The term white collar crime refers to a large range of criminal activity and is contrasted with many other crimes in New Jersey that require the use of force, such as assault charges or those crimes associated with drugs.
White collar crimes often deal with monetary assets such as those associated with insider trading, embezzlement, money laundering, and identity theft. As white-collar crimes typically allege some form of deceit or statement that induced another, it is crucial to a case that there is documentary evidence. This further distinguishes white-collar crimes from other crimes you may be more familiar with. There is a common misconception that white-collar crimes are “victimless.” To the contrary, white collar crimes can destroy families, businesses, and individuals.
If you are charged with a white collar offense, call our white collar crime defense lawyers at (609) 616-4956 to schedule a free case review with us at the Law Offices of John J. Zarych.
What is Considered a White Collar Crime in Atlantic City?
The term “white collar crime” encompasses a very broad spectrum of criminal offenses. According to the FBI, white collar crimes typically include various offenses committed by business professionals and government officials. White collar crimes usually involve money and some form of fraud, although these factors might not necessarily be present in every case.
When we hear about white collar offenses, they often involve businesses, owners, managers, and employees. For example, if a business owner falsifies business records so they can pay their employees less than what they are owed, they are committing a white collar, fraudulent crime. Alternatively, if an employee is skimming money from their employer’s business accounts, they are also committing a crime, specifically embezzlement.
Government officials may also commit white collar crimes. Sometimes, these are elected officials; sometimes, they are government employees. If a person elected to a government office misuses government funds to pay for personal expenses, they may be charged with a white collar crime. The same goes for government employees who might defraud their employer.
The fraud involved in a white collar offense may be minor or major. For example, forging someone else’s signature on a check is a fraudulent offense, even though it seems relatively small. A bigger example of fraud might involve a fraudulent business scheme where a large company is doctoring financial records to get more money from investors.
White collar crimes are a serious matter, and you should have an experienced lawyer to help you. Your attorney can protect your rights during an investigation by the government while working to clear your name and reputation.
What Are the Penalties for Committing a White Collar Crime in Atlantic City?
There is an incredible range of criminal acts which are considered to be white collar crimes. New Jersey lists approximately forty crimes that constitute white-collar crimes. This does not include any federal charges that may be filed against a person. It can carry serious penalties such as prison time, probation, restitution, and monetary fines.
You need to speak with an attorney about your charges as quickly as possible so you can understand what kind of penalties you might be facing. For example, under N.J.S.A. § 2C:21-4(b), a person could be charged with falsifying or tampering with records if they issue false financial statements in order to defraud someone or conceal other wrongdoing. This commonly comes up in white collar cases. It is a third-degree crime punishable by at least 3 and no more than 5 years in prison.
Another example is insurance fraud. A person charged with at least 5 acts of insurance fraud may be charged with a second-degree crime, according to N.J.S.A. § 2C:21-4.6(c). Such a crime may be punished with at least 5 years in prison but not more than 10 years.
How you are charged depends on the allegations against you. Many white collar cases involve a whole host of charges ranging from small violations to major allegations of fraud and deception. You need an experienced lawyer to help you break down your charges.
Any accusation of a white-collar crime is a serious matter with very serious and long-lasting consequences. If you have received a subpoena or have been formally charged with a white-collar crime, you need to take every possible step and precaution to protect your rights.
Federal White Collar Crimes in Atlantic City
While New Jersey has codified many acts as white collar crimes, the Federal Government has also codified many acts and considers them white collar crimes. The Federal Government regulates and prosecutes white collar crimes through select federal agencies such as:
- The Internal Revenue Service
- Securities and Exchange Commission
- The FBI
- Secret Service
- S Customs
- The Environmental Protection Agency
These crimes and activities are aggressively prosecuted and pursued by both the state and federal agencies.
Consequences of White Collar Convictions in Atlantic City
While white collar crimes might come with some serious legal penalties, there may be other consequences you should consider. People convicted of white collar crimes often lose their jobs as a result, and finding a new one is often extremely difficult.
Having a white collar conviction on your record seriously hinders your career. If you manage to keep your job, you might lose future business opportunities, as people might not want to work with someone convicted of something like fraud.
If you lose your job, finding a new one might be difficult. Potential employers may run background checks to see if job candidates have convictions for things like white collar crimes. When they see your record, you might lose employment opportunities. Many people convicted of white collar crimes end up starting over in new career fields because they can no longer work in their previous profession.
You might also experience trouble with your personal finances. For example, if you wish to take out a loan to start a business or buy a home, your creditors may hesitate to work with you because you have a white collar crime on your record.
How You Can Challenge White Collar Criminal Charges in Atlantic City
Considering the wide variety of white collar crimes on the books, your defense strategies must be uniquely tailored to your case and your needs. Our team can help you explore potential defense options that might work well with your case.
A major component of many, although not necessarily all, white collar offenses is fraud. Fraud is not something that is done by accident. It usually must be done knowingly and purposefully. Perhaps you found yourself engaged in fraudulent business practices, but you were unaware of the fraud. This sometimes happens when one person in a business is practicing fraudulent business practices, but they try to implicate others to hide their tracks.
It is also possible that you never actually committed any fraud. Perhaps a customer, client, or someone connected to your business or employment was so unhappy with their service that they felt they had been defrauded. This tends to come up in cases where the service provided to clients involves some risk. For example, investing is inherently risky, and bad investments do not always result from fraud. We can comb through business records to show you never engaged in fraud.
What Kind of Evidence is Involved in a White Collar Criminal Case in Atlantic City?
White collar crimes are usually non-violent offenses that often have no witnesses. In some ways, white collar crimes almost entirely occur on paper. As such, records and paperwork are often the primary evidence in white collar cases.
Business records may play a huge role as evidence in your case if your alleged offense involved fraudulent business practices. The government will likely subpoena your business records so they can pour over them and try to determine if and where the fraud occurred.
Bank transactions and related documents might also be involved. White collar offenses involving bad checks or falsified banking documents might cause the government to demand access to your banking information and records.
Various money and paper trails may be used as evidence. By the same token, our team of experienced lawyers can use the same evidence to fight your charges. We might help you show how the documents involved in your case are not falsified. If they are falsified, we might instead show how they are not connected to you and someone else is responsible for the fraud.
Get the Experience of an Atlantic City White Collar Crime Defense Attorney
If you are charged with a white collar offense, call our white collar crime defense lawyers at (609) 616-4956 to schedule a free case review with us at the Law Offices of John J. Zarych.
