White collar crime

"White collar crimes", how did this definition come about? It is to Edwin Sutherland, a famous American scholar, that we owe the first definition of those who were included in "white collar crimes."

Sutherland lays the foundation for a study that will never be abandoned, on the contrary, research in the years to come will refine the white-collar model, adapting it to specific practices and to economic and social changes. From here on, the criminological investigation will no longer be directed at individual subjects but at complex and structured criminal behavior, based on the economic organization of the company.

These crimes were specifically those committed by people of high social status (who could qualify as such depending on the position they held), so they mainly referred to people of middle-high social extraction and considerable technical experience, authorized and "socially strong".

In fact, it was concluded that, precisely because of this important role, these subjects were more likely to desire and more easily obtain undue enrichment, even committing, if necessary, serious irregularities sanctioned by criminal law.

That is why it became necessary to circumscribe these crimes, called white collar crimes, distinguishing them from the others.

Very often, white collar crimes are flagged not as simple violations of technical standards, but as premeditated behavior that affects different categories of victims.

Among the latter, in fact, is the State: consider the case of corruption committed, for example, by public officials. Many times, thanks to their considerable technical experience and by virtue of the positions they occupy within the same company, administrative workers can be accused of improperly enriching themselves and / or committing serious irregularities sanctioned by criminal law.

The worst thing is that, very often, there is great confusion in the population about the correct identification of white collar crimes.

For example, they are sometimes confused with the more common "professional robberies", with the difference that a professional thief is often considered a criminal, while the employer is considered a respectable citizen. This disparity is really not understood.

It is therefore urgent, first of all, to shed some light on such a complex and controversial issue.
In common parlance, white-collar workers refer to those workers who do not perform physical tasks, but rather to those who work using the knowledge acquired in their studies. Classic examples of clerical workers are clerks, professionals, or state officials.

These crimes, which generally pursue profit-making purposes, are usually characterized by the absence of violent behavior and by the category of victims. Logically, the subjective element inherent to these crimes is fraud, in the sense that the agent must be fully aware of the illicit conduct he or she carries out.

In general, white collar crimes are related to the world of finance, the market and commerce. Among them the main ones are:

- fraud
- Recycling
- Corruption crimes
- Fraud in public funds
- International corruption
- Interruptions in the auction
- Forbearance from enchantments
- Fraud and delinquency in public supplies
- Aggravated fraud to obtain financing granted by the State or by the EC
- Fraudulent insolvency
- Fake accounting

In addition to this, there is also a whole series of crimes contemplated in the special laws regarding corporate crimes and those committed at the international level.

The crime of "white collar" is usually expressed in the business sphere in false financial information of companies, in stock market manipulation, in direct or indirect corruption of public officials, in fraud in the exercise of trade, in misappropriation and in the diversion of funds, in tax fraud, in other "irregularities" carried out in the context of bankruptcy and also in bankruptcy.

In the medical profession, for example, which at first glance expresses less crime than others, we find illegal sales of alcohol and drugs, abortions, complacent treatments, false testimonies in traffic accidents, false statements of insanity, etc ...

The one described above, however, is a criminal category that tends to be underestimated, even in the courts, and this for four fundamental reasons:

- Magistrates are led to consider this type of crime unlikely;

- White collar crimes are not considered dangerous to the public;

- Victims of criminal acts in high-level settings are not considered as seriously harmed as victims of other types of crime;

- The media tend to present the crimes of the wealthy classes with supporting arguments.
The prosecution of the "white collar" offender rarely involves more than one person. Political corruption, for example, almost always involves collusion between politicians and businessmen, but prosecutions are generally limited to a single person.

According to some, then, there is a well-defined relationship between white-collar crime and organized crime, capable of redesigning the concept of organized crime as "organized crime" rather than as "gangster-type crime." What emerges, in any case, is that both realities constitute organizations that need corruption to preserve themselves; in short, they are nothing more than different forms of organizational crime.

In recent times, probably due to everyone's desire to lead as peaceful a life as possible, it seems that the social reaction towards white-collar crime has been particularly aggravated.

In fact, public opinion is increasingly attentive to this type of illegal conduct and to the remedies that the legislator prepares against them.

In any case, the economic damage caused by "white collar" crimes, no matter how great, is less worrisome than that caused to social relationships; Crimes of this type undermine trust and therefore generate mistrust, weakening social morale.

In truth, it is also a question of ethics, and this is also called to regulate the aspects that underlie the economic behavior of the company. From here, the very concept of corporate social responsibility spread. Consequently, therefore, ethical codes and social balances were born, the former represent a kind of constitutional charter of the company, a charter of moral rights and duties that defines the ethical-social responsibility of each participant of the business organization.

Today there is talk of a transnational and globalized crime, where the crimes of the powerful acquire global proportions and not attributable to a single category or a single legislation. This type of crime is not the result of the relaxation of social ties, but of their strengthening.

Recently, the highest national and international authorities seem to have recognized the seriousness and danger of economic crimes and related phenomena (European Conventions of Brussels and Paris of 1997, United Nations Convention of Palermo of 2000?). These positions, without prejudice to the necessary verification of the facts, constitute a great novelty, since the attitude of the institutions is of primary importance to combat this particular type of crime.

However, white collar crimes continue to be committed and the sentences of those allegedly responsible are increasingly harsh.

A vigorous defense is therefore urgently needed.

People responsible for white collar crimes certainly need very special assistance. Normally, in fact, this type of client has a very high professional and technical preparation for which he cannot count on a common criminal lawyer, but on a lawyer, or better yet, a team of lawyers, who know the issues very well and regulations of the tax and banking law.

The law firm International Lawyers Associates, and its mixed team of criminal and tax attorneys, along with its firm consultants, is an associate firm that has historically lavished years of professional commitment to the 360 ° protection of the “white collar”. ».

This is the reason why it can be considered one of the best references for those who are suspected or accused of committing this type of crime.

The attorneys at International Lawyers Associates are deeply knowledgeable and studious of business problems, the budget, and the regulations that govern the financial market.

What makes the difference is not only the high level of preparation in these sectors, but also the method adopted, which is the formation of a defensive board, capable of guaranteeing maximum customer service.

Such a thorny and controversial matter deserves a very dense defense, which can come from a careful analysis of the specific case of white collar crimes.

It is better to choose the lawyer in charge of this type of defense very carefully, because it is a legal protection that, as it is easy to guess, not everyone is absolutely capable of guaranteeing.

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