Are Defendants In White Collar Crime Cases Treated Differently?
Typical white collar criminal is a sophisticated professional of means and sometimes of some renounce. Martha Stewart is a good example because it does appear like she was sent to a federal facility that was more pleasant than many others ( Club Fed). In general, white collar criminals are treated differently, but the different treatment is aimed at ensuring fairness. White collar criminals are not going to be designated to a facility housing perpetrators of violent crimes. On the other hand, if a white collar criminal has too many resources available, it may create a situation in which no bail amount set will actually ensure the defendant’s appearance in court. While the nature of the crime is different, the dangers are different as well.
How Do The Prosecutors Decide Which White Collar Crime Cases To Pursue?
At the federal level, the most important factors are the amount of loss or the number of victims, but it all comes down to simply prosecutorial discretion. An aspect of the discretion is dependent on the facts of the case. i. e. the deception of the alleged white collar criminal was carried out and on the chronological aspect. How long this been occurring weeks, months, or years?
What Is Restitution And Forfeiture In White Collar Crime Cases?
Ordinarily, restitution or forfeiture is used by the prosecuting entity as a kind of trading device. Many white collar defendants have never been charged with a crime before and the very idea of prison is terrifying. They have families, mortgages, responsibilities, and obligations. Many times, they will use forfeiture as a means of making a case go away. The prosecution will allow the defendant to forfeit ill-gotten gains or pay back evaded taxes, in return for not being prosecuted criminally.
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