White Collar Crime


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Frequently Asked Questions about White Collar Crime

Q: What is "white collar crime"?

A: White collar crime is a term originally used to describe criminal activity by members of the upper class in connection with their professions. Today, the most common definition of white collar crime no longer focuses on the social status of the offender but rather on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property or services, or to secure a business or professional advantage. White collar crimes are usually not violent, but their effects can be just as devastating.

Q: Who prosecutes white collar crimes?

A: White collar crimes may be either state or federal crimes. Because they often involve lengthy investigations that can cross state or even international boundaries, the federal government is usually in a better position to investigate and prosecute white collar crimes. Usually a federal prosecutor, known as an Assistant United States Attorney (AUSA), will head up the prosecution.

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White-collar crimes are often classed as felonies, the most serious class of crimes. In 2000, over two-thirds of those convicted of a felony were sentenced to prison or jail time. If you have been arrested or charged with a felony white collar crime, you must act to preserve your liberty. A knowledgeable and experienced defense lawyer is your best asset when your freedom is on the line.

If you have been accused of a white collar crime, such as wire fraud, bank fraud, insurance fraud or embezzlement, it is important to discuss your case with a qualified criminal defense attorney as soon as possible. If you are a pharmacist, physician, dentist, veterinarian, chiropractor, or other medical professional, any kind of criminal conviction may put your professional license in jeopardy. Therefore, your attorney should be familiar with the specific professional licensing consequences of an arrest or conviction.

For a discussion of issues involved in white collar crime, please read the general information below. To confer with an attorney who understands the intersection of criminal law and professional licensing requirements, please contact the Law Offices of Christopher Pencak today.

From our offices in Chesterfield and Mio, we serve clients in the Detroit area and throughout Michigan, including the communities of Sterling Heights, Mount Clemens, Rochester Hills, Pontiac, Ann Arbor, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing, Saginaw, Royal Oaks, Bloomfield Hills, Troy, Farmington, Bay City, and Muskegon. We represent clients in southeast Michigan and throughout the Lower Peninsula, including residents of Macomb County, Oakland County, Wayne County, Kent County, Washtenaw County, and Monroe County.

White Collar Crime - An Overview

Crimes that do not involve physical violence, and that relate largely to financial matters, are often called "white collar crimes." White collar crimes involve most of the same legal principles as do other crimes, and people charged with white collar crimes have the same rights and protections as defendants accused of other crimes. On the other hand, white collar offenses are often complex, and involve numerous complicated legal and factual issues. The possible penalties include fines, prison sentences, restitution and criminal forfeiture. If you have been charged with a white collar crime, it is essential that you seek legal counsel from an experienced white collar criminal defense attorney at once so that you can preserve your rights and protect your future.

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Fraud

Black's Law Dictionary (8th ed. 2004) defines fraud as "a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment." The injury in fraud is usually depriving a person of money or other property that rightfully belongs to that person. Fraud crimes are classified according to the type of transaction in which the deception occurred. Fraud is a serious and broadly defined criminal offense. Criminal fraud is a charge that can be brought against a business, as well as against an individual (a business cannot be put in prison, but can be hit with substantial fines). A charge of fraud — let alone a conviction — can ruin the reputation of a person or company charged. Zealous legal representation is critical in fraud cases, as in all criminal cases. It is critical for an accused to seek help from an experienced white collar criminal defense attorney.

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Grand Jury Investigations

A grand jury is a powerful tool that federal prosecutors can use to investigate and gather information about white collar crimes. The grand jury has the power to subpoena witnesses to testify and produce documents for review in an effort to gain information about an individual's involvement in a white collar crime and to see if there is enough evidence to indict that person. If you have been subpoenaed to appear before a grand jury, it is important to seek the advice of an experienced defense attorney

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Other Types of White Collar Crime

The term white collar crime encompasses a wide variety of criminal acts that are committed in a business or professional setting to achieve financial gain. This article provides general information about a few of the more common types of white collar crime. If you would like more information about these or other white collar crimes, contact an experienced white collar criminal defense attorney.

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Penalties for White Collar Crime

The most frightening part of being a defendant in a white collar criminal case — or any criminal case — is the potential penalties involved if convicted. Most white collar defendants have no prior experience with the criminal justice system, and the uncertainty of their future looms understandably large in their minds. In addition to criminal penalties, many white collar offenses may give rise to civil lawsuits, brought either by the federal or state government, or by the victims of the offense. Any civil liability imposed as a result of these suits is in addition to, and not a substitute for, the penalties imposed in the criminal case. An experienced white collar defense attorney can give you specific advice on the possible penalties in a particular case.

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Office Location

Law Offices of Christopher Pencak, P.C.
27322 - 23 Mile Road, Suite 7
Chesterfield, MI 48051-2032

586-598-4650
989-848-2813 (Oscoda County Office)

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Christopher Pencak - A Lawyer and a Phramacist