White Collar Crime

White-collar crime is a term used to refer to crimes committed by people with sophisticated knowledge or sophisticated means for financial gain. The term derives from white-collar job, which means any work performed in an office or administrative setting. Because white-collar crimes are committed by sophisticated people or through sophisticated means, they are difficult to detect, which explains why the after-effect of white-collar crimes are millions in financial losses. The recent years saw several billion-dollar white-collar crime in the United States, such as the Bernard Madoff Ponzi scheme. Most often, the target of white-collar crimes are vulnerable and unsophisticated people who are easily tricked into handing over their money to what they thought were legitimate investments.

There are numerous white-collar crimes, the most common of which are antitrust violations, internet and telemarketing scams, credit card fraud, mail fraud, securities fraud, insider trading, and embezzlement. Other white-collar crimes include bankruptcy fraud, environmental law violations, insurance fraud, tax evasion, money laundering, and trade secret theft. White-collar crimes are also committed in relation to government transactions. These crimes include bribery, kickbacks, corruption, and economic espionage.

Both the federal government, through its web of law enforcement agencies, including the Federal Bureau of Investigation, and state governments, through their local police departments, are in concerted efforts to go after white-collar crime perpetrators given that these crimes, according to studies, cost the U.S. Government more than $300 billion annually. White-collar crime law is composed of complicated rules and regulations that touch on almost all other areas of the law. Most of those who were accused and convicted of white-collar crimes are individuals, but the government can impose sanctions on the company as well to serve as a warning that the company also has responsibility over its employees. Financial losses as a result of white-collar crimes reach millions, so penalties are steep. In addition to penalties, those convicted of white-collar may be placed in house arrest or imprisoned. Depending on the amount of losses that result from the white-collar crimes, the penalties may range from mere thousands of dollars to millions of dollars.

There is wide coverage on white-collar crimes, especially when millions of dollars of losses are involved. It is thus not easy to be charged with such crime. Before making a move towards countering a prosecutor's charge, it is the best idea to hire an expert white-collar crime law attorney to serve as defense counsel. This is because white-collar crimes are difficult to defend, much so because politics and power play are often involved. This is not to say that those accused of white-collar crimes have no other resort. Defenses available to non-white-collar crimes are also available to white-collar crimes. The common argument the accused use as defense would be entrapment, which means that the accused had no choice but to commit the crime because he was forced by another person or by circumstances. There are numerous defenses for the accused, but the key to winning against white-collar crime charges is an expert white-collar crime defense attorney.

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Admiralty And Maritime Law

Federal maritime law governs legal disputes, such as navigation and shipping, including commerce, seamen, personal injury, towage, insurance, liens, and recreation. Federal maritime law, also known as admiralty law, also covers awards for salvaging vessels, piracy or ship hijacking.

Article III, Section 2 of the U.S. Constitution provides that cases involving maritime law are to be heard in federal courts. A plaintiff, however, pursuant to 28 USC ยง1333 may choose to file a suit in state court, but federal law will still apply in that case. Courts and the Congress seek to create a uniform law that will govern both national and international maritime issues. Current federal maritime law is composed of modern legislation, case precedents, maritime doctrines, international treaties and private contracts.

Maritime law only governs legal disputes originating on navigable waters, which include all bodies of water used for interstate and foreign commerce. This means any body of water, such as a lake or a river, within a single state is not covered by maritime law.

In the area of shipping, admiralty law applies to such issues as commercial accidents resulting in damage to vessels and cargo, injuries to seamen, and spill of hazardous material. Following an accident, litigation would arise to determine who is responsible for the lost or damaged cargo. In cases of foreign trade, the Carriage of Goods by Sea Act ("COGSA") governs. COGSA provides that a ship owner's liability is limited to $500 per container provided that the ship was in proper condition prior to departure.

One of the most complex issue that arises from maritime law cases is compensation for personal injury to passengers and seamen. This issue involves expertise of maritime law specialists. In recent years, maritime law has been increasingly applied to recreational boating accidents that occur on navigable waters. In the case of passengers of cruise ships, their legal rights arising from the negligence of the cruise ship is limited by the terms of their ticket. This means that the statute of limitations for filing a suit would be only one year, instead of three, and that notice of filing of such suit may be required in as little as six months.

Recovering compensation for personal injury is even more complicated for "seamen," defined by Jones Act as a crew member whose responsibilities meets certain requirements under the same Act. The Act governs the rights of seamen to recover personal injury compensation. The determination alone of who a "seaman" often requires consultation with a lawyer. Following the determination of whether Jones Act applies, seamen are entitled to jury trial to provide them a fair process for filing negligence claims. Should the negligent act of the employer results to the death of the seaman, the surviving family members are allowed to file suit. Moreover, personal injury litigation also delves on insurance law, adding another complex layer to the litigation and needing the expertise of specialists.

If employees do not fit the definition of "seamen" under Jones Act, they may recover compensation for personal injury under other laws, such as the Doctrine of Unseaworthiness or the law of "maintenance and cure."

Areas of Law