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Despite some fluidity existing in regard to what constitutes a while collar crime, there is a general consensus about what falls within this category of criminality. Generally speaking, white collar crime encompasses certain nonviolent crimes, according to Cornell Law School. These crimes are usually perpetrated in commercial situations for financial gain.
If you are being investigated for a white collar crime, or if you have been charged with this type of offense, you need to understand your rights, the parameters of the specific law or laws you are alleged to have violated, and the need to obtain suitable legal representation. The reality is that a good many men and women in Long Island face white collar charges each year. If you are part of this group, you need to be proactive in obtaining the assistance of a capable Long Island white collar crime lawyer;
Common Types of White Collar Crimes
The list of what constitutes white collar crime in New York, and across the United States is lengthy. Examples of what constitutes white crimes include embezzlement, insurance fraud, insider trading, mail fraud, money laundering, and securities fraud. Other examples of white collar crimes include tax evasion, public corruption, counterfeiting, credit card fraud, and computer and internet fraud.
White collar charges can accompany accusations involving other types of crimes as well. For example, a person charged with selling illegal drugs might also face a white collar charge of money laundering.
Federal and New York State Laws Regarding White Collar Crime
Both the United States federal government and the state of New York maintain laws addressing a broad spectrum of different types of white collar crimes. There are a some types of white collar crimes that can be charged and prosecuted only by the state of New York. There are others that can only be pursued by the United States. A great money white collar crimes can be prosecuted by either the state or federal government. In some instances, an individual can be charged with white collar crimes by both the United States and the state of New York.
What is known as the doctrine of double jeopardy does not typically apply when an individual is charged on both the federal and state level for white collar crimes arising out of the same course of conduct. The Constitution of the United States does prohibit double jeopardy. What this means is that a person cannot be prosecuted more than once for the same crime.
The reason double jeopardy does not apply when a person faces both a federal and state prosecution for the same conduct is that separate and distinct crimes are being charged. An individual is not being charged twice with the same crime.
Punishment in a White Collar Crime Case
Historically, people convicted of white collar crimes received what were thought to be lighter sentences when contrasted with individuals charged with other types of crimes. On some level, that is an accurate statement from a historical standpoint.
Recognizing that reality, it is important to note that public policy in New York, and elsewhere, tends towards viewing violent crimes as being a greater threat to public welfare. For that reason, violent crimes historically, and even today, tend to result in more significant sentences upon conviction.
With this information understood, on recent years, the state of New York and the United States have both beefed up their criminal codes when it comes penalties for white collar crimes. This has included the institution of mandatory minimum sentences for some types of white collar crimes. In addition, sentence lengths permitted by law have also been extended for some crimes on the state and federal level.
In a case involving a white collar crime, a person convicted on a charge is also likely to face financial penalties in addition to possible prison time. In addition, an order of restitution will be a part of a sentence in this type of case as well.
Retain an Experienced Long Island White Collar Crime Lawyer
In many cases, a person knows that he or she is being investigated for a while collar crime before ever being charged. If that describes your situation, you should not wait until formally are charged with a crime or crimes to seek legal representation. The reality is that retaining a Long Island white collar crime lawyer sooner rather than later, including before you are charged, is the best course to take to protect your vital legal rights, according to the American Bar Association.
By scheduling an initial consultation with an experienced Long Island white collar crime lawyer you are able to learn more about white collar crime, your rights, and strategies that might be available to defend your case. You also have the important opportunity to obtain answers to your questions. There usually is no attorney fee charged for an initial consultation with a criminal defense attorney.