White-Collar Crime: Answers From a Lawrenceville White-Collar Crime Attorney
Speak with a trusted white collar crime attorney in Georgia.
A white collar crime attorney is highly trained in a variety of topics. They are experts in business law, contract law, and corporate law.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on May 31, 2022.
What Are White Collar Crimes?
What comes to your mind when you think of the term white-collar crime? Some form of non-violent criminal dealings. Well, you are right.
Coined in 1939 by Edwin Sutherland, white-collar has become synonymous with many financial crimes, including fraud, money laundering, and embezzlement.
White-collar crime is an act of theft or other criminal conduct which violates a corporate or government officer’s fiduciary duties. It is an offense committed by individuals or businesses without the use of violence for monetary or financial gain. It may include crimes involving copyright, bribery, forgery, and other crimes that are more often associated with businesses than with individuals.
Many professionals, including doctors, bankers, and even lawyers, get accused and investigated for such crimes. They are serious cases because they often cross state lines and cause significant financial loss to the victims.
White-collar crimes are federally prosecuted in a federal court. Hiring a criminal defense attorney in Gwinnett County, Georgia, with federal court experience is essential.
Find general information on Gwinnett State Court to get these law offices.
What Are Some Examples of White-Collar Crime?
Some of the most common white-collar crimes you can be accused of include corruption, money laundering, extortion, corporate fraud, bank fraud and embezzlement, securities and commodities fraud, healthcare fraud, and election law violations. It is worth noting that the word fraud refers to a broad range of schemes used to scam people out of their money.
Discussed below are some common examples of white-collar crimes.
Corporate fraud, also called business fraud, refers to illegal and unethical activities committed by organizations, individuals, or groups for competitive advantage over other organizations or other financial gains.
Extortion involves unlawfully using actual or threatened force, violence, or intimidation to obtain money, property, goods, or services from an individual or entity. The victim is usually threatened with harm to their person or property, family members, or friends. Blackmail, for example, is a form of extortion that carries the additional threat of injury to an individual or organization if the trading of illegal goods does not occur.
Money laundering involves making cash earned from illicit activities, such as the money gained from selling drugs, then making it look like money from legal business activity.
Embezzlement happens when an individual overseeing a certain amount of money uses their position to steal or misappropriate funds.
Bankruptcy fraud occurs when a person filing for bankruptcy hides their wealth to get a court ruling in favor of the bankruptcy. It is usually at the loss of creditors, so the law makes it a criminal offense.
Health care fraud is prevalent among medical providers, patients, and others who intentionally deceive the health care system to receive unlawful benefits or payments.
Securities fraud is an illegal activity involving manipulating securities or asset markets to profit at the expense of others. This crime includes providing false information, withholding essential information, offering bad advice, and offering or acting on inside information.
Insurance fraud happens when a claimant takes advantage of an insurer and tried to gain some undue benefit or advantage or when an insurer knowingly denies a claim due to a client.
Georgia White-collar Crime Conviction Punishments
White-collar crimes, although non-violent, carry severe penalties. Not to mention the reputational damage that comes with mere allegations against you or your business.
Factors include the nature of the crime, the defendant’s criminal history, and the amount of money obtained. White-collar crimes can be charged as federal or state crimes or both.
The sentences range from 60 days to 1 year in jail for misdemeanors and 5 years to 30 years in prison for felonies. Misdemeanor white-collar crimes carry fines of between $500 and $1000, while felony convictions carry fines of between $1000 and $1000.
Both state and federal prosecutors aggressively pursue charges and aim for maximum sentences and fines.
Because federal prosecutors are highly trained and have extensive resources at their disposal, federal charges are distinctively challenging. Hiring a lawyer with extensive experience with the federal court system and white-collar defense is essential to have a fighting chance.
White-Collar Crime Lawyer in Lawrenceville, GA
White-collar crimes are complex, especially when you are unaware of all the financial jargon. A capable criminal defense attorney can explain these terms, inform you of all possible outcomes of your case, and develop a solid defense strategy.
Although Lawrenceville is a small town, Lawrenceville crime data shows that it has a higher crime rate compared to Georgia as a state. Hence, Lawrenceville criminal defense lawyer Philip Kim knows how to navigate these murky jurisdiction waters.
Benefits of Hiring a Lawrenceville White Collar-crime Lawyer
Hiring white-collar criminal defense lawyers from Philip Kim Law, P.C. will have the following benefits for you.
- Tailored representation: You will get a criminal defense attorney to give you personal attention and aggressively defend your case. Our law firm has no one-size-fits-all approach to your defense or pricing. We will always consider your situation and your goals.
- Experience: You will have an attorney with the right experience representing clients with white-collar crimes to have a strong defense. You will get a criminal defense lawyer familiar Lawrenceville criminal justice system, procedures, and personalities of Georgia’s local judicial or administrative authorities.
- Communication: You will have communicative legal representatives. We remain accessible throughout a case, and we endeavor to return calls and messages within 24 hours.
- Honesty: You will receive candid answers to your questions and concerns and an explanation that is easy to understand.
- Dependable: You can count on your lawyer to relentlessly defend you and get you the best possible outcome, whether a dropped charge, an acquittal, a reduced prison sentence, or probation.
The criminal defense firm of Philip Kim Law is equipped to handle any legal issues regarding your case, including criminal arrest warrant application hearings. Philip Kim Law P.C. services Lawrenceville and other areas in and around Gwinnett County and North Metro Atlanta.
Who Investigates White Collar Crimes?
Although white-collar crimes can be charged as state offenses, federal authorities often investigate them because the crimes are usually committed across state lines and sometimes affect the government. The entities that investigate white-collar crimes include the Federal Bureau of Investigation (FBI), the National Association of Securities Dealers (NASD), the Securities and Exchange Commission (SEC), and state authorities. It is important to note that federal investigators have more time and resources to spend on lengthy investigations than state authorities.
Which Is the Most Common White-Collar Crime?
The most commonly reported white-collar crime that incurs criminal charges is corporate fraud. It has caused significant monetary losses to investors and individuals. According to the FBI, most corporate fraud investigations involve false accounting schemes or fraud, obstruction of justice, insider trading, and misrepresentation.
Lawrenceville White-collar Crime Defense Lawyer
Sometimes you may get entangled in a white-collar crime without your knowledge, which might have dire consequences.
Hiring a skilled white-collar defense attorney will advise you on what legal defenses you have and help you successfully defend yourself.
Contact criminal defense attorney Philip Kim if you are under investigation or charged for a white-collar crime in Lawrenceville, Ga. Schedule a free consultation today to get started with your defense.