White-collar crime

About

White-collar crime, or economic crime, is a crime committed by participants in business transactions, usually by people in senior or middle positions in companies, or skilled professionals in a particular industry. With the development of modern technology and the growth of financial markets, white-collar crime is taking on special significance, as acts that threaten the national and international economy.

The most common economic crimes in Poland and around the world include mismanagement crimes, tax fraud, money laundering, corruption and bribery. These crimes strike at the interest of the state budget, as well as often at the interest of the private sector, and the modus operandi of the perpetrators itself predominantly assumes an organized character and focuses on the use of their influence and contacts. Significantly, due to the high financial, professional and social standing of the perpetrators, providing effective camouflage for their illegal activities, white-collar crimes are difficult to detect.

Statistics in recent years clearly show an increase in economic crime, and consequently, law enforcement activity in this area is also increasing. In previous years, economic crime proceedings accounted for about 30% of total proceedings conducted by the Police in Poland. Today, however, these rates have increased significantly. Detention on remand is being used more and more often when white-collar crime is committed. The courts in Poland, in as many as more than 90% of cases in which the prosecutor’s office applies for detention on remand, agree to its use.

Our experts handle cases of crimes related to tax, business and economic areas, including causing significant property damage, abuse of power or failure to perform a duty. Cases of this type are characterized by high social and state harm. In our work, we combine our knowledge of criminal and commercial law and use a thorough knowledge of the regulations on tax, business and economic aspects. We take measures to safeguard our clients’ interests while ensuring strict confidentiality.

We offer the following white-collar crime services:

  • proactive support to businesses, institutions and individuals in crisis situations, suspected of committing crimes against property or business transactions;
  • legal assistance in emergency situations, such as arrest, search, interrogation, presentation of charges or detention on remand;
  • legal support for persons facing liability under the Banking Law, the Law on Trading in Financial Instruments, the Law on Public Offerings, the Law on Investment Funds and under other Polish and international laws;
  • representation of clients at all stages of the case, both at the preparatory stage and before the court;
  • advising entities suspected or accused of tax, fiscal or economic crimes;
  • representation of entities victimized by white-collar crime.

Our offer is addressed to:

  • members of boards of directors and supervisory boards and executives of commercial companies;
  • persons suspected or accused of white-collar crime;
  • state and local government officials;
  • entities harmed by economic crime.

White-collar crime Summary

Examples of white-collar crime:

White-collar crimes embrace different types of corporate crime including:

  • wage theft
  •  fraud
  •  bribery
  • Ponzi schemes (and other types of fraud scheme)
  • insider trading
  • labor racketeering
  • embezzlement
  • money laundering
  • cybercrime
  • intellectual property crimes
  • securities fraud
  • embezzlement
  • copyright
  • corporation crime
  • counterfeit
  • identity theft
  • trade secrets
  • insider trading and other related to financial transactions.

White-collar crime is a nonviolent crime of deceit or concealment to obtain or avoid losing money or to gain a personal or business advantage. It is often committed in a form of organized crime.

The white-collar criminals are middle-class individuals, often of high social status, for financial gains.

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White collar crime was first defined by the sociologist Edwin Sutherland in 1939, who described it as „a crime committed by a person of respectability and high social status in the course of their occupation”.

One of the most common white-collar crime is money laundering. This is an illegal activity that makes large amounts of money generated by criminal activity, such as drug trafficking or terrorist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process “launders” makes it look clean.

White collar crime: consequences

None of the financial crime is victimless. This type of criminal activity occurs in corporate or government institutions incurs a significant financial loss to investors and can damage the economy and investor confidence. 

White collar crimes lead to financial losses, increased costs for consumers, job losses, and reduced trust in institutions. Regulatory and enforcement agencies which enforce laws, conduct investigations, conduct criminal investigations and implement measures to prevent and punish white collar crimes play role in preventing crimes committed by criminal organizations as well as individuals.

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Contact
the experts

Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice