“White collar crime” is a broad description, not a single charge. The FBI includes financial and related offenses such as health care, mortgage, and securities fraud and money laundering. The prosecution must prove the elements of the actual statute charged; an accounting error, business loss, or disputed transaction does not automatically establish criminal intent.
Common allegations
- Fraud: Alleged deceptive representations or concealment in a transaction, such as a loan, insurance claim, or investment.
- Securities violations: False statements to investors or certain trading involving material nonpublic information. Insider trading law has specific requirements; merely knowing information or speaking with someone does not necessarily establish a violation.
- Embezzlement: Alleged misuse of money or property entrusted to a person, often examined through access records, authority, and transactions.
- Tax crimes: Alleged willful evasion or other violations. A late return or tax dispute does not alone prove criminal evasion.
- Money laundering: Transactions alleged to involve proceeds of unlawful activity, with statutory knowledge and purpose requirements.
Responding to an investigation
Preserve records, communications, and financial data. Avoid altering documents or contacting potential witnesses to coordinate accounts. Consult counsel before an investigative interview or responding to a subpoena. The appropriate analysis depends on the federal or state statute, records, and role of each person.
Roy J. Kahn, P.A. handles white collar defense matters in Miami. No outcome is guaranteed. This article is general information, not legal advice.
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