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[U32]Understanding White Collar Crime

by Matthew Stanton, Mat

The Federal Trade Commission reports that identity theft is the largest consumer complaint and the fastest growing crime in America. In 2007, the Federal Bureau of Investigation (FBI) reported that identity theft affected 9.91 million Americans. In addition, there are probably many more cases that went unreported. Identity theft has accounted for $52,600,000,000 in losses in 2007. Most identity theft victims never know their identity has been stolen until they get phone calls and letters from collections agencies or even the IRS telling them they owe money.

ID theft victims usually experience that fixing the problem can be a nightmare. On average, victims spend up to 600 hours and thousand of dollars in expenses just to prove they are innocent. Worse, contrary to judicial practice, most creditors consider the ID theft victim guilty until they prove otherwise.

The problem is that many people do not take ID theft seriously and do not take the necessary ID theft protective measures. There are many precautionary measures you must do in order to protect yourself from ID theft. The first thing you should do is to check your credit reports at least once a year from all three credit bureaus in order to make sure you do not have accounts you do not know about. The major credit reporting agencies include Equifax, Experian Information Solutions and TransUnion.

In addition, you should shred or burn papers with credit card or bank account numbers, Social Security numbers, etc. These documents may fall to unscrupulous individuals and the personal information might be used to commit ID theft. You should also avoid putting your Social Security number on anything, unless it is legally required. Some checks have the issuers Social Security number on them and some drivers license routinely use Social Security number. This is a big mistake. You should check with the local DMV and bank to see if they offer another option.

In todays information age, physically stealing mail and papers is not the only way to get information.One of the disturbing trends that identity thieves use is phishing. This is a criminally fraudulent process of attempting to acquire sensitive financial and personal information by masquerading as a trustworthy entity in an electronic communication. Phishing uses spam, email or pop-up messages to deceive Internet users into disclosing credit card numbers, bank account information, Social Security numbers, passwords, and other sensitive information. These e-mails appear to come from a legitimate company, usually a financial institution or credit card issuer, urging you to immediately reply with personal information so your account is not deactivated.

Vigilance is the key to ID theft protection. Always file a police report promptly after discovering ID theft as you will need it in disputing fraudulent charges.

1. What is White Collar Crime?

White Collar Crimes include: Antitrust Violations, Bank Fraud, Bankruptcy Fraud, Bribery, Computer/Internet Fraud, Credit Card Fraud, Counterfeiting, Economic Espionage, Embezzlement, Extortion, Forgery, Insurance Fraud, Money Laundering, Securities Fraud, and Tax Evasion. These are generally non-violent acts that involve some type of deception, most often committed by those in business or public office.

2. Can only businessmen be charged with white-collar crimes?

The early definition of white-collar crime focused on the status of the offenders when it identified them as professionals or businessmen. However, the current definition of white-collar crime focuses on the actions committed and not on the vocation of the offender. White-collar crime is using illegal acts involving deceit to obtain property or services or to gain a business or professional advantage. Drug dealers have been charged with the "white collar crime" of mail fraud when they have delivered controlled substances through the mail. A printer was convicted of securities fraud when he used information he obtained in the course of printing corporate documents to gain an advantage in the stock market.

The RICO Act is generally thought of as a white-collar crime prevention statute. It punishes anyone who engages in a pattern of racketeering to generate income to buy a business or to conduct a business. The pattern of racketeering refers to at least two criminal acts listed in the statute that have a relationship to each other and occur within ten years of each other. Originally passed to control organized crime, RICO has been applied to drug dealers, and other non-organized crime defendants.

3. What are the penalties associated for a white collar crime?

The penalties for white-collar crimes vary. Most of the laws authorize a monetary fine, a prison sentence, or a combination of the two. The criminal laws authorize maximum penalties, which are often quite severe. For example, the maximum possible sentence for credit card fraud is a prison sentence of twenty-five years, and a fine of $250,000. In addition, the court may order forfeiture of anything gained as a result of the fraud.

The maximum penalties are seldom imposed. Most defendants receive a lesser sentence that may, depending on the jurisdiction, be calculated according to sentencing guidelines. These guidelines are meant to ensure that criminal sentences are uniform, so the sentencing judge is often given very little discretion on the sentence imposed. The guidelines take into account the crime for which the defendant has been convicted, and any prior criminal record of the defendant. In some cases, the court may consider factors that will allow it to depart, or impose a sentence different, from the sentence required by the guidelines.

Defendants without a significant criminal record may be sentenced to probation, a suspended jail sentence, or a jail sentence far shorter than the maximum. They may have fines levied against them, and may be required to forfeit any profits, and pay restitution to their victims.

An experienced criminal defense attorney is best able to advise you regarding the likely sentence in a particular case.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Both Matthew Stanton & Joseph Hawthorne are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Matthew Stanton has sinced written about articles on various topics from Mobile Phone Reviews, Gift Ideas and Shopping. Matthew Stanton writes an article about ID Theft Protection and how one can benefit from having themselves protected against possible risks. Simply visit this website at. Matthew Stanton's top article generates over 301000 views. to your Favourites.

Joseph Hawthorne has sinced written about articles on various topics from Legal Matters, DUI Lawyer and Online Security. If you've been charged with , find a criminal defense lawyer at a local law firm that can help you with a. Joseph Hawthorne's top article generates over 1000 views. to your Favourites.