A recent law in the Beehive State requires persons who are convicted of certain financial crimes to register with a state agency. Could such a system be coming to the Land of Lincoln soon?
The White Collar Crime Offender Registry, which has been accessible online since February 2016, contains about 100 offenders. Each entry contains the name, date of birth, and photograph of the offender, as well as a brief synopsis of the offense. For now, the list is limited to financial professionals who have not fully complied with court orders and/or made complete restitution. At least one legal challenge is pending.
While Utah is the first state to maintain a white collar criminal registry, other jurisdictions routinely use so-called “name and shame” lists. In addition to sexual offenses, some states maintain databases for arson, animal abuse, and drug offenses. According to J.J. Prescott, a law professor at the University of Michigan, there are about one million American names in state-run criminal offender databases.
Financial Crimes in Illinois
In addition to the sexual offender registry, Illinois and seven other states require methamphetamine production offenders to register. In 2003, the United States Supreme Court ruled that such databases are legal, although arguably, a financial crimes offender does not pose the same danger as a sexual offender.
The term “white collar crime” refers to a number of nonviolent financial crimes. Some common ones include:
- Bribery: This offense is broadly defined as giving something of value to another in exchange for influence; in some cases, that conduct may encompass giving baseball tickets to a potential supplier.
- Credit Card Fraud: Cloning – swiping a card, storing the information, and placing it on a dummy card – is one of the most common forms of credit card abuse.
- Embezzlement: This offense is similar to theft, because the defendant has access to the property, but is not the legal owner.
- Theft: Persons are charged with this offense if they exert any unauthorized control over property, such as failing to return a rental car on time.
Punishment varies according to the methods used and the amount of property in dispute.
Defenses in White Collar Crime Cases
Especially in bribery, embezzlement, and related cases, investigators often contact potential defendants before charges are filed. Many people believe that if they talk to the police or the grand jury and “explain things” that the matter will go away, but that is hardly ever the case.
If the cases get past the indictment phase, they can often be delayed for up to a year, in some places. Sometimes, in that time period, a key civilian witness relocates outside the court’s jurisdiction. In other cases, especially if restitution has been made and the defendant and owner have parted ways, a civilian witness may lose interest in the case.
Particularly for a first offense, some type of deferred disposition or deferred adjudication may be an option. If these things are part of a plea bargain agreement, the charges may eventually be dismissed.
Partner with Effective Attorneys
The Schaumburg attorneys at Glasgow & Olsson routinely handle white collar criminal cases throughout Chicagoland. Contact us today for prompt assistance because the sooner you call, the more effective your defense will be.