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WHITE COLLAR CRIMES

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In Tennessee, white-collar crimes encompass a range of non-violent offenses typically committed for financial gain through deceit, fraud, or breach of trust. These crimes can include embezzlement, fraud, insider trading, money laundering, and identity theft, among others. The legal consequences for white-collar crimes are severe and can have lasting impacts on one’s personal and professional life.

Here’s an overview of the possible punishments and consequences for white-collar crime charges in Tennessee:

 

POSSIBLE PUNISHMENTS:
 

Fraud
(Various Classifications):
 

Mail Fraud (Federal Crime):

Imprisonment: Up to 20 years.

Fines: Vary based on the amount of money involved and other factors.
 

Wire Fraud (Federal Crime):

Imprisonment: Up to 20 years.

Fines: Vary based on the amount of money involved and other factors.
 

Bank Fraud (Federal Crime):

Imprisonment: Up to 30 years.

Fines: Up to $1,000,000.
 

Embezzlement (Various Classifications):

Class C Felony:

Imprisonment: 3 to 15 years.

Fines: Up to $10,000.
 

Class B Felony:

Imprisonment: 8 to 30 years.

Fines: Up to $25,000.
 

Money Laundering (Various Classifications)

Class B Felony:

Imprisonment: 8 to 30 years.

Fines: Up to $25,000 or twice the value of the property involved, whichever is greater.
 

Identity Theft (Class D Felony)

Imprisonment: 2 to 12 years.

Fines: Up to $5,000.

Tax Evasion (Federal and State Offense)

Federal Penalties:

Imprisonment: Up to 5 years.

Fines: Up to $250,000 for individuals, $500,000 for corporations.
 

State Penalties:

Imprisonment: Varies based on the amount of tax evaded.

Fines: Vary based on the amount of tax evaded.

 

Consequences Beyond Imprisonment and Fines:
 

Criminal Record

A conviction for a white-collar crime results in a permanent criminal record, affecting future employment, housing, and educational opportunities.

Restitution

Offenders may be required to pay restitution to victims for financial losses incurred due to the crime.

Professional Repercussions

Loss or suspension of professional licenses, certifications, and the ability to practice in certain fields.
 

Civil Penalties

Additional civil fines and penalties may be imposed by regulatory agencies.
 

Probation and Parole

Individuals may be subject to probation or parole, with strict conditions including regular reporting to a probation officer and compliance with specific behavioral requirements.
 

Loss of Civil Rights

A felony conviction can result in the loss of certain civil rights, such as the right to vote, serve on a jury, or possess firearms.

 

Legal Defenses and Mitigation
 

Lack of Intent

Arguing that the defendant did not intend to commit a crime or defraud anyone.
 

Insufficient Evidence

Challenging the sufficiency and reliability of the evidence presented by the prosecution.
 

Entrapment

Demonstrating that law enforcement induced the defendant to commit the crime.
 

Duress

Proving that the defendant was coerced into committing the crime under threat of harm.
 

Mistake of Fact

Showing that the defendant made an honest and reasonable mistake that negates criminal intent.

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