At Demesmin and Dover Law Firm, we believe that understanding complex areas of law is essential to protecting your rights and your future. White-collar crimes—often committed in boardrooms rather than on the streets—carry severe legal and financial consequences. While these offenses typically lack physical violence, their impact can be devastating to businesses, government agencies, and individuals alike.
Crimes such as federal fraud, embezzlement, and bribery are frequently prosecuted at the federal level, where penalties can include steep fines, forfeiture of assets, restitution orders, and lengthy prison terms. In this article, we break down what each of these offenses entails, how they’re investigated and prosecuted, and what steps you should take if you or your organization is under scrutiny.
What Is White-Collar Crime?
The Legal Information Institute at Cornell Law School defines white-collar crime as a non-violent, financially motivated offense typically committed by business professionals, government officials, or individuals in positions of trust. These crimes often involve manipulation of financial systems, misuse of authority, or deliberate deception to gain an unlawful benefit.
Examples include:
Securities fraud
Wire and mail fraud
Money laundering
Healthcare fraud
Embezzlement
Bribery and kickbacks
Identity theft
Tax evasion
Larceny is another crime often discussed alongside embezzlement. Larceny involves the trespassory taking of property without the owner’s consent and with the intent to permanently deprive the owner of it at the time of taking. In contrast, embezzlement typically involves the unlawful taking of property by someone who was entrusted with it.
While white-collar crime may seem less sensational than other types of criminal activity, the federal government treats these offenses as a serious threat to public trust and economic stability. At Demesmin and Dover, we understand the stakes and the complexity that come with defending against these charges.
Federal Fraud: A Broad and Aggressively Prosecuted Offense
Fraud is one of the most aggressively prosecuted white-collar crimes at the federal level. It encompasses a wide range of conduct involving intentional deception for personal or financial gain.
Under Title 18 of the U.S. Code, federal fraud charges can include:
Wire Fraud (18 U.S.C. § 1343) – Involves the use of telecommunications (phone, internet, email) to execute a scheme to defraud.
Mail Fraud (18 U.S.C. § 1341) – Similar to wire fraud, but using postal or private mail carriers.
Bank Fraud (18 U.S.C. § 1344) – Defrauding a financial institution.
Securities Fraud – Includes insider trading and market manipulation.
To secure a conviction, prosecutors must prove beyond a reasonable doubt that:
The defendant knowingly participated in a scheme to defraud,
The intent was to deceive or cheat a victim out of something of value, and
The scheme involved interstate communication or commerce.
These cases often span years of conduct and involve thousands of documents and digital records. Early legal intervention is crucial to mitigate risks and protect your rights.
Embezzlement: Breach of Trust and Financial Abuse
Embezzlement occurs when someone entrusted with another person’s money or property unlawfully converts it for their own use. Unlike theft, embezzlement involves a legal relationship of trust—such as an employee managing corporate funds, or a fiduciary handling a client’s assets. Embezzlement is distinguished from larceny by the concept of ‘original taking,’ meaning the accused had lawful possession of the property at first before the unauthorized taking occurred.
According to the U.S. Department of Justice, embezzlement is defined as the “fraudulent appropriation of property by a person to whom it has been entrusted.” The FBI notes that this crime is frequently committed in:
Corporate accounting departments
Government agencies
Nonprofit organizations
Legal and financial firms
Healthcare and elder care settings
Companies implement internal controls and safeguards in the form of formalized policies and practices, such as segregation of duties and oversight, to prevent embezzlement. Embezzlement can occur when employees, based on their job description, have access to and possession of company funds or property. Sometimes, a member or members of an organization may work together in collusive schemes, making detection more difficult. Embezzlement may also involve the taking of a small amount of money over time, which can make it harder to detect. Accurate financial report practices are essential for detecting and preventing embezzlement.
Federal charges may arise if the embezzled funds involve federal programs, interstate banking, or federally regulated industries. Convictions can result in imprisonment, restitution orders, asset forfeiture, and permanent reputational harm. At Demesmin and Dover, we defend against these charges with discretion, strategic planning, and in-depth analysis of financial evidence.
Bribery: Corruption in Public and Private Sectors
Bribery is a federal offense that targets corruption, particularly in government settings. It involves offering, giving, soliciting, or receiving something of value in exchange for an official act or decision.
Per 18 U.S.C. § 201, a person may be charged with bribery if:
They corruptly offer or give anything of value to a public official with the intent to influence an official act, or
A public official solicits or accepts something of value in return for being influenced in the performance of their duties.
It’s important to distinguish bribery from gratuities, which may still be illegal but are typically less severe. Bribery often brings felony charges, and federal sentencing guidelines can lead to years in prison—even for first-time offenders. The U.S. Sentencing Commission reports that bribery cases often result in sentences averaging more than two years, with harsher penalties for schemes involving public contracts or law enforcement. While bribery is a serious felony, other felonies such as murder carry even more severe penalties, including life imprisonment or the death penalty.
These cases are not limited to government actors—contractors, corporate officers, and nonprofit executives can all face bribery allegations.
Understanding the Criminal Justice System in White-Collar Cases
Navigating the criminal justice system in white-collar cases, such as embezzlement, requires a deep understanding of both legal procedures and the specific elements of these crimes. A criminal defense lawyer plays a pivotal role in guiding the accused through each stage of the criminal justice process, from investigation to trial. Defense lawyers are tasked with ensuring that the defendant’s rights are protected, challenging the prosecution’s evidence, and developing a robust defense strategy.
In embezzlement cases, the prosecution must prove that the defendant had the intent to deprive the rightful owner of their property. This means embezzlement is considered a specific intent crime, where the accused must have knowingly and purposefully engaged in fraudulent conversion of funds or assets. Another critical element is substantial control—prosecutors must show that the employee or individual had the authority to exercise substantial control over the property or funds in question. Without this authority, the charge of embezzlement may not stand.
The department of justice, along with agencies like the FBI, often leads investigations into white-collar crimes. These government bodies have extensive resources to uncover complex financial transactions and patterns of fraudulent activity. Their involvement underscores the seriousness with which the justice system treats these offenses. For anyone accused of embezzlement or similar crimes, having a knowledgeable criminal defense lawyer is essential to challenge the government’s case, protect your rights, and ensure a fair outcome.
How White-Collar Crimes Are Investigated and Prosecuted
White-collar investigations are unique in their scale and complexity. Unlike crimes involving physical evidence, white-collar cases often hinge on document trails, electronic communications, financial audits, and expert testimony. They are typically investigated by federal agencies such as:
The Federal Bureau of Investigation (FBI)
The Securities and Exchange Commission (SEC)
The Internal Revenue Service (IRS)
The Office of Inspector General (OIG)
The Department of Justice (DOJ)
Investigators must determine whether the legal elements of the alleged offense are met based on the evidence collected. Cases may be referred to different agencies or prosecutors depending on the nature and severity of the alleged crime.
These agencies may conduct parallel investigations—civil and criminal—meaning your case could involve both criminal charges and regulatory enforcement. Prosecutors rely heavily on emails, accounting records, recorded interviews, and whistleblower reports.
At Demesmin and Dover Law Firm, we have the experience and resources to challenge government evidence, highlight procedural missteps, and advocate for alternatives to incarceration, such as civil settlements or diversion programs when appropriate.
Consequences and Penalties for White-Collar Offenses
The penalties for white-collar crimes, including embezzlement, bribery, and forgery, can be severe and life-altering. A conviction for a felony offense may result in lengthy prison sentences, sometimes even life in prison, depending on the degree of the crime and the defendant’s criminal history. Misdemeanor convictions, while less severe, can still lead to jail time, significant fines, and a permanent mark on one’s record.
The department of justice and other government agencies take white-collar crimes seriously, reflecting this in the harsh penalties imposed. In addition to incarceration, defendants may face restitution orders requiring them to repay victims, forfeiture of assets obtained through illegal means, and substantial fines. The degree of the offense—such as the amount of money involved, the level of authority or trust abused, and whether the crime was part of a larger scheme—will influence the severity of the penalties.
A criminal defense lawyer is crucial in helping defendants understand the potential consequences they face and in working to achieve the best possible outcome. The distinction between different types of white-collar crimes is also important, as each carries its own set of penalties and legal implications. For example, embezzlement may be punished differently than bribery or forgery, depending on the facts of the case and the applicable statutes. Ultimately, the outcome of a white-collar case depends on a variety of factors, including the strength of the defense, the defendant’s criminal history, and the specific circumstances of the offense.
Protecting Your Rights and Future
White-collar criminal allegations can be life-altering. A single indictment can destroy a career, dissolve a business, and lead to significant financial loss. That’s why the right legal defense makes all the difference.
At Demesmin and Dover, we represent individuals and organizations facing serious white-collar charges. Our members are dedicated to supporting clients through every stage of the process. We are committed to identifying weaknesses in the prosecution’s case and ensuring that defendant’s rights are protected throughout the legal process. Our attorneys are prepared to:
Conduct independent investigations
Engage forensic accountants and digital analysts
Negotiate with federal prosecutors
Mount aggressive defenses at trial or in pre-trial motions
Preserve reputations through careful case management
There is no such thing as a universal defense strategy—each case requires a tailored approach. It takes significant legal expertise and experience to achieve the best outcome in complex white-collar cases.
Whether you’re under investigation or have already been charged, early intervention is critical. The sooner you consult legal counsel, the more options you may have to resolve the case favorably.
If you or your company is facing allegations of fraud, embezzlement, bribery, or another white-collar offense, contact Demesmin and Dover Law Firm for a confidential consultation. We’re here to protect your rights, defend your reputation, and secure your future.