White-collar crime cases often take longer to process due to the complexity of proving knowledge and intent without a confession. Instead, these cases involve extensive documentation and evidence, such as text messages and emails, which can make the process more time-consuming. Once a grand jury is empaneled, prosecutors must subpoena those records and begin to build their case.
The range of offenses classified as white-collar crimes typically revolve around financial misconduct, including wire fraud, bank fraud, tax fraud, and health care fraud. White-collar crimes can also encompass various forms of private and public corruption, such as embezzlement, identity theft, and obstruction of justice, that involve breaches of trust and manipulation for personal benefit. Penalties for white-collar crimes primarily depend on the extent of financial loss incurred due to the misconduct. Courts will weigh any aggravating factors, including the number of victims affected, their vulnerability, and whether the crime involved sophisticated means or an abuse of trust. Mitigating factors, like the defendant’s criminal history and personal circumstances, are also considered.
A white-collar crime conviction can have lasting repercussions for the accused’s personal and professional life. In addition to a prison sentence, significant financial penalties, and the loss of professional licenses, the resulting social stigma and reputational damage can hinder future career prospects and personal relationships. Non-citizens may also face immigration consequences. Unfortunately, simply being charged with a white-collar crime can have many of the same repercussions, even in the absence of a guilty verdict.
Once a white-collar crime case goes to trial, it’s rare for the defense to argue that what the government says happened didn’t actually occur. Instead, defense strategies typically involve limiting or suppressing the government’s evidence through the filing of various motions. Defendants may also argue that the government failed to prove their intent to commit the crime, their knowledge of essential facts, their lack of good faith, or that they willingly violated the law.