I’ve represented white collar criminals in my years as a criminal defense lawyer  Here are five things that may surprise you:

1.  Many white collar criminals are great con men and sociopaths.  The definition of a sociopath is a person who lacks a conscience.  They can lie easily and do!  You’ve probably met a few.  An good example is Bernie Madoff.  He lied to some of the richest, smartest people in the world—and got away with it for a while.  It’s a trait shared with other white collar criminals.

2.  When it comes to white collar criminals vs. street criminals, most white collar criminals are smarter.  The street thugs commit criminal acts of violence because they’re not smart enough to be successful at anything else.  Violence is dangerous.  White collar crime is rarely dangerous.  And because they’re smart, white collar criminals often are not caught.

3.  As clients, they are demanding, questioning, and interfering with their defense.  I don’t mind client’s questions and I want them to participate in their defense.  Since most white collar criminals are also sociopaths, they thing they know everything.  They’re some of the toughest clients to defend.

4.  Because the really smart ones almost always go to financial fraud, the evidence can be extremely complicated and confusing.  Thousands of transactions, e-mails, paper documents, and hundreds of witnesses may be required to prove the white collar criminal guilty.  That makes it hard.  Jurors don’t always understand the details and may find these criminals Not Guilty as a result.

5.  Do white collar criminals get off easier?  In our country, violent crimes are always punished more harshly.  Even if a white collar criminal has ruined the financial lives of dozens of people, the sentencing guidelines in my state, Minnesota, often give probation to these offenders.  It’s only after several convictions before they’re sent to prison.

Do you have family or friends who have been white collar criminals?  Let me know about them and their stories.

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