What is White Collar Crime?
Great question, as white collar defense attorneys, we are sometimes asked about the origins of this term. The term has been around for quite some time. Edwin H. Sutherland first used the phrase “White Collar Criminality” as the title of his Presidential Address to the American Sociological Society at the organization’s annual meeting in Philadelphia in December 1939. At that time, he described White Collar Criminality in business as:
“. . . expressed most frequently in the form of misrepresentation in financial statements of corporations, manipulation in the stock exchange, commercial bribery, bribery of public officials directly or indirectly in order to secure favorable contracts and legislation, misrepresentation in advertising and salesmanship, embezzlement and misapplication of funds, short weights and measures and misgrading of commodities, tax frauds, misapplication of funds in receiverships and bankruptcies.” [1]
What is Considered as White Collar Crime Today?
Since this phrase was first coined, the concept of white collar crime has evolved over the last 80 years. Today, the Federal Bureau of Investigation (FBI) describes white collar crime as:
“. . . white-collar crime is now synonymous with the full range of frauds committed by business and government professionals. These crimes are characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence. The motivation behind these crimes is financial—to obtain or avoid losing money, property, or services or to secure a personal or business advantage.” [2] (emphasis added).
Which Federal criminal statutes are considered to be white collar offenses? That’s a tough question to answer when you consider the fact that no one even knows how many Federal criminal statutes are currently in effect. The most recent estimate available placed the number at around 4,500. Many years ago, the U.S. Department of Justice attempted to compile a complete list. As one Justice official put it at the time, "You will have died and resurrected three times," and still be trying to figure out the answer.[3]
Liles Parker’s Team of Attorneys Include Former Federal Prosecutors, Experienced Litigators and Subject-Matter Experts
Liles Parker white collar defense attorneys actively represent corporations and individuals in connection with the defense of financial crimes, government audits and investigations. A number of our attorneys have served in key positions in the Department of Justice and have served as Federal prosecutors in U.S. Attorney’s offices in Texas, California, Louisiana, Virginia and the District of Columbia. While most of our work is Federal, one of our attorneys built his early career handling complex state criminal defense cases, representing defendants against a wide variety of felony charges.
As former Federal and / or State prosecutors and white collar defense attorneys,[4] we will aggressively work to protect your financial interests and, most importantly, help safeguard your liberty.
Do you need help? Give us a call for a complimentary consultation.
White Collar Defense Matters and Cases We Handle Include
- Aiding and Abetting (18 U.S.C. § 2)
- Aggravated Identity Theft (18 U.S.C. § 1028A)
- Bank Fraud (18 U.S.C. § 1344)
- Bankruptcy Fraud (18 U.S.C. § 157)
- Bribery and Violations of the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b))
- Bribery of Public Officials (18 U.S.C. § 201)
- Civil Fraud Actions
- Computer Fraud and Abuse Act Violations (18 U.S.C. §1030)
- Conspiracy Crimes (18 U.S.C. § 371)
- Counterfeiting and Forgery (18 U.S.C.§§ 470 — 513)
- Currency Structuring (31 U.S.C. § 5313)
- Eliminating Kickbacks in Recovery Act (EKRA) Violations (18 U.S.C. § 220)
- Embezzlement and Theft (18 U.S.C. § 641)
- Extortion - Blackmail (18 U.S.C. § 873)
- False Claims Act – Qui Tam Actions (31 U.S.C. §§ 3729 – 3733)
- False or Fraudulent Claims (18 U.S.C. § 287)
- False Statements Involving Health Care Programs (18 U.S.C. § 1035)
- False Statements Involving Federal Health Care Programs (42 U.S.C. §1320a–7b(a))
- Fraud and False Statements (18 U.S.C. § 1001)
- Federal Appeals
- Federal Investigations
- Foreign Corrupt Practice Act (FCPA) Violations (15 U.S.C. §§ 78dd-1, et seq.)
- Fraudulent Identification of Documents (18 U.S.C. § 1028)
- Grand Jury Representation
- Health Care Fraud (18 U.S.C. § 1347)
- Import – Export Fraud
- Insurance Fraud
- Internal Investigations
- International Crimes
- International Extradition
- Interstate and Foreign Travel or Transportation in Aid of Racketeering Enterprises (Travel Act) (18 U.S.C. § 1952)
- Internet Fraud
- Mail and Wire Fraud (18 U.S.C. § 1341, 1343)
- Misprision of a Felony – 18 U.S.C. § 4
- Money Laundering (18 U.S.C. § 1956)
- Obstruction of Criminal Investigations (18 U.S.C. § 1510)
- Obstruction of a Federal Audit (18 U.S.C. § 1516)
- Obstruction of a Criminal Investigation into Health Care Offenses (18 U.S.C. § 1518)
- Obstruction of Justice (18 U.S. Code §?1503)
- Obstruction of Proceedings Before Departments, Agencies and Committees (18 U.S. Code §?1505)
- Prescription Drug Fraud
- Prohibition Against Kickbacks (Anti-Kickback Statute) (42 U.S.C. §1320a–7b(b))
- Public Corruption
- Responding to Federal and State Law Enforcement Concerns
- Securities and Investment Fraud (18 U.S.C. §1348)
- Tax Fraud
- Telemarketing Fraud
- Theft or Bribery Related to Federally Funded Programs (18 U.S.C. § 666)
- Theft or Embezzlement Involving Healthcare Programs (18 U.S.C. § 669)
- [1] American Sociological Review, "White Collar Criminality" Volume 5, Number 1, February 1940.
- [2] https://www.fbi.gov/investigate/white-collar-crime#Major-Threats%20and%20Programs
- [3] Wall Street Journal. "Many Failed Efforts to Count Nation's Federal Criminal Laws". By Gary Fields and John R. Emshwiller (July 23, 2011).
- [4] For an overview of the Liles Parker team, please see our attorneys page.
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