Federal white collar defense encompasses a broad spectrum of conduct that the government characterizes as financially motivated crime. The term 'white collar crime' was coined by sociologist Edwin Sutherland in 1939 to describe crimes committed by persons of respectability and high social status in the course of their occupation. Today, the federal government prosecutes white collar offenses aggressively across virtually every industry sector—with the DOJ's Fraud Section, U.S. Attorney's offices, the FBI's Financial Crimes Program, IRS Criminal Investigation, and the SEC's Enforcement Division collectively representing a formidable and well-resourced enforcement apparatus.
| Offense | Primary Statute | Maximum Penalty | Common Context |
|---|---|---|---|
| Wire Fraud | 18 U.S.C. § 1343 | 20 years (30 if financial institution) | Any scheme using electronic communication |
| Mail Fraud | 18 U.S.C. § 1341 | 20 years (30 if financial institution) | Any scheme using mail or carriers |
| Bank Fraud | 18 U.S.C. § 1344 | 30 years + $1M fine | Fraud against financial institutions |
| Money Laundering | 18 U.S.C. § 1956 | 20 years + $500K or 2x amount | Transactions concealing unlawful proceeds |
| Honest Services Fraud | 18 U.S.C. § 1346 | 20 years per count | Bribery and kickback schemes |
| Healthcare Fraud | 18 U.S.C. § 1347 | 10 yrs (20 if SBI; life if death) | Medicare/Medicaid billing fraud |
| Securities Fraud | 18 U.S.C. § 1348 | 25 years per count | Investor fraud, insider trading |
| Tax Evasion | 26 U.S.C. § 7201 | 5 years per count | Willful failure to report or pay |
| RICO | 18 U.S.C. § 1962 | 20 years (life if based on life-crime) | Pattern of racketeering activity |
Early legal intervention can significantly impact the outcome of a federal investigation or prosecution.
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