Types of White-Collar Crimes and how to prevent them

Real Estate » Types of White-Collar Crimes and how to prevent them

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White-collar crime is a slang word for crimes done by people of a higher class while engaged in their line of business. White-collar criminals typically hold a professional position of prominence and/or status that pays far more than the average wage. In this article, we will look at the various types of white-collar crimes and ways to prevent them.

What is White collar crime?

Defining white-collar crime is quite simple yet interesting. The concept of white-collar crime was first introduced by Sutherland in his book White-Collar Crime in 1949. These kinds of crimes frequently occur in the business, medical, and educational industries. However, many countries, including India, refer to the definition of white-collar crimes given by prominent criminologist Edwin Harding Sutherland, which is defined as follows: “crimes committed by people who enjoy the high social status, great repute, and respectability in their occupation.” White-collar crimes, according to the corporate definition, are non-violent crimes committed by professionals and businessmen seeking to increase their wealth or status by engaging in illegal activities or breaking the law. India is seeing an increase in white-collar crimes. White-collar criminals are more likely to be in a position to commit widespread and complex fraud schemes, such as working as loan officers in a bank.

Also Read: What is white-collar crime?

Examples of White-collar crimes

Each profession has its own set of white-collar crimes, which are committed by professionals who are recognized in their fields and are attempting to harm or escape something by using their position. The following are a few white-collar crime examples in the different sectors.

Law: In the practice of law, white-collar crimes include falsifying or fabricating documents, threatening witness statements or victims in an ongoing case, disobeying ethical rules for the legal profession, and attempting to subvert the rule of law.

Education: Some examples of white-collar crime in the education sector include soliciting donations in place of free goods or services, offering unfair advantages in exchange for admission, substituting donations for merit-based admissions, and racking up significant sums of money through government grants without processing them further.

Medical: In the field of medicine, white-collar crimes usually involve providing false medical certificates, using fake treatments to raise hospital bills, discriminating against children based on their gender at birth, delaying treatment to raise hospital bills, and selling chemist samples to customers for cash.

Types of White-collar crime

In India, some of the most common white-collar crimes are fraud, bribery, and corruption. Let’s take a closer look at some of these different types of white-collar crime.

Fraud:

Fraud is a broad term that refers to a variety of schemes used to defraud people of their money. Bank fraud, for example, is fraud committed to gain an unfair advantage of the money lending/credit system via a bank, and it includes fraudulent representation, document manipulation, breach of trust, and credit fault.

Identity theft and other cybercrimes:

Two of the most common computer crimes are identity theft and computer system “hacking.” The crime involves the hacking/breaching/disruption of a computer network in order to cause mental/physical harm using the internet or technology. Pornography, copyright infringement, cyber stalking, and malicious hacking are all examples.

Insider trading:

Insider trading occurs when a trader has material, non-public information that gives him or her an advantage in the financial markets. For example, an investment bank employee may be aware that Company A is planning to acquire Company B. The employee can purchase stock in Company B with the expectation that the stock will skyrocket once the acquisition is made public.

Bribery:

To attempt to influence someone to perform an action for you by providing them with cash, gifts, or other items that they desire. Bribes are used to influence people into taking an action that they otherwise wouldn’t.

These above-shared are some of the most common yet dangerous instances of white-collar crime.

White-collar crime sociology

White-collar criminals take advantage of their authority and commit crimes that cause harm to the community, financial fraud, and other malpractices. White-collar criminals are rarely if ever, held accountable for their actions. This statistic is based on a variety of factors. To begin with, most people do not consider white-collar crime to be a serious threat to society. Second, there is less outrage from the general public because it is difficult for them to fully comprehend the crime. This leads directly to the court’s failure to take collective action in response to the country’s alarming rise in white-collar crime. The majority of white-collar crimes are socio-economic in nature, affecting many people outside the criminal’s close circle.

Also Read: A Study on top white-collar crimes in India

Prevention of white-collar crime

White-collar crime can be prevented by properly and timely screening employees, ensuring that tasks are strictly separated, prioritizing an internal audit function, utilizing powerful software to perform, real-time exception monitoring, establishing and maintaining an ethical culture throughout the company, and providing employees with the appropriate training.

It is possible to make white-collar crime more difficult by educating potential victims on how to avoid becoming a victim. Increased security measures that require more energy to defeat and provide a higher risk of arrest can be effective in preventing white-collar crime. Streamlining legislation and regulations can help to reduce business abuses such as bankruptcy fraud and construction fraud. Because most white-collar criminals commit rational, calculated crimes, increasing the rate at which suspects are charged and sentenced may deter crime. Better public education may also result in increased reporting of white-collar crime. Denying the criminal any material gain from the crime may serve as a deterrent. More victims should be compensated using the remedies provided by existing legislation. There are countless instances of white-collar crimes that 

Taking away the criminal’s ability to profit financially from their crime may have a deterrent effect. The remedies provided by current law for reimbursing victims for the illegal gains of white-collar offenders should be used more frequently.

Lex Solutions has a team of criminal defence attorneys who provide legal advice on a variety of topics such as anti-bribery and corruption laws, insider trading, corporate and accounting fraud, and more. One can get assistance with white-collar crimes from Lex Solutions.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.