What is White Collar Crime?

White collar crime refers to those offenses that are designed to produce financial gain using some form of deception. This type of crime is
usually committed by people in the business world who, as a result of their job position, are able to gain access to large amounts of other
peoples money. White collar crime does not involve violent, drug-related, or overtly illegal activities. In fact, perpetrators are typically involved
in otherwise lawful businesses and may hold respectable positions in the community prior to the discovery of their fraudulent schemes.
Most white collar crime is investigated and prosecuted by federal authorities. This is not good news for the accused, as federal conviction
rates are high, and U.S. District Attorneys offices have substantial resources available to pursue wrongdoers. There is a common
misconception among the general public that defendants convicted of white collar crimes will be treated with leniency. In reality, sentences
handed down for purely financial crimes can be as long or longer than sentences handed down in cases involving violence or drugs.
Common Types of Offenses
A broad range of white collar crimes are perpetrated each day in the United States, the variety of these crimes being limited only by the
imagination of those who commit them. Examples include tax evasion, insider trading, insurance fraud, bribery, embezzlement, and money
laundering. Some offenses are committed on a small scale, like when individuals filing for liquidation bankruptcy fail to disclose personal
assets on their petition. Other times, a single fraud can affect the lives of hundreds or thousands of people, such as investment frauds
committed by securities brokers.
The largest and most infamous example of white collar crime ever discovered took the form of a giant Ponzi scheme. Named after a swindler
who operated nearly a century ago, Ponzi schemes involve the solicitation and misappropriation of investment money. Early clients are not
paid from profits, but rather from investment funds collected from later clients. In this particular case, New York money manager Bernard
Madoff used such a scheme to rob clients of an estimated $65 billion. He pleaded guilty in 2009 and was sentenced to 150 years in prison.
Dealing with an Investigation
One of the unique aspects of white collar crime is that suspects will often become aware of the fact that they are being investigated days,
weeks, or even months prior to their arrest. While this can cause suspects to experience fear and apprehension about the future, it also
provides an opportunity not available to those who are arrested without warning. By retaining a criminal defense attorney at the first indication
of trouble, individuals may be able to considerably reduce their exposure to criminal liability and perhaps avoid charges all together.
A defense attorney will not directly impede the investigative efforts of law enforcement. However, individuals who are represented by counsel
are far less likely to unknowingly waive constitutional legal protections, or relent to the demands of investigators when there is no need to do
so. And while plea bargaining typically occurs following an arrest, a skilled criminal defense lawyer will act proactively, engaging the
prosecuting attorneys early in the process. Many cases are successfully resolved through negotiation before formal court proceedings begin.
Strategies for Trial
In an ordinary criminal trial, several witnesses and police officers are called to testify, some physical exhibits are introduced into evidence, and
the entire trial is finished in a day or two. By contrast, cases alleging white collar crimes may take weeks to try before the jury. The number of
exhibits alone can be overwhelming, with potentially thousands of documents, emails, and other items of evidence that must be accepted by
the judge and reviewed by the jury members. Fortunately for defendants, the size and complexities of these trials can sometimes be a
strategic advantage.
The burden of proving a case belongs to the government. So while government prosecutors are inundating the jury with the volumes of
financial records necessary to prove their case, the defendant can present his or her argument in a concise, simple manner. After all, it only
takes a single flaw in the governments case to obtain an acquittal. If the defendant can identify a flaw, and elucidate it succinctly, jury
members will be grateful to the defendant for making their job easier. Poking a single hole in a complex case can be a winning trial strategy for
white collar offenses, but it requires the ingenuity and finesse of an accomplished defense lawyer.
White Collar Crime Defense Attorneys
If you are in danger of being prosecuted for a white collar crime, your career and reputation are on the line. Worse yet, your very freedom may
be at stake. With so much to lose, you need to retain a specialist. Contact a white collar crime lawyer today for advice about your situation.

Short Essay on Legal Education in India

by Aliva Manjari
In the present age Legal Education in India is not satisfactory. It requires medical changes. The law in an instrument of change. It plays a very
important role in the reconstruction of the society; our Constitution has given guarantee to its citizens social, economic and political justice.
The Directive Principles of State Policy as enshrined in the Constitution of India, attempt to transform society, social economic and political
aspirations of the people have changed.

We are governed by Law; therefore, a change in the system of legal education has become inevitable. We in India still cherish and nourish
that very education system which was established by Britons in India.
Judges, Lawyers and Law teachers could not change basic postulates of common law. They do not play any role in the formulation of policies,
law colleges and universities perennially followed traditional path.
We want Jurists of eminence and judges of repute. Since law is one of the social sciences, therefore, the study of history politics, economics
and sociology should be liked with the study of law.
It shall be having new vision to lawyers and Jurists; Language is the life of Law. The scientific knowledge of language is essential for every
student of Law. Unfortunately our students know very little about the languages.
It is desirable that basic knowledge of the language should be imported to law students. The study of law along with social sciences and
language shall improve legal education.
The examination system of our universities is defective. It is illusion. It is out dated and obsolete. It is hardly test or examination. Legal
Education requires special attention in the present context. Law classes are overcrowded.
There is birth of law teachers, the Bar council of India could not properly regulates legal education. The resolution passed by bar council of
India is not implemented. Law classes in our country have become index of unemployment. Lectures delivered by teachers should be
supported by important cases. The basic concept of law should be thought. Moot courts are very important for legal education. Standard and
cheap books should be published by the proper authorities.
For the restriction on guess paper, immediate law is desirable. Admission in law classes should be according to standard of the students
group discussion, seminars and tutorials are also useful for the proper understanding of law proper arrangements for the courts visits and
practical training to the law student will be very helpful to the prospective lawyers. A minimum court attendance should also be fixed along with
their subjects of law students. A minimum financial assistance should also be provided by Bar Council of India to the poor as well as to the
intelligent law students.
According to Swami Vivekananda- That country and that nation that do not respect women have never become great, nor ever be in future.
According to Historian Romilla Thapper- Within the Indian sub-continent there have been infinite variations on the status of women
diverging according to culture malice, family structure, class, caste, property rights and morals.
Tagores said, Womens are the ornaments of society. The society was male dominated and he ruled mainly by ethics and morals. But now a
days womens are enjoying the topmost supremacy and these have won over intelligence and mental capacity of the men. Today if it was that
the society was Male-Dominated then india wouldnt have produced highlighting examples such as P.T.Usha-The Women Athlete, Lata
Mangeshkar-The Nightingale and the Singer, Sonia Gandhi-Political and Klpana Chawla-The Indian Astronaut. Today the proverb given
above has proved true. A woman is the pillar of a family, and concussively that of a nation. The statue of liberty which is symbol of peace and
liberty is none other than that of a woman. Therefore, respect women and every life. [2]
In the past, women were treated as mere slaves. As they belong to the weaker sex, men used to keep them under thumb. They were denied
freedom. They were kept like dumb cattle within the four walls of the house. Indeed, they had no rights. Their most sacred duty was to obey
blindly.
Though the conditions in the country are fast changing, yet women are still treated, in some respects, in the same old way. No one feels happy
in the home at the birth of a female child. Even an only daughter is supposed to be a curse for the family. She is regarded as a decree of lakhs of
rupees on the parents. Further, as a wife, she has always to obey her husband. Theirs not to reason why, theirs but to do and die. was the

motto for them. Even educated and modernized husbands want to see their wives confined within the four walls. The noble professions of the
outside world are considered to be of no concern to them. Their husbands, they may be good or bad, are their lords and gods.
Those changes are beneficial which come gradually. Our country is changing politically, economically and socially, at a swift speed. The
condition of women is also gradually changing. They have begun to take their due place in free India as is evident from the following facts.
In free India, women cannot be kept as sheer domestic servants. They have to play their vital role in the development of the country. That is
why more and more girls are getting education. No distinction is now made in matters of education between boys and girls. Education is bound
to give them place of honour in society.
It is for the first time in the history of our country that women have been given equal voting right with men. It clearly means that women will
now take an active part in outside affairs also. Their voice will now be as forceful and important as that of men. No politician of leader can now
afford to neglect, or oppose their rights. They are becoming equal partners in the making, or the dismissing, of a Government.
Hindu law has been changed and modified. Far reaching changes have been introduced in the Hindu Marriage Act. Women have been given
right to divorce in certain cases. This is a very important change. They have been given protection in other ways also against the cruelly of the
husbands. Besides this, the Hindu Succession Act has given to the daughter the right to the property of her parents. These reforms have
secured for women an honorable status in society.
Our constitution has given equal rights to women. No distinction has been made on the basis of caste, religion or sex. Their rights have thus
been safeguarded. Reservation for women in state assemblies, parliament and the upper house is apt to be enacted in near future.
Many a women has begun to occupy high position in the life of our country. There are a number of lady minister and deputy ministers. A
woman, late Mrs. Indira
Gandhi was the Prime Minister of the country and a leader world stature. Besides this, women are taking to the profession increasing number.
Today there are women who are competent police which direction the wind is blowing. The observance of the international womens year in
1975, gave further impetus to the movement for the emancipation of women. Attention has thus been focused on problems peculiar to women
in India.
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. The term Cyber Crime has nowhere been defined
in any statute or Act passed or enacted by the Indian Parliament.
Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the
ambit of cyber crime.
It is rapidly evolving from simple e-mail mischief where offenders send obscene e-mail, to more serious offences like theft of information, email bombing to crashing servers etc.
The types of cyber crimes include pornography, cyber fraud, defamation, cyber stalking, harassment, IPR theft, data hostage, money
laundering, phishing, e-mail bombing, cyber war, illegal EFT.
Cyber crime is different and more heinous than conventional crime as in cyber crime; the crime is committed in an electronic medium and here
means read is not a requirement but is rather a general rule under the penal provisions of the Information Technology Act. The Indian
Parliament considered it necessary to give effect to the resolution by which U.N.

General Assembly adopted Model Law on Electronic Commerce adopted by the United Nations Commission on Trade Law. As a consequence
of which the Information Technology Act, 2000 was passed. This Act was a welcome step at a time when there was no legislation on this field.
The Act has however during its application proved to be inadequate and there are certain loopholes in the Act.
Cyber Crime in the Act is neither comprehensive nor exhaustive. The Information Technology Act has not dealt with cyber nuisance, cyber
stalking, and cyber defamation and so on. Cases of spam, hacking, stalking and e-mail fraud are rampant although cyber crimes cells have
been set-up in major cities. The problem is that most cases remain unreported due to lack of awareness.
Capacity of human mind is unfathomable. It is not possible to eliminate cyber crime from the cyber space. However, it is quite possible to
check them.
The home user segment is the largest recipient of cyber attacks as they are less likely to have established security measures in place and
therefore it is necessary that people should be made aware of their rights and duties.
Users must try and save any electronic information trail on their computers, use of anti-virus software, firewalls, use of intrusion detection
system etc. and further making the application of the laws more stringent to check crime.

INDIAN LEGAL SYSTEM PROBLEM AND CHALLANGES

The Judiciary interprets laws enacted by the legislature and dispenses justice according to those laws. The
judiciary must act independently without fear or favor. The judges must be honest and men of courage and
integrity. However, it must be remembered that the Indian legal system is a legacy of our colonial rulers and
with the passing of time many evils have crept into it and it fails to satisfy the aspiration of the people. Hence
there is urgent need of a complete overhaul of judicial machinery.
Honesty and integrity of the Judges must be given too priority. The judges should not merely be honest but also
seem to be so. Beside being honest, fearless and independent, they must also be learned and wise. They must
have sound legal knowledge, and must also know how to apply that legal knowledge to the cases before them.
They must be able to separate the grain of truth from the chaff of falsehood. They must be firm and above
suspicion so that they may decide a case fearlessly and give their judgment without fear or favor. They must
have a conscience so that they may tell themselves at the end of each day that have done their best according to
the light that is within them.
There is something in the very nature of the office of a judge and the function he performs that demands that he
should be a person of high integrity, whatever may be the moral norms prevailing in other walks of life. The
judiciary has neither the power of the purse not that of the sword. Its most valuable asset in the confidence it
inspires and the respect it evokes for this capacity to redress the wrongs of those knocking at the door of the
Courts and to keep the scales even in any dispute between the rich and the poor, the mighty and the weak, the
State and the Citizens, without fear or favor. This can only be ensured if the judiciary is manned by persons who
cannot be lured by pecuniary or other temptations or by rewards or undue power and authority. Once the image
of the judiciary is tarnished because of the doing of some of its members and its credibility goes down, the loss
is not merely that of the judiciary, the nation itself is deprived of the most stabilizing element in the even flow of
its life.
Once an impression prevails that justice is a purchasable commodity and those who administer it can be
tempted, the common man would be left with no forum to look for redress of the grievances. There is nothing

which rankles in the human so such as a brooding sense of injustice. We must remember that in the final
analysis the people are the judges and that every trail is a trail of our judiciary system also. Its strength and
weakness, its success and failure, its utility and credibility, the respect would depend ultimately upon the way it
satisfies the hopes and aspirations of the people in quest of justice.
The problem of delay and the accumulation of huge arrears of cases both in the lower-courts, the High Courts,
and the Supreme Court have assumed serious dimensions and invited a lot of criticism of the entire legal
system. The causes of this delay are many. There are lacunas within the law itself of which clever lawyers take
undue advantage and seek adjournments on personal grounds, for the benefit of their clients. Justice delayed is
justice denied. The flaws in the legal system give rise to unlimited frivolous suits, the purpose being not to seek
redress but to cause harassment to the opponent. This is one of the most important causes of the accumulation
of arrears.
Lok Adalats are being held constantly in some one chosen centre or the other, but they touch merely the tip of
the iceberg. The expansion of judiciary has not kept pace in the lower courts, the Judges fail to assert
themselves either out of lethargy or fear of tussle with the lawyers leading to strikes etc. The problem of delay
must be faced boldly and quickly both by reforming the legal system and by eliminating extraneous factors
responsible for such delay. This existing system must be improved to meet modern requirements.
The Constitution of India provides for a very delicate process of consultation between the executive and the
judiciary in the matter of appointment of judges through Supreme Court and the High Courts. A qualitative
improvement in judicial appointments can only be achieved of all the constitutional functionaries involved in
the consultative process strive to attract and find the best talent of character and dedication. Extraneous
consideration such as caste, community, religion, and politics must not prejudice the selection of judges.
But we must remember that the judicial system and legal machinery do not work in isolation from society. They
are integral parts of the entire social and political system. Their working depends on the co-operation of other
elements. We must have a non-political, efficient, dedicated honest and upright judiciary which must have a
non-political, efficient, dedicated, honest and upright judiciary which must be aware of its responsibilities and
remain fearless. Only such persons should be appointed as Judges, who enjoy the confidence and trust of the
nation. They must be allowed to function is such a manner that the country is assured of fair and equal justice
along with the achievement of political, social and economic justice.
If judges with special acquaintance or competence or those who have specialized in certain branches of law are
allotted cases under that particular branch of law, the time taken by judges who are not familiar with the
branch, specially of it is a specialized branch. Benches formed of competent judges should be allowed to
function for a reasonable length of time and the judges constituting the Bench should know well in advance
when the Bench is to break, so that there may be no part-heard cases left by the Bench after is it dismantled.
This however requires discipline on the part of judges themselves. They must sit in time. They must not absent
themselves from the Court simply because there are certain rights to have some leave of absence. This a matter
on which the internal discipline of judges is very essential. They must realize that they hold a high and dignified
position in society.
The business of the courts should be so arranged as to avoid the situation of old cases getting older and of new
cases receiving priority. Lack of proper listing listing and proper notice of new cases and the given priority to
old cases is a factor which contributes to the accumulation of arrears and to mal-administration of justices.

Matters involving common questions of law must be grouped and posted together for hearing before the same
Bench not only to save the precious time of court but to avoid conflicting decisions and ensure a uniformity in
approach leading to certainly and continuity in the progressive development of law.
The management of the court system should be modernized by taking advantage of new technology. While
computers have invaded all fields of activity in the country and modern technological advances have radically
altered the working in offices, the judiciary has remained outside the mainstream of this technological
advancement. It is, therefore, necessary that every High Court must have a computerized system for keeping a
catalogue of pending cases, a computerized library index of its decisions to avoid conflicting decisions, and
adequate number of word processors, photo-copying machines and electronic typewriters, a computerized
micro-filming centre for maintenance of record and a telex system connecting the Supreme Court with other
Courts. This is essential for inter-communication and interaction among different courts. Judges can help by
strictly adhering to the hours of work, by exercising the caution and restraint in allowing adjournments which
are the bane of our present-day court proceedings, and restricting oral arguments to the minimum by writing
clear an concise judgments and delivering them promptly within a short periods after the conclusion of the
hearing.
Members of the legal professions can and should also help. They must discipline themselves in order to be
effective ministers of justice. The arguments should be prudent preparation before presentation in the court
either in pleadings or the advocacy. There is a tendency in our country to rust to the court at the slightest
provocation. If lawyers could adopt a positive approach and strive to arrive at reasonable out of court
settlements, the time and expense of the litigants would be saved to a great extent and the inflow of cases into
courts would be reduced, thereby facilitating expeditious disposal of pending cases.
To-day a large number of litigation in superior courts is concerned with interim relief's and interim orders. If
we go by the number of interim orders subsisting for years together without the matter coming up for final
hearing due to dilatory tactics, one gets the impression that the majority in the profession have come to regard
interim relief as final reliefs. The number of frivolous and vexatious petitions being filed is increasing by leaps
and bounds. An overwhelming majority of special leave petition filed in the Supreme Court are dismissed and
yet there are no sign of decrease in filing such petitions. Frequently adjournments are sough upsetting the
schedule of work. The responsibility to comply with the instructions of delays. Lawyers frequently indulge in
lengthy arguments before the court. There is need to reduce the quantum of oral arguments prepared with great
caution and precision. Judicial time can be saved to a great extent and the settlement of cases expedited.