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Despite their generally non-violent nature, white-collar crimes are still prosecuted harshly in the state of Florida. If you’ve been charged with a white-collar crime, or suspect you may be under investigation for one, it’s important to seek an experienced white-collar crime defense lawyer. Contact Will Hanlon at Hanlon Law in Lakeland to schedule a free consultation today.
The term “white-collar crime” was coined in 1939 by a criminologist by the name of Edwin Sutherland. At the time, it described crimes “committed by a person of respectability and high social status in the course of his occupation.” Basically, an upper-class person who committed a crime related to their upper-class job.
The use of “white-collar” comes from the tendency at the time to differentiate between the upper and middle-to-lower classes by their job. The affluent upper class, largely made up of businessmen, often wore suits with white button-downs that had white collars. The middle and lower classes, however, often wore uniforms better suited to physical labor jobs, such as maintenance technicians. These uniforms were generally blue jumpsuits, with blue collars. This led to “unskilled labor” jobs being referred to as “blue-collar” work while jobs requiring education were considered “white-collar” positions.
Subsequently, Edwin Sutherland coined the term “white-collar crime” as a reference to crimes committed by high-class businessmen as a part of their white-collar jobs.
Nowadays, though, white-collar crime is used as an umbrella term to describe pretty much every type of fraud. Florida Statute 775.0844 defines white-collar crimes as felonies that “involve the commission of deceit or fraud, conspiracy to deceive or defraud another person, and/or conspiracy to deprive someone else of their property,” with the intent to defraud or intent to conspire to defraud that person. The statute goes on to describe other offenses aside from felonies that fall under the umbrella, such as the abuse of an elderly or disabled person’s trust, forgery, issuing worthless checks, bribery, racketeering, etc.
The sentence for a white-collar crime will depend on what specific crime has been committed. Many white-collar crimes are felonies, which can come with hefty jail time and fines, along with life-long status as a convicted felon.
On top of the sentence for the specific crime committed, you may also be ordered to pay a fine of $500,000, or twice the value of the “pecuniary loss of gain,” whichever is greater. Those convicted of aggravated white-collar crimes are also responsible for any court costs for the victims, and may also be forced to pay restitution to those victims.
The concept of aggravated white-collar crime was introduced in 2001 when Florida passed the White-Collar Crime Victim Protection Act. This act introduced aggravated white-collar crimes as any white-collar crime committed two or more times with the same “victims, results, intent, accomplices, and/or manners of perpetration.” This serves the goal of discouraging long-term fraud schemes. The act also dictates harsher punishments for white-collar crimes committed against especially vulnerable demographics, such as the elderly and disabled.
Under the White-Collar Crime Victim Protection Act, if you’ve victimized 10 or more elderly people, 20 or more people of any demographic, or the state in any manner, with the actual or intended financial gain of $50,000, you can be charged with a first-degree felony. This is punishable by up to 30 years in prison, along with a $10,000 fine.
Despite the non-violent nature of white-collar crimes, the punishments can still be severe and have life-long consequences. That’s why it’s vital to seek out an experienced white-collar defense attorney to help build your case. Will Hanlon at Hanlon Law has spent nearly twenty years representing the accused. Our dedicated legal team will advocate on your behalf at every possible opportunity to help you secure the best possible outcome.
Contact us today to schedule a free consultation.
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