Legally, a “white-collar crime” is not different than any other crime under Texas law.
For example, a theft is a theft whether it involves a person stealing items from a person’s car or front porch or a salesperson using a corporate credit card without permission to buy personal items.
In both cases, the person will face either a misdemeanor or felony charge, usually depending on the value of the property the person allegedly stole.
White-collar crime is a term law enforcement officers and the public use to describe non-violent criminal offenses that often happen within a business, non-profit or government environment.
A white-collar crime usually involves a person engaging in a trick or scheme for some sort of financial gain. The property involved is most often intangible property like cash or other forms of money.
Here are some other characteristics of white-collar criminal cases:
- Those accused can be well-respected and successful professionals, or even government officials, with no criminal history.
- At the same time, those accused often have a lot to lose from a conviction, including their ability to earn a living.
- Especially when there is a lot of money involved, the penalties can be severe, even for a first-time offender.
- The facts and circumstances around the allegation can be complicated. As an example, the prosecutors will frequently call on a financial expert to explain complex transactions.
- The government’s case can be built on circumstantial evidence and inferences. Many times, the question in a white-collar criminal case is whether the person acted intentionally or just made a careless mistake.
- If the person is well-known, powerful or wealthy, the prosecution may take an aggressive position in order to show that there are tough on crime and consistent in their enforcement of the laws.
Getting charged in or even being threatened with a white-collar criminal case is scary. Especially if they are not familiar with the criminal justice system, those accused may not know where to turn to protect their freedom and their future.
They should make sure that they understand their rights and legal options right away to get clarity on how they should protect their interests.