White Collar Crimes Statute of Limitations

What are Federal White Collar Crimes?

White-collar crimes are a category of non-violent crimes that are typically committed by business and government professionals in the course of their work. The term "white collar" refers to the fact that these crimes are often committed by people who wear white-collar attire, such as suits and ties, as opposed to blue-collar workers who wear uniforms or work clothes.

Some examples of white-collar crimes include:

  1. Embezzlement: This involves the theft or misappropriation of funds or property that has been entrusted to an individual or organization.

  2. Fraud: This includes a wide range of activities, such as securities fraud, insurance fraud, mortgage fraud, and consumer fraud.

  3. Money Laundering: This involves the process of making illegally-gained proceeds (i.e., "dirty money") appear legal (i.e., "clean").

  4. Bribery: This involves the offering, giving, receiving, or soliciting of something of value in exchange for influence or a favorable decision.

  5. Insider Trading: This involves the use of non-public information for personal financial gain.

  6. Ponzi Scheme: This type of fraud, named after Charles Ponzi, involves paying returns to existing investors from funds contributed by new investors, rather than from profit earned.

  7. Racketeering: This is the use of illegal, fraudulent, or extortionate methods to conduct business or gain economic advantage.

White-collar crimes are punishable by fines and imprisonment, and can also result in additional penalties such as asset forfeiture, restitution, and debarment from certain professions or activities. Sentences for white-collar crimes can vary depending on the specific circumstances of the case and the offender's criminal history.

What are Federal White Collar Crime Statue of Limitations?

The federal statute of limitations for white collar crimes can vary depending on the specific crime. In general, white collar crimes have a statute of limitations of five years, but some crimes have longer or shorter statute of limitations.

For example:

  • For most white collar crimes, the statute of limitations is five years.

  • For fraud or breach of trust, the statute of limitations is six years.

  • For tax offenses, the statute of limitations is six years for most offenses and three years for failure to file a return.

It's important to note that there are some exceptions to these general rules and that some other specific circumstances may affect the statute of limitations. For example, if the defendant has fled the jurisdiction, the statute of limitations may be tolled (or extended) until the defendant's return. Additionally, the statute of limitations may be extended if the government can prove that the defendant concealed or disguised the nature, location, source, ownership, or control of the property that is the subject of the white collar crime.

It's always best to consult with an attorney to determine the specific statute of limitations for a particular case.