Criminal Defense in Philadelphia for White Collar Crimes
If you’ve been accused of a white collar crime in Philadelphia then Contact Us for a free consultation. Mark D. Hauser is Philadelphia’s best criminal defense attorney and works closely with you to insure you receive the highest quality representation.
White-collar crime is a term that was first coined by sociologist Edwin Sutherland during a speech he gave to the American Sociological Association in 1939. He further stated that these types of crimes were often committed by people of high standing and respectability and usually committed during the course of the defendant’s occupation, such as banking or securities fraud.
State Penalties For White Collar Crimes
White-collar crimes cost the United States more than $300 billion every year according to the Federal Bureau of Investigation (FBI). It is estimated that over one-third of the American population may become the victim of this type of crime, however less than half the people will report it to the authorities. Some of the most common white-collar crimes include the following:
- Consumer, bankruptcy, securities, insurance, welfare and healthcare fraud
- All RICO (Racketeer Influenced and Corrupt Organizations) crimes performed in conjunction with an organized criminal enterprise, such as money laundering
- Insider trading
- Corporate crime
- Identity theft
- Computer crimes
- Public corruption
- Pension fund crime
- Extortion a.k.a. blackmail
- Environmental violations
- Obstruction of justice (interfering with a criminal investigation)
All white-collar criminal offenses can be prosecuted at either the state or federal level. The District Attorneys and prosecutors have a large amount of discretion when deciding whether or not to file a criminal case and which crimes the offender will be charged with.
How White Collar Offenses Are Prosecuted in Philadelphia
Most white-collar cases in Philadelphia will depend upon whether the prosecution can prove the defendant had a guilty mind when the crime was committed. One of the major fundamentals in criminal law is that the crime consists of both the physical and mental elements. The defendant must be aware their conduct is criminal in nature, which is called “mens rea”, Latin for guilty mind. The accused must be guilty of the four following elements:
- Intent—He or she intended to commit an illegal act.
- Knowledge—The individual is aware that their actions may result in harm to the victim.
- Recklessness—Regardless of the consequences, the accused decides to commit the offense anyway.
- Negligence—The individual may be found negligent if they fail to meet the reasonable standard of behavior expected.
When to Hire a Criminal Defense Attorney
Choosing the right white-collar defense lawyer is extremely important. An experienced attorney may be able to get the charges reduced through a plea agreement with prosecutors. If the case ends up going to trial, you will need a strong defense team who can defend against these charges. Anyone who has been charged with a crime in Philadelphia should seek advice from Mark D. Hauser(267-258-4330), who is an experienced Philadelphia criminal defense lawyer.