White-collar crime is then defined as a criminal act performed by a business person or someone in any other occupation. They associate it to criminal or white-collar crimes which include embezzlement, fraud, or any form of deception. Firstly, white-collar crime is not physically dangerous, however, it may lead to other negative outcomes. There might be several penalties that can be given for the white-collar crime but identifying the most prevalent sanction might be quite complicated, yet there is one sanction that has been found to be the most common among the white-collar criminals.

The Most Common Penalty for White Collar Crimes

In the case of white-collar crimes, fines and restitution are considered to be the most common consequences for the offender. Penalties, comprising of fines, are supposed to affect the offender by penalizing him or her as well as discouraging the culprit from continuing with his or her wrongful conduct. Another aspect that helps the court determine the amount of a fine to set is the probability of reoccurrence, the gravity of the offense, the amount stolen, and the wealth status of the convict. The fines also differ in the practice depending on the type of the crime was committed. Another form of financial justice includes restitution where the culprit makes his or her way with the victims form of compensation for whatever they lost. In fraud and theft, the remedies aim at ensuring the money or the items that were stolen are recovered from the wrong doer. Although, restitution is different from fines in such a way that while fines involve paying money to the government, restitution concerns paying money to the victims.

Imprisonment for White Collar Crime

Although fines and restoration are often imposed as a penalty, imprisonment is always an option for white-collar offenders, more so in a situation where they have committed grievous crimes that affect several people.

Length of imprisonment highly depends on crime severity, the amount of money which was involved, the victims affected or whether an accused person has a record of previous offenses. Consequently, the white-collar crime sentences differ depending on all of these factors. It should also be pointed out that sometimes, the term of incarceration for lesser offenses or those who are first time offenders could be significantly shorter. Thus, it is possible that for nonviolent people, they can be released or serve their time in so-called ‘white-collar prisons’ in many cases.

Factors Affecting Sentencing

Thus, the type, as well as the severity of the sanction that can be given to white-collar offenders, can be subject to numerous conditions.

Among them are the following:

• The scope of the crime– As for the penalties, increased severity of the charges or the magnitude of the economic damage or the number of victims would lead to a rather severe punishment.
• The intention of the offender– Most offences that are associated with premeditation, deceit and trickery attract higher charges and stiffer penalties.
• ANCES– Asking for leave from the regular place of work in the case the one accused of the crime has a criminal record. They pointed that individuals who had earlier been involved in criminal activities or those who have a recorded knack for criminal activities are usually dealt with severely, they might be arrested.
• Cooperation with authorities– People who involve themselves in prior or during police investigations or trials could be lenient in terms of the penalties that they face.
• Effect on victims– In awarding the punishment, the courts always consider the extent to which the offenders harm their victims. That is why, as a general rule, more damage entails more consequences.