Sélectionner une page

Securities fraud, embezzlement, corporate fraud and money laundering are considered white-collar crimes traditionally committed by businesses or offices. The SCE, NASD, FBI, and state agencies work together to investigate white-collar crimes, which are often prosecuted at the federal level. Penalties for committing economic crime include imprisonment, fines and restitution. The negotiation of agreements between a state and a company will take place on both sides at a relatively high level, it is almost exclusively an “economic situation” that offers the possibility of criminality. Although law enforcement claims to have prioritized white-collar crime,[13] evidence shows that this is a low priority. [14] Business lawyers work either for the government (or affiliated organizations) as prosecutors – including the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center – or in private practice in law firms (Chambers list of top commercial law firms in Washington). Below is a full list of white-collar crimes: antitrust violations, bankruptcy fraud, bribery, computer and internet fraud, counterfeiting, credit card fraud, industrial espionage and trade secret theft, embezzlement, environmental law violations, financial institution fraud, government fraud, healthcare fraud, Insider trading, insurance fraud, intellectual property theft/piracy, bribery, mail fraud, money laundering, securities fraud, tax evasion, telephone and telemarketing fraud and public corruption. Among the new endemic white-collar crimes facilitated by the Internet are so-called Nigerian scams, where fraudulent emails ask for help in transferring a large sum of money to a criminal network. Other common white-collar crimes include insurance fraud and identity theft. Some financial crimes are not directed against a particular person or company, but they are considered criminal because they have an overall negative impact on the public. Insider trading, for example, is considered an unfair advantage in the market, harming investors who do not have access to inside information. Counterfeiting can harm merchants who accept counterfeit notes and believe they are genuine. It also potentially harms the economy by destabilizing the currency.

The nature of the crimes committed depends on what is available to the potential offender. As a result, those employed in relatively low-skilled environments have fewer opportunities to benefit from themselves than those who work in situations where large financial transactions take place. [8] Workplace crime tends to be more obvious and therefore attracts more active police attention, such as vandalism or shoplifting. [9] On the other hand, employees may engage in legitimate and criminal behaviour and thus make themselves less visible by committing the crime. As a result, worker criminality will use physical force more frequently, while in the corporate world, the identification of a victim is less obvious and the issue of reporting is complicated by a culture of trade secrets to protect shareholder value. It is estimated that a large proportion of white-collar crime goes undetected or, when detected, goes unreported. For more information on white-collar crime, see this article from the University of Florida Law Review: Towards a Specific Intent Requirement in White Collar Crime Statutes (Sheyn), this article from the Harvard Law School Forum on Corporate Governance and Financial Regulation, and this article from the University of Georgia Law Review: “White-Collar Crime”: Still Hazy after All These Years (Dervan and Podgor). Crimes related to national interests consist mainly of treason. In the modern world, there are many nations that divide crimes into certain laws. The “crime of incitement to foreign aggression” is the crime of clandestine communication with foreigners to provoke foreign aggression or threat. “Crimes related to foreign aggression” are the betrayal of positive cooperation with foreign aggression, regardless of the national and foreign population.

“Insurgency-related crimes” are internal betrayal. Depending on the country, a criminal association is added. One example is Jho Low, a mega-thief and traitor who stole billions in US currency from a Malaysian government fund and is now on the run as a refugee. [16] A significant percentage of economic offenders are middle-aged working men, who usually commit their first economic crime in their late thirties to mid-forties, and who appear to be middle class. Most are highly educated, married, and have moderate to strong ties to the community, family, and religious organizations. White-collar offenders typically have a criminal past, including violations that span the entire spectrum of illegality, but many do not indulge too much in vice. Recent research on the five-factor personality trait model has found that white-collar offenders tend to be more neurotic and less pleasant and conscientious than their non-criminal counterparts. A cash-based business, such as a restaurant owned by a criminal organization, is a common tool for laundering illegal money.

Daily receipts can be inflated to route illegal money through the restaurant and to the bank for distribution to the owners. The perpetrator of securities fraud can be a person such as a stockbroker or an organization such as a brokerage firm, firm, or investment bank, and includes crimes such as: Most white-collar crimes are investigated and prosecuted by federal agencies, so defense attorneys are happy to go to court against the government. Defence lawyers often come from the government, making this area of practice one with more experienced lawyers assisting their clients with government investigations, compliance issues, and possibly lawsuits. The employee community is considered smaller and they “all know each other.” Although non-violent, state and federal laws treat these crimes seriously.