Author: Cathy Scully

White-collar crime is a crime category involving deceit or fraud. The term was coined by American sociologist Edwin Sutherland in the early 20th century. By definition, it refers to a non-violent crime committed with the purpose of achieving financial gain.

A white-collar crime involves the use of non-violent means to acquire money. Although the methods used are non-violent, they are still illegal. This explains why white-collar crime can result in severe penalties.

Are you being investigated, or have you been charged with a white-collar crime? An experienced NJ Criminal Defense Attorney can inform you of your legal rights and options.

 Common White Collar Crimes

What are some of the most common white-collar crimes? Some white-collar crimes are recorded at higher rates than others. They include:

Embezzlement

Embezzlement involves illegally and secretly taking money from a party to whom you owe a duty. A typical example is when an employee siphons money from their employer or employing organization into their personal account. In most cases, embezzlement charges are usually brought against a company accountant or investment advisor. A lawyer who misuses a client’s funds can also be charged with embezzlement.

Fraud

Fraud is a recurring theme in most white-collar crimes. It involves deceiving a person, investor, or client for financial gain. Generally, the most common type of fraud committed in the country is securities fraud. This is where one party misinforms another about the buying and selling of investments.

Insider trading is a type of securities fraud where an investor makes gains on financial trades by using inside information about a company.

Brokers and investment advisors who provide misleading information to investors when offering and selling an investment can be charged with securities fraud.

Tax Evasion

State and federal tax laws set out tax obligations for individuals and companies. If you illegally avoid a tax you are obliged to pay, you can be charged with tax evasion. Tax evasion could also involve illegal property transference to avoid tax obligations and improper tax filing.

Both individuals and businesses can be charged with tax evasion.

Money Laundering

Money laundering involves processes designed to ‘clean’ illegally obtained money. This could be money obtained through illegal transactions such as drug sales. Essentially, money laundering takes place in three steps:

• The ‘dirty’ cash is deposited into a financial institution
• It is passed through complex transactions, so it is difficult to trace
• The money is integrated with ‘clean’ money usually through the purchase or sale of assets.

Other White Collar Crimes

Other common forms of white-collar crime include:

• Mortgage fraud – This is where an individual lies about their financial circumstances when applying for a mortgage loan
• Insurance fraud – This is where an individual lies about an insurance-related incident to collect payment

Talk to an NJ Criminal Defense Attorney

White-collar crimes don’t involve violence. However, they can still result in hefty penalties, including jail time. This is why you must discuss your case with an attorney. A knowledgeable NJ Criminal Defense Attorney will help you navigate liability and possible defenses to get the best outcome.

Neary Law has been dedicated to representing defendants facing criminal charges in New Jersey since 1982. Attorney Neary offers quality legal advice and representation. If you have been charged with a white-collar crime, contact him at (201) 801-4365 to schedule a consultation.

References

https://www.fbi.gov/investigate/white-collar-crime

https://www.investopedia.com/terms/w/white-collar-crime.asp

‘Can I get a DWI expunged’ is a common question among New Jersians with a criminal record. This is because having a criminal record can be devastating. Aside from hurting your ability to get gainful employment, it can also affect your eligibility for insurance coverage and mortgage. If you have been arrested for driving while intoxicated, you need to hire a competent NJ Criminal Defense Lawyer.

The penalties for a DWI conviction in New Jersey can vary depending on several factors. For instance, a first-time offender might receive a lighter punishment than a repeat offender. You are also more likely to acquire serious charges if you cause an accident that injures someone.

Let’s take a look at how you can handle a New Jersey DWI conviction.

Expungement in New Jersey

Expungement refers to the removal of criminal charges from your record. In New Jersey, certain convictions can be expunged. These include indictable crimes such as:

• disorderly persons
• drug offenses
• simple assault charges

Unfortunately, once you are convicted of a DWI, it stays on your permanent driving record. This is because a DWI or DUI charge is a traffic offense and not a criminal offense. By maintaining these records, the state can identify repeat offenders and enforce stricter penalties on them.

That said, a DWI conviction doesn’t show up on your background check. This means that it will likely not affect your ability to get a job or housing. But, it could result in surcharges from your insurer.

Post-Conviction Relief

After a DWI conviction has been passed, you can challenge the judgment through a post-conviction relief motion. This is a situation where you argue that your trial attorney failed to defend you satisfactorily during the trial. You can attempt to prove that their actions or omissions hurt your case.

In essence, DWI appeals are rarely successful. It is almost impossible to get the guilty verdict reversed. Nonetheless, there is no risk of getting your sentence increased, and you may even get the court to reduce your penalties.

10-Year Step Down for Subsequent DWI Convictions

In New Jersey, people with DWI convictions are subject to the ‘ten-year step down’ rule. This means that if you get arrested for a DWI 10 years after your first conviction, you will be treated and sentenced as a first offender.

For instance, if you get arrested for driving while intoxicated 13 years after your first conviction, you might have your driving license suspended for 3 months to 1 year instead of 2 years.

This leniency is not available before 10 years pass between your first and second or second and third convictions. If you are arrested in the 8th year, you will face the stricter penalties reserved for repeat offenders.

Hire an NJ Criminal Defense Attorney

A permanent conviction on your criminal record can be a real burden. This is why it is crucial that you retain legal representation at the time of your arrest. Doing so will give you your best chance of beating a DWI conviction.

NJ Criminal Defense Attorney, Brian J. Neary, has handled many DWI cases. Depending on your case’s nature, he can challenge the evidence against you and have your charges reduced or even dismissed. He can also help you avert any additional fines or the loss of your license.

If you are dealing with a DWI case, contact Neary Law today. Contact us at (201) 801-4455.