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White Collar Crime
TENNESSEE CRIMINAL DEFENSE
Nonviolent Financial Offenses
White collar crime refers to non-violent, financially-motivated offenses that frequently involve professionals in business, government, or other positions of trust.
In Tennessee, these crimes are prosecuted vigorously in state courts, reflecting the state's commitment to holding everyone accountable.
While many high-profile cases escalate to federal jurisdiction due to interstate commerce or the large sums of money that are often involved, Tennessee state courts handle a significant volume of local white collar prosecutions.
Legal Framework in Tennessee
Tennessee does not have a single statute defining "white collar crime." Instead, these offenses are addressed through various provisions in the Tennessee Code Annotated (T.C.A.) Title 39: Criminal Offenses, particularly under Chapters 11 (General Provisions), 14 (Offenses Against Property), and 17 (Offenses Against Public Health, Safety, and Welfare). The state's criminal code classifies offenses by felony or misdemeanor levels, with penalties scaled to the crime's severity, monetary loss, and offender's history. Key enhancements apply when the perpetrator abuses a position of trust or uses a professional license to facilitate the offense (T.C.A. § 39-14-146).
Prosecutions in state courts are led by District Attorneys General, often in collaboration with the Tennessee Bureau of Investigation (TBI) and local law enforcement. Cases may originate from complaints to regulatory bodies like the Department of Revenue or Securities Division. Unlike federal courts, which follow U.S. Sentencing Guidelines, Tennessee state sentencing adheres to the Tennessee Criminal Sentencing Reform Act of 1989 (T.C.A. § 40-35-101 et seq.), allowing which allows judges greater discretion based on mitigating and aggravating factors.
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Common Types of White Collar Crimes Prosecuted in Tennessee State Courts
Tennessee state courts frequently handle the following offenses, drawn from T.C.A. Title 39:
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These crimes often overlap; for instance, a scheme involving forged documents and embezzlement may lead to multiple charges. Digital elements, like computer fraud (T.C.A. § 39-14-901 et seq.), are increasingly common due to rising cyber threats.
Penalties and Sentencing in State Courts
Penalties for white collar crimes in Tennessee state courts are severe, designed to deter economic harm and restore victims. They vary by classification:
In Tennessee, the penalties for theft depend on the value of the property or services that were stolen. Possible classifications and penalties for theft in Tennessee include:
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Class A misdemeanor ($1,000 or less): punishable by up to a $2,500 fine and/or up to 11 months and 29 days imprisonment
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Class E felony (over $1,000 but less than $2,500): punishable by up to a $3,000 fine and one to six years imprisonment
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Class D felony ($2,500 or more but less than $10,000): punishable by up to a $5,000 fine and two to 12 years imprisonment
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Class C felony ($10,000 or more but less than $60,000): punishable by up to a $10,000 fine and three to 15 years imprisonment
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Class B felony ($60,000 or more but less than $250,000): punishable by up to a $25,000 fine and eight to 30 years imprisonment
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Class A felony ($250,000 or more): punishable by up to a $50,000 fine and 15 to 60 years imprisonment
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Misdemeanors (e.g., Class C: minor tax fraud): Up to 30 days in jail and $50 fine; Class A (e.g., small fraud): Up to 11 months, 29 days, and $2,500 fine.
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Felonies (e.g., Class E: tax evasion): 1-6 years prison and up to $3,000 fine to Class A (large-scale theft or fraud over $250,000): 15-25 years in prison (Probation is not a possibility for Class A felonies.
Additional consequences include:
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Prison: Depending on the Court and length of sentence, incarceration is likely for convictions for Felony large Class A, B, and C offenses.
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Restitution: Full repayment to victims, often prioritized over fines.
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Asset Forfeiture: Seizure of ill-gotten gains or related property (T.C.A. § 40-33-201 et seq.).
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Probation/House Arrest: Common for first-time offenders, with restrictions like internet bans.
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Collateral Penalties: Loss of professional licenses, voting rights (until sentence completion), and reputational damage.
Judges consider factors like prior record, victim impact, and cooperation. Probation is viable for lower-level offenses, but repeat or trust-abuse cases can trigger enhancements. Civil suits may follow criminal convictions, seeking further damages.
Investigation and Prosecution Process
Investigations begin with tips to the TBI or local DA, involving forensic accountants and subpoenas for financial records. Grand juries indict felonies, while misdemeanors may proceed via information. Trials in Circuit or Criminal Courts feature complex evidence, such as ledgers and emails. Plea bargains are common due to voluminous proof, but vigorous defenses challenge intent or procedural errors.
Defenses and Legal Strategies
Common defenses include lack of criminal intent (mens rea), entrapment, or Fourth Amendment violations in evidence gathering. Experienced attorneys use experts to dissect financial trails and negotiate diversions for first offenders. Early intervention is key, as cooperation can reduce charges.
Conclusion
With escalating penalties and sophisticated investigations, these cases demand prompt, expert legal counsel to navigate the maze of statutes and procedures. If facing allegations, consult The Evans Law Firm immediately to protect your rights and future. For more resources, visit the Tennessee Courts website or contact the TBI's Economic Crime Unit.
