-collar charges can also be brought under federal law. There are a range of federal statutes that govern different white-collar offenses, ranging from different types of fraud to tax evasion to insider trading. The following are examples of white-collar offenses that can be charged under federal law, but the list is not exhaustive:
- Health care fraud;
- Securities fraud or corporate fraud;
- Wire fraud;
- Mail fraud;
- Consumer fraud;
- Mortgage fraud;
- Bank fraud;
- Bankruptcy fraud;
- Money laundering;
- Extortion;
- Counterfeiting;
- Tax evasion;
- Bribery;
- Racketeer Influenced and Corrupt Organizations (RICO) charges;
- Theft of trade secrets or intellectual property;
- Embezzlement;
- Identity theft; and
- Economic espionage.
The above types of offenses can be charged under different federal statutes depending on the specific allegations. In some cases, a person may face charges under multiple federal statutes.
Contact a Tampa White Collar Criminal Defense Lawyer for Assistance
Whether you are facing charges for a white-collar crime under Florida state or federal law, it is essential to have a defense lawyer on your side. An experienced Tampa white collar criminal defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn about the specific charges you are facing and the particular facts surrounding your arrest so that we can begin building a defense strategy that is tailored to your case. Contact our firm to learn more about the white-collar criminal defense services we provide to clients facing state or federal charges.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.0844.html
fbi.gov/investigate/white-collar-crime
