Indiana White Collar Crime FAQs : GLF

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White Collar Crime FAQs

Q: What is "white collar crime"?

A: White collar crime is a term originally used to describe criminal activity by members of the upper classes 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 less violent than other crimes, but their effects can be just as devastating, such as in the recent Enron case.

If you have questions about a White Collar Crime Arrest , contact a lawyer familiar with Indiana White Collar Crime Laws Now.

In some cases, businesses or corporations may be found guilty of white collar crimes. This guilt is in addition to the guilt of any employees or officers involved in the crime.

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.

Q: What is a "grand jury"?

A: A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the crime.

Q: Are defendants in white collar crimes treated any differently than other defendants?

A: The courts try to treat white collar defendants no differently than other defendants. There may be a suspicion that white collar defendants receive preferential treatment, especially regarding plea bargaining, terms of pre-trial release, and sentencing. It is important to remember, however, that white collar crimes, while very serious, usually do not involve physical violence, and are not crimes that are committed easily. The concerns that a court might have when deciding whether to release a defendant before trial, or deciding where to place a defendant to serve a jail sentence, are not the same for a white collar defendant as they would be for a defendant charged with a violent crime. Furthermore, many white collar cases depend on the cooperation of one or more defendants. A plea bargain for one defendant that seems unduly lenient may be the only way the government has of pursuing a case against a defendant guilty of far more serious crimes.

Q: How does the prosecutor decide which cases to pursue?

A: The first thing the prosecutor looks for is a legally sound case, or one without any obvious defects that will get it thrown out of court, such as violations of the defendant's constitutional rights or destruction of evidence crucial to the defense. The prosecutor next decides if there is enough evidence, with regard to both the quantity and the quality thereof, to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the office's policy objectives, or whether a more informal disposition such as pre-trial diversion may be a better option.

Q: What is "restitution"?

A: Restitution involves ordering the defendant to pay the victim a sum of money designed to compensate the victim for the monetary costs of the crime, such as medical bills, property damage, and lost wages. By federal law, under the Mandatory Victims' Restitution Act of 1996, restitution is required when a violent crime has been committed and other, limited offenses. Many state and federal laws also require a criminal offender to make restitution to the victim, and the court will order restitution under those laws when the offender is sentenced.

Q: What is forfeiture?

A: In some types of cases, the government may ask the court for an order allowing it to seize any assets purchased by a defendant with the proceeds of a crime. For example, the government may ask the court to allow it to seize an automobile purchased by a defendant with the proceeds of an inside trading scheme. This is known as forfeiture. The government also may seek forfeiture of money or bank accounts, solely by proving that the money is the proceeds of a crime.

Q: Do I need a lawyer to represent me even if I am innocent?

A: Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that injustice is to employ the services of a seasoned veteran of criminal defense law.

Q: If I simply intend to plead guilty, why do I need a lawyer?

A: You may not understand the full implications of the crime with which you are charged. Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.

If you have questions about a White Collar Crime Arrest , contact a lawyer familiar with Indiana White Collar Crime Lawyer Now.

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