White collar crime is defined as a non-violent, financially motivated crime typically committed by an educated professional in business, such as an executive, business manager or fund manager, or a public government employee. It involves deceit rather than violence, and electronic documents rather than objects such as guns or drugs, are usually used to commit these crimes.
White collar crimes carry serious penalties and prison time, as well as restitution to the victims, probation and fines, depending on the crime’s severity, the amount stolen and how many people were affected by the crime.
It is important to get in touch with a New Jersey white collar crimes lawyer as quickly as possible if you are facing these types of charges. The moment you are accused, your reputation may be permanently damaged. Skilled criminal attorneys know that if you are convicted, your future employment and the status of your professional licenses are at stake.
Role of Federal Jurisdiction in White Collar CrimesNew Jersey white collar crimes lawyers have seen similar offenses involve both New Jersey law and federal law. If it is defined purely as a New Jersey crime, the case will be heard in Superior Court of New Jersey and investigated by the State’s Financial and Computer Crimes Bureau.
If defined as a federal crime, it will be heard in the US District Court for the District of New Jersey and will be investigated by the SEC, such as regarding charges of insider trading, the FBI and the National Association of Securities Dealers (NASD) if the crime spans more than one state.
Common White Collar CrimesSometimes environmental crimes, such as water pollution, are prosecuted as white collar crimes as well.
Some examples of white collar crimes include violations in:
- Antitrust
- Bank or bankruptcy fraud
- Bribery
- Cybercrime
- Internet
- Credit cards
- Counterfeiting
- Copyright infringement
- Embezzlement
- Extortion
- False Claims Act
- Forgery
- Fraud
- Identity theft
- Insider trading
- Insurance
- Money laundering
- Ponzi schemes
- Securities fraud
- Tax evasion
New Jersey white collar crimes lawyers have seen other cases include bribery, copyright infringement, embezzlement, and money laundering. Bribery is when an unauthorized benefit is given or received in return for some action, such as a vote or official duties by a state official. If it involves a federal official or the use of the US Postal Service, or if it involves a project that uses federal funds, it becomes a federal crime.
Copyright infringement is per se a federal crime, unless it involves sound or video piracy, which is covered by New Jersey law. Cybercrime includes accessing, altering or destroying computer data or software without proper authorization, or disrupting access to the Internet. If it involves a protected computer, or those used in interstate commerce or by the federal government, it becomes a federal crime.
Embezzlement Related OffensesEmbezzlement is included under the state crime of theft. Forgery is an unauthorized writing, made with the intent to defraud, that claims to be the writing of someone else.
Money Laundering includes any type of property obtained from criminal activity disguised in financial transactions for the purpose of avoiding reporting requirements.
There are various degrees and the fine can be up to $500,000. The federal crime of racketeering also has a fine of up to $500,000 or twice the value of the property, plus imprisonment up to 20 years.
Speak to a New Jersey White Collar Crime AttorneyIf you are being investigated for a white-collar offense, you should consult with a New Jersey white collar crimes lawyer who has handled these cases on both the state and federal level to protect your legal rights.
You may receive a subpoena from law enforcement asking you to come in for questioning or a statement, and this may be the first inkling that you may be a suspect. Before you speak to law enforcement, speak with a white collar crime attorney. If you are accused of a white collar crime it is important to build a strong defense as quickly as possible to minimize any damage and protect your family.
An attorney can help you minimize the negative effects of these charges and prevent lasting repercussions. We will prepare a defense and retain experts, and always protect your privacy and handle all of your personal details with the utmost confidence and care.