The Laws of Oklahoma

SERVICES

We have ore than 50 years of experience
By Dustin Phillips on
February 7, 2025
January 28, 2026

White collar crime involves nonviolent, financially-motivated criminal offenses that use deceit, concealment, or violation of trust for financial or professional gain. The commission of a white collar crime relies on misrepresentation rather than the use of force, with the objective of obtaining money, property, or advantage through unlawful means. The term "white collar crime" was coined by Edwin Sutherland in 1939 to challenge the idea that crime is a lower class phenomenon. White collar crime includes several common offense types including fraud, bribery, insider trading, identity theft, and forgery. These crimes often involve documents, electronic records, or financial transactions. White collar crime requires proof of intent in most cases. Intent distinguishes criminal conduct from negligence or error. White collar crime carries serious legal consequences including fines, restitution, prison sentences, and long term reputational damage. Examples of white collar crimes include entities such as Enron, WorldCom, and Bernie Madoff. These types of crimes are prosecuted in both state and Federal courts. Where the crime is tried depends on the nature of the offense, the scope of the financial damage, and whether or not the defendants operated across state lines. Criminal defense attorneys that specialize in these types of cases are highly sought after because punishments for conviction are severe due to the intentional nature of these crimes. Punishments range from fines and restitution payments to significant prison sentences.

What is White Collar Crime?

White collar crime is defined as a non violent, financially motivated crime that involves deceitful tactics, corruption, and abuse of trust by professionals, businesses, or government employees to obtain financial or commercial gain. The meaning of "white collar crime" is derived from the social distinction between occupational roles rather than from the type of harm involved. The term originates from the white collars traditionally worn by office workers, managers, and professionals as opposed to blue collars worn by manual laborers. The types of white collar crimes include fraud, embezzlement, money laundering, bribery, corruption, tax evasion, cybercrimes, extortion, and racketeering.

White collar crimes are committed in structured environments such as businesses, corporations, financial institutions, healthcare systems, and government offices where formal hierarchies, regulated procedures, and internal controls exist. These environments provide access to financial accounts, accounting systems, contracts, databases, payment platforms, confidential records, and digital infrastructure. The access allows interaction with money, data, approvals, and transactions. Those committing white collar offenses have authority over decision making, authorization processes, reporting functions, and compliance responsibilities. This authority includes the power to approve payments, alter records, manage accounts, supervise staff, or control information flow. The combination of structured systems, trusted access, and delegated authority creates the opportunity for concealment and misuse without immediate detection.

White collar crime is committed by individuals positioned inside organizations who are motivated by financial gain, avoiding losses, receiving kickbacks, or gaining a competitive advantage. These individuals include employees, executives, business owners, professionals, public officials, contractors, vendors, accountants, finance staff, managers, and other trusted insiders. Their roles provide access to sensitive systems, records, and gives them decision making authority. Individuals who commit white collar crimes misuse trusted access within organizations through deliberate planning and conscious awareness of wrongdoing, using their knowledge of internal processes to conceal misconduct and repeat it over time without immediate detection. The conduct is intentional, knowing, willful, and planned.

White collar criminals rely on misrepresentation, document falsification, manipulation of records, misuse of access, and layered concealment. White collar criminals misrepresent, falsify, and manipulate instruments such as documents, contracts, invoices, ledgers, emails, accounting software, bank transfers, payment apps, databases, and spreadsheets. Concealment behaviors include fake accounting entries, altered records, shell entities, layered transactions, straw purchasers, and false identities. These schemes often involve repeated transactions, multiple acts, and multiple participants over an extended period.

White collar crime causes financial and institutional harm to victims including individual consumers, investors, employers, banks, insurers, government agencies, taxpayers, and patients. The crimes erode trust in financial, commercial, and public systems. 

Prosecution of white collar crimes occurs at the state, federal, and multi state levels depending on scope and impact of a specific case. Oklahoma does not define “white collar crimes” in any specific statute. Charges are prosecuted under statutes for the various types of white collar offenses. White collar crime investigations are conducted by local police, state investigators, Attorneys General, the FBI, the IRS, the SEC, and HHS OIG. The evidence for these crimes is typically technical and document heavy. Evidence includes paper trails, digital logs, bank records, emails, witness testimony, and expert analysis. The evidence used by Federal or state prosecutors is dictated by the type of white collar crime that is committed.

What is White Collar Crime in Sociology?

In sociology, white collar crime refers to nonviolent criminal behavior committed by individuals in positions of social status, occupational authority, or institutional trust. The term “white collar crime” was introduced by sociologist Edwin Sutherland in 1939 to challenge the idea that crime is primarily a lower class phenomenon. The concept does not focus only on the illegal act. It focuses on who commits the illegal act and where it occurs. Sociologists examine white collar crime as behavior that arises inside legitimate organizations such as corporations, professions, and government institutions. The crime is embedded in normal work roles.

White collar crime, in sociological theory, highlights how power, access, and social position shape both criminal behavior and enforcement. These offenses rely on deception, rule manipulation, and misuse of authority rather than physical force. The conduct is often normalized within organizational culture. It may be hidden behind routine practices. Sometimes it is not recognized as criminal at all until harm accumulates.

Sociology also emphasizes the broader impact. White collar crime produces financial harm, institutional damage, and erosion of public trust. Victims are often diffuse. Investors, consumers, employees, or taxpayers may be affected without immediate visibility. Sociologists study how regulation, inequality, corporate culture, and social control influence both the commission of white collar crime and the likelihood of punishment.

What Are the Types of White Collar Crime?

The types of white collar crime include fraud, embezzlement, money laundering, bribery, corruption, tax evasion, cybercrime, extortion and racketeering. The most common types of white collar crimes are listed below.

Fraud

Fraud is a white collar crime that uses intentional deception to obtain money, property, or an unlawful advantage. Fraud is carried out by employees, executives, professionals, and business owners who already operate inside legitimate systems. They deceive through misrepresentation, false statements, and the concealment of material facts. Sometimes fraud involves a single false document. Sometimes it is a pattern built through emails, contracts, or manipulated financial records. The activity blends into routine operations. Fraud occurs in businesses, corporations, financial institutions, online platforms, and government related transactions where trust and reliance already exist. The offense may be prosecuted at the state or federal level depending on dollar amounts, victim scope, and whether the conduct crosses state lines. Investigations are handled by local police, the Oklahoma State Bureau of Investigations (OSBI), Attorneys General, the FBI, and regulatory agencies such as the SEC.

Strategies for fighting fraud charges focus on intent and proof. Proving fraud requires a knowing and intentional deception, not a mistake or negligence. Defense strategies challenge whether statements were deliberately falsified, whether information was materially misleading, and whether any victim actually relied on or was hurt by the alleged fraud. Individuals or businesses charged with fraud seek the counsel of an Oklahoma fraud defense attorney to evaluate evidence, challenge the case of he prosecution, and pursue outcomes such as a dismissal, reduction of charges, or a dismissal of the charges.

Embezzlement

Embezzlement is a white collar crime that involves trusted insiders such as employees, managers, accountants, or finance staff misusing or stealing funds or property entrusted to their control. Embezzlement is carried out through unauthorized transfers, falsified accounting entries, or diversion of assets concealed within normal financial operations. The crime takes place inside businesses, nonprofit organizations, corporations, and government offices where internal access exists. Embezzlement is prosecuted at the state level in many cases and at the federal level when federal funds, interstate activity, or large scale schemes are involved. Investigations are handled by local law enforcement, Oklahoma State Bureau of Investigation (OSBI), Attorneys General, and the FBI.

Legal defense strategies for embezzlement charges argue lack of criminal intent, accounting error, authorization to use funds, or insufficient evidence linking the accused to the alleged transfers. Defendants charged with embezzlement consult an Oklahoma embezzlement defense attorney to analyze financial records and challenge the prosecution’s characterization of transactions. Other strategies include disputing valuation, exposing gaps in internal controls, or negotiating restitution to seek charge reduction or alternative resolution.

Money Laundering

Money laundering is a white collar crime that occurs when individuals or organized groups attempt to disguise the origin of illegally obtained money. Money laundering involves the use of layered transactions, shell entities, false invoices, structured deposits, and complex transfers designed to make illicitly obtained money look as though it is legitimate. Money launderers use financial institutions, businesses, international banking systems, and digital payment networks to effect their crimes. Money laundering is prosecuted at the federal level due to the interstate and international nature of the crimes. Investigations are conducted by the FBI, IRS Criminal Investigation, DEA, and other federal task forces.

Legal defense strategies for money laundering charges focus on knowledge, intent, and the source of the supposed illicit funds. Proving an individual laundered money requires that the accused knew the funds came from illegal activity and intentionally acted to conceal their origin. Defense arguments challenge whether the money was actually illicit, whether the defendant had knowledge of its source, or whether the transactions had legitimate business purposes. 

Bribery & Corruption

Bribery and corruption are white collar crimes that involve public officials, executives, contractors, or professionals who exchange money or benefits to influence decisions, secure contracts, or obtain improper advantages. Bribery and corruption charges involve concealed payments, sham consulting agreements, kickbacks, or disguised compensation. These offenses take place in government offices, corporate procurement departments, public contracting, and regulated industries. Bribery and corruption charges are prosecuted at both the state or federal level depending on the office involved and the scope of the crime. Investigations are commonly led by state investigators, Attorneys General, the FBI, and public integrity units.

Tax Evasion

Tax evasion is a white collar crime that is committed by individuals, business owners, or professionals who attempt to intentionally avoid paying taxes owed by law. Tax evasion examples include underreporting income, overstating deductions, hiding assets, or using offshore accounts and entities. Tax evasion occurs within personal finances, businesses, corporations, and international financial arrangements. Tax evasion is prosecuted at both the state and federal levels, with federal cases often involving larger sums or interstate activity. Investigations for tax evasion cases are conducted by the Oklahoma Tax Commission (OTC) and the IRS Criminal Investigation division.

Cybercrime

Cybercrime is a white collar crime committed by individuals or groups who exploit digital systems for financial gain or unlawful advantage. Cybercrime includes hacking, identity theft, phishing schemes, data manipulation, and unauthorized access to computer systems. Cybercrime takes place on online platforms, corporate networks, financial systems, and digital infrastructure rather than physical locations. Cybercrime is  prosecuted at the state or federal level depending on scope, victims, and interstate impact of the offense. Investigations of cybercrimes are conducted by the Digital Evidence Unit (DEU) of the Oklahoma Bureau of Investigations, the FBI, and specialized federal cybercrime task forces.

Extortion & Racketeering

Extortion and racketeering involve individuals or organized groups who obtain money, property, or control through threats, coercion, or ongoing criminal schemes. The conduct may include economic threats, reputational harm, abuse of authority, or coordinated illegal activity across participants. These crimes occur in businesses, commercial enterprises, labor environments, and organized networks where influence and pressure can be applied. Extortion and racketeering are prosecuted at both the state and federal levels, with federal cases often brought under organized crime statutes. Investigations are led by local law enforcement, state investigators, Attorneys General, and the FBI.

What Are White Collar Crime Examples?

White collar crime examples include the Enron accounting scandal, the WorldCom bankruptcy and accounting scandal, and the Bernie Madoff investment Ponzi scheme.

Enron Accounting Scandal

The Enron Corporation accounting fraud scandal was one of the largest and most influential white collar crime cases in United States history. Enron was a Houston based energy trading and utilities company whose stock traded under the ticker ENE on the New York Stock Exchange. The key executives involved in the scandal included Kenneth Lay (founder and chairman), Jeffrey Skilling (CEO), and Andrew Fastow (CFO).

The Enron fraud developed gradually rather than through a single event. During the mid to late 1990s, Enron aggressively expanded into energy trading, derivatives, and speculative ventures. To maintain rapid growth and rising stock prices, the company used complex accounting structures known as special purpose entities to hide debt and inflate earnings. These practices intensified between 1997 and 2001.

Enron used mark to market accounting to book projected future profits as current income. Losses and debt were shifted into off balance sheet partnerships that appeared independent but were secretly controlled by Enron executives. Financial statements showed profitability while the company was actually insolvent. Auditors and analysts failed to stop the practices in time, allowing the deception to continue for years. In December 2001, Enron filed for bankruptcy protection. It was the largest bankruptcy in U.S. history at the time.

WorldCom Accounting Scandal

The WorldCom bankruptcy was one of the largest accounting fraud scandals in U.S. history and remains a defining example of corporate financial manipulation in the telecommunications industry. WorldCom was a major long distance and internet services provider whose stock traded under the ticker WCOM on the Nasdaq. The key executives involved in the crime were Bernard (Bernie) Ebbers (founder and CEO) and Scott Sullivan (CFO). 

WorldCom’s fraud relied on a relatively simple but massive accounting manipulation. Routine operating costs were improperly recorded as long term investments. This reduced reported expenses and falsely increased net income. Financial statements appeared stable despite declining revenue. The deception required repeated journal entries rather than complex financial structures. In June 2002, internal auditors uncovered the misconduct. WorldCom publicly disclosed accounting irregularities exceeding $3.8 billion, a figure later revised to more than $11 billion. Investor confidence evaporated. In July 2002, WorldCom filed for Chapter 11 bankruptcy protection, surpassing Enron as the largest bankruptcy in U.S. history at the time.

Bernie Madoff Ponzi Scheme

The Bernard Madoff fraud scandal is the largest Ponzi scheme in U.S. history and a defining example of a white collar crime that used trust and reputation rather than accounting manipulation. Madoff was the founder and chairman of Bernard L. Madoff Investment Securities, a well known Wall Street firm that operated both a legitimate brokerage business and a secret investment advisory operation. Unlike corporate frauds tied to public stock prices, Madoff’s scheme did not involve a traded ticker and was instead driven by private investor funds.

Madoff’s fraud relied on a classic Ponzi structure. Investor funds were not invested in securities as promised but were used to pay returns to earlier investors. Account statements were fabricated to show consistent profits regardless of market conditions. The scheme depended on false trade confirmations, manipulated records, and complete control over reporting. The fraud continued for decades and involved tens of billions of dollars in claimed losses. In December 2008, amid the financial crisis and increased redemption requests, the scheme collapsed when Madoff confessed to his sons, who reported him to authorities. Madoff was arrested, pleaded guilty to multiple federal charges, and was sentenced to 150 years in prison.

What is a White Collar Crime Lawyer?

A white collar crime lawyer is a criminal defense attorney who represents individuals or organizations charged with non-violent financial and business related offenses. An Oklahoma City white collar crime lawyer works with clients facing allegations including fraud, embezzlement, money laundering, bribery, tax, evasion, and securities violations. Defense attorneys who defend against white collar crime charges specialize in complex, document heavy cases that rely on evidence such as financial records, electronic communications, and regulatory rules. They respond to subpoenas, counsel their clients through investigations, and answer government inquiries. Defending clients from white collar crime charges requires strategies such as challenging intent, the accuracy of financial records, the scope of the alleged offense, and the prosecution’s interpretation of the financial activity in question. Their goal is to protect their client’s freedom, reputation, and financial assets, while seeking the most favorable legal outcome possible. 

What Is the White Collar Crime Punishment?

The punishment for white collar crime varies depending on the type of crime that was committed, the amount of financial damage that was caused, the number of victims effected, and whether the case is tried in state or federal court. The penalties for white collar crimes can be substantial, even though the offenses themselves are nonviolent. Substantial penalties are due to the intentionally deceptive nature of the crime and the financial losses that are incurred by the victims.

In Oklahoma, the punishment for a white collar crime is tied to the specific statute used to prosecute the defendant such as fraud (§21-1541.1/§21-1541.2v2), embezzlement (§21-1451), money laundering (§21-2001), bribery (§21-265), and extortion (§21-1483).

Punishments for white collar crime include fines, restitution, probation, and jail time. Fines may be substantial, especially in federal cases. Restitution is the repayment to victims for their losses. Probation may include strict conditions such as financial monitoring, employment restrictions, or compliance programs. Prison sentences are possible in more serious white collar cases, such as those involving large dollar amounts, repeated conduct, or abuse of public trust.

Additional consequences include the loss of professional licenses, disqualification from certain types of employment, forfeiting assets, and long term reputational damage. In federal cases, sentencing guidelines play a major role, with punishment increasing as loss amounts and aggravating factors rise.

Is White Collar Crime a Federal Offense?

Yes, white collar crime is a federal offense when the scheme involves interstate commerce, federal agencies, federal funds, or federally regulated industries such as securities markets, banking, healthcare, or tax collection. Schemes that are federal crimes are those which are defined in federal statutes such as mail fraud, wire fraud, securities fraud, tax evasion, money laundering, or large scale conspiracies lead to Federal involvement in the case. In these cases, federal agencies such as the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) criminal investigation, Securities and Exchange Commission (SEC) investigate the charges and the cases are tried in the U.S. District Court, not state courts.

White collar crime becomes a federal offense when the conduct falls within federal jurisdiction or violates federal law rather than being limited to a single state. Federal involvement is triggered by the scope, impact, or nature of the alleged activity. The deciding factors are not the job title or the label of the crime. The deciding factors are reach, harm, and authority.

White collar crime is prosecuted federally when it crosses state lines or involves interstate commerce. This includes schemes that use interstate banking systems, wire transfers, emails, or online platforms. Federal jurisdiction also applies when the crime involves federal agencies, federal funds, or federally regulated industries such as securities markets, banking, healthcare billing, or tax collection. Crimes affecting national markets or large numbers of victims often fall under federal authority.

Federal prosecution is common when the conduct involves mail fraud, wire fraud, securities fraud, tax evasion, money laundering, or large scale conspiracy. These offenses are defined by federal statutes and enforced nationwide. White collar crime also becomes federal when the dollar amounts are significant, the scheme is ongoing, or multiple participants operate across jurisdictions. In these cases, federal investigative agencies such as the FBI, IRS Criminal Investigation, SEC, or HHS OIG take the lead, and cases are prosecuted in U.S. District Court rather than state court.

What is the Difference Between White and Blue Collar Crime?

The difference between white collar crime and blue collar crime is rooted in the method, setting, and conduct rather than seriousness of the crime committed. White collar crime takes place inside structured systems. It relies on access to those systems and uses deception instead of physical  force. The conduct often looks ordinary at first. That appearance matters. White collar offenses are usually committed by employees, professionals, or executives, who work for the business., financial institutions, or government offices. 

Blue collar crime operates differently. It is more direct and it is often physical in nature. Blue collar crimes include theft, burglary, assault, robbery, vandalism, and drug offenses. Blue collar crime typically occurs in public or physical spaces rather than administrative ones. The conduct is visible. The act is usually complete in a single moment rather than over months or years. Force or the threat of force is common and the harm is immediate.

Both white and blue collar crimes are crimes. Both carry serious penalties. The difference lies in who commits the crime, how the crime is committed, where it takes place, and what tools are used. White collar crime hides in systems. Blue collar crime confronts directly.

REQUEST A FREE CASE EVALUATION

If you've been charged with a crime, or believe you may be, don't delay. Time is critical.
Contact Phillips & Associates now so that we can begin reviewing your case.
Call our offices anytime at 405-418-8888 or complete the form below.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.