Crime lawyer

Thursday, June 3, 2010

White Collar Crime and Prosecution

White-collar crime is exploding! Difficult economic times and the advent of hi-tech computer technology with Wall Street fraud is coupled proves hard times for all Americans. Who are the white-collar criminals? What is financial crime? How do these people come to a position of trust? What to do law enforcement? Who will be affected next? Will you be next?

A white-collar crime is often defined as a non-violent crimesDeception and / or tricks that are typically committed by a merchant, official, or someone of high stature, confidence, or authority. Evidence in a white collar crime usually a paper trail of evidence that investigators in the use for law enforcement. While this definition may be true, it's hot "contested within the community of Crime experts who try to define," White-Collar. Many experts feel there are three main features that characterize a white-collarCriminals. Some experts believe that-collar crime and socio-economic status should White be defined by the high / or profession of confidence that the perpetrator. Others believe that white-collar crime, the crime was committed, the way defined by means of fraud, forgery, counterfeiting, embezzlement, bribery, theft, price fixing, racketeering, computer fraud, obstruction of justice and perjury. Mixed with these offenses, the increasingly popular securities fraud typed by recent cases of Bernard Madoff and New Jersey fund manager James Nicholson. Madoff allegedly confessed to his staff that he had a massive fraud scheme that cost investors could have a remarkable total of over $ 50000000000 immortalized. Forty-two-year-old James Nicholson is the fraud of its investors as much as $ 900,000,000 accused since 2004. Finally there are those that the crime restrict the definition of white-collar crimes strictly economic or corporate> Crime.

The Federal Bureau of Investigation defines white-collar crime only in relation to the offense. The Bureau has defined white-collar crime ... These illegal acts, and which are characterized by deceit, concealment, or breach of trust are not subject to the use or threat of physical force or violence. Individuals and organizations committed to obtain, these acts of money, property or services, to avoid payment or loss of money or services;or to secure personal or business advantage. "(USDOJ, 1989, p. 3).

In the years 1997 to 1999, white collar crime accounted for less than 4.0 percent of the incidents, the FBI reported. Most of these crimes were fraud, forgery and counterfeiting. Currently, families, a third of the American economy is a victim of crime, but very few actually reported. Of these, only 21% made it into the hands of a law enforcement agency. This is reflected inless than eight percent of all crimes employees reaching the appropriate authorities. These are very worrying statistics for both consumers and businesses alike. The growth of the Information Age and the World Wide Internet usage significantly changes the way committed, in which economic crimes are the frequency of their Commission, and the difficulty in the apprehension of those responsible. White collar crime has certainly invaded our new high-techSociety. Statistics show that white-collar crime is 100 billion national soared for cost reasons in 1970 from $ 5,000,000,000 to an astonishing $ in 1990. With all the advances in technology and the internet since 1990, experts predict an exponential growth of the white-collar crime in the future.

In an effort to combat crime in this rapid increase in white-collar internet, law enforcement authorities including the Federal Bureau of Investigation, Secret Service, PostalInspection Service, Securities and Exchange Commission, and customs officials have stepped up their efforts in the fight crimes against them. Special units such as the National White Collar Crime Center, Internet Fraud Complaint Center, Cyber Crime National Training Partnership and the Coalition for the Prevention of Economic Crime was established to specifically fight against economic crime.

This is certainly the investigation and prosecution of steppedwhite-collar crimes and white-collar criminals. White-collar crimes may be prosecuted at the federal level, both the state and, depending on whether a state or federal law was broken. If convicted, these crimes usually result in long prison sentences, fines and restitution for the big victims of crime. Many times the return is so large that it never repaid. The days of a slap on the wrist, probation officers, a trip to Club Fed and / or home confinementmore than for employees accused. New laws, tougher penalties and more vigorous prosecution of white-collar crimes combine all criminals for longer sentences and higher security designations for employees.

Due to the current overcrowding of prisons and the large number of white-collar defendants incarcerated white-collar defendants find it increasingly difficult to be determined at close to their families and are referred to a lower security federal prison. More andmore white-collar defendants are located in geographically designated federal prisons far from their homes and families. Many employees are also defendants in a higher security level referred to federal prison.

Most of the staff perpetrators are ordinary people who came into financial difficulties and who saw their way out of it by illegal and fraudulent actions. Unfortunately, it used to only the small fish that are caught and to imprisonment for a lengthy prison sentence by FederalImprisonment, not the big fish that got away. The big fish used to be able to isolate from the crime. There are so many people work in the small fish, structure the upper management level and manage the business, so the little fish are actually the people keep up the pressure to break the law, often unconsciously. Upper management does not have to get their hands dirty. All this for more and more employees of small fish criminals combinedinvestigated, prosecuted, convicted, and to lengthy prison in federal prisons. But the current trend will change everything. Federal prosecutors, in large part to the public outcry, now for the big fish and small fish. Enron, Martha Stewart, Bernard Madoff, James Nicholson, and the current economic crisis in the banking, foreclosures and Wall Street securities fraud played a major role in this process of change. Well, when it comes to sentencing and punishment, is theThe higher rate of socio-economic status of the offender, the harder the punishment juries. This is to both the small fish and large fish White-collar criminals get harder, stiffer and more federal prison sentences.



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