Orange County White Collar Crime Defense Lawyers
Orange County White Collar Crime
ORANGE COUNTY RESOURCES
Orange County is home to many affluent people as well as numerous Fortune 500 corporations, technology companies, and many other well-to-do businesses. With each comes the possibility of success and fortune, however, such business also bring the risk of white collar crime. Positions of privilege and authority in a company can lead to the chance that someone may illegally use this opportunity for additional financial gain. According to the Federal Bureau of Investigation (FBI), white collar crimes are committed on both a small and large scale and result in billions of dollars in loss every year.
What is the difference between white collar crime and other crimes?
Those charged with committing a form of white collar crime in California can be prosecuted for a variety of criminal activity. White collar crime is an umbrella term for a variety of crimes and those charged with such activities are prosecuted for their specific crimes, such as fraud, and not the general term of white collar crime. The term can be traced back to 1939, when it was defined by American sociologist Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation." Often, those charged with a white collar crime have a position of power in a company and reputation of respectability. They may use the powers of their occupation and position in a company to commit crimes, most often dealing with illegally obtaining monetary gains.
These forms of crime are often non-violent in nature and focus more on what the Federal Bureau of Investigation (FBI) has deemed as "lying, cheating, and stealing." In comparison, crimes that are violent in nature are not often seen as white collar crimes, although those prosecuted for white collar crime may have had some involvement in a violent crime.
What crimes are considered white collar crime?
White collar crimes include acts of exploitation and illegal use of one's trusted position in society and business, often overlapping with what is deemed as corporate crime. Crimes designated as white collar include:
- Fraud;
- Money laundering;
- Embezzlement;
- Bribery;
- Identity theft;
- Forgery;
- Insider trading; and
- Computer crime.
These types of crimes are more readily available to white-collar employees due to the information and technology they have access to in their employment.
How are white collar crimes punished in California?
As there are a large number of crimes that are committed under the scope of white collar crime, there is an array of punishments that can be handed down to those convicted. Each crime has its own set of punishments as defined by the California Penal Code, and those charged with white collar crime activity often face a number of criminal charged. In addition, when money or valuable property has been illegally taken, a defendant can face petty theft or grand theft charged, depending on if the gains in question were less than or greater than $950.
White collar crimes can result in the illegal taking of hundreds of thousands of dollars. California law has set up a provision for those charged to have done so, known as aggravated white collar crime. Under California Penal Code Section 186.11(a)(1), a person who commits at least two related felonies based in fraud or embezzlement that illegally take, "more than one hundred thousand dollars ($100,000), shall be punished, upon conviction of two or more felonies in a single criminal proceeding, in addition and consecutive to the punishment prescribed for the felony offenses of which he or she has been convicted, by an additional term of imprisonment in the state prison."
When the monetary amount exceeds $500,000, the defendant can be sentenced to an additional two, three or five years of imprisonment. Between $200,000 and $500,000 can be punished by an additional two years of prison and over $65,000 is punishable by one extra year.
Orange County White Collar Crime Legal Representation
White collar crimes can lead to especially harsh prison sentences and financial penalties for those found guilty. Even crimes of small magnitude can result in compounded multiple charges for a defendant. Those found guilty not only face immediate punishment, but the inability to find employment after they have carried out their sentences. Orange County criminal defense attorney Jeremy Goldman has years of experience in the field and can work to build a tenacious defense against the charges you face for your crime. For more information on how our law team can help you in your white collar crime defense case, call our offices at (800) 349-1619 today.
