According to the Federal Bureau of Investigation, white-collar crime is estimated to cost the United States more than $300 billion annually. Cornell research shows that some of the most common white-collar offenses include: antitrust violations, computer/internet fraud, environmental law violations, financial fraud, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage, and trade secret theft. You are at risk. The only question is how much exposure have you suffered and how do you stop what is currently happening from happening again?

The phrase "white-collar crime" was coined in 1939 during a speech given by Edwin Sutherland to the American Sociological Society. Sutherland defined the term as "crime committed by a person of respectability and high social status in the course of his occupation." Over the past years there seems to have been a lot of debate to what qualifies as a white-collar crime. The term as typically utilized today encompasses a variety of nonviolent crimes, usually committed in commercial situations, for financial gain.

A white-collar crime refers to crimes committed by business people, entrepreneurs, professionals, or public officials. White-collar crimes are different then street crimes because they are through deception and not force or violence. The New York Times recently reported that white-collar crimes are on the rise due to the bursting of the stock market bubble. Street crimes have decreased in the past decade, yet the rise in white-collar crimes is attributed to the baby-boom generation that is aging and the common knowledge that White Collar crime "pays" and holds a less severe penalty than "physical" crimes. The most publicized white-collar crimes of recent have included Enron, Adelphia, Global Crossing, Kmart, Qwest Communications Int'l, Schering-Plough, WorldCom, and Xerox.

Contrary to the popular belief, White Collar criminals are thieves and the methods used to conceal their offenses are not only ingenious, but artful. Many white-collar crimes are especially difficult to prosecute because the perpetrators are sophisticated criminals who attempt to conceal their theft through a series of complex transactions. Concealment of the crime is the #1 objective of the offender, and it becomes an element of the crime itself.

Because it is a skillfully disguised artful form, the investigation itself is often long and laborious as far as proving criminal intent is concerned. The crimes might be disguised in a maze of legitimate transactions, which are quite normal if viewed in isolation. The cumulative effect however is the commission of a criminal offence. From the standpoint of the criminal, the ideal white collar crime is one that will never be recognized or detected as a criminal act.

White-collar crimes can be prosecuted in state or federal courts depending on what laws were violated. The white-collar crimes being committed today are different then of the past, possibly due to the change in demographic and economic forces. Technological advances that have increased white-collar crimes such as financial crime likely influence the shift in white-collar crime. Although white-collar criminal charges are usually brought against individuals, corporations may also be subject to sanctions for these types of offenses, so take the pro-active preventative steps necessary.

Governmental regulations are increasingly being enforced through criminal prosecution rather than mere civil fines. In certain areas, seemingly benign conduct by top management and employees can lead to individuals or the corporation. The penalties for white-collar offenses include fines, home detention or community confinement, costs related to prosecution, forfeitures, restitution, supervised release, and imprisonment. This trend and other factors make it essential that businesses, executives, and other individuals receive counseling from a competent attorney and an Bauer Risk Management Investigator.

Bauer Risk Management has conducted numerous internal investigations for corporations and institutions relating to alleged misconduct giving rise to possible criminal liability by the corporation, the institution or employees. The scope of such reviews includes the evaluation of the underlying allegations or misconduct, identifying responsibility, advice on compliance or other solutions to prevent recurrence, and representation with regard to any related investigation or litigation.

Typically during an internal investigation, our Investigators will report back to the board of directors or officers, and, when necessary, make contact and work in conjunction with the appropriate authorities the appropriate to reduce risk, exposure and criminal liability. Because of the nature of white collar and civil fraud matters, it is critical that steps be taken to preserve the reputation of you, our clients, in your business dealings with shareholders, regulators and the press, among other constituencies. A distinct competency of Bauer Risk Management in this area is the ability to minimize potentially negative public relations through swift action and strategy.

The Association of Certified Fraud Examiners comments that white collar crime increases are due to society aging as well as the increase of education level. A white collar crime often has a lesser punishment and the way white-collar crimes are being committed continues to become more complex. The Justice Department attributes the increase in accounting fraud white-collar crimes to the pressure for companies to meet revenues and projections.

Bauer Risk Management can investigate all types of fraud allegations and can help you locate those responsible and discover the information necessary for recovery, protection or prosecution. CALL TODAY FOR A FREE NO OBLIGATION CONSULTATION. An initial consultation implies no commitment to proceed and our discretion is assured.