If you are being investigated for or charged with a white collar crime in Columbus, Ohio, the consequences can be serious. White collar crime is a general term commonly used for non-violent offenses involving alleged financial or business-related misconduct. Depending on the conduct and the law involved, a case may be prosecuted under Ohio law, federal law, or potentially both.
These cases can involve financial records, business documents, electronic communications, transaction records, and other evidence. Federal investigations may also involve conduct crossing state lines or offenses created by federal law.
Understanding the type of allegation, the law involved, and the court handling the case can help you better understand what a defense strategy may involve.
What Is White Collar Crime?
“White collar crime” is not a single criminal offense defined by one Ohio or federal statute. It is a broad term used to describe various non-violent offenses that may involve financial, business, regulatory, or commercial conduct.
Depending on the facts, allegations may involve offenses such as fraud, embezzlement, money laundering, bribery, tax offenses, identity-document offenses, or other crimes.
The specific elements and penalties depend on the statute under which the person is charged.
Federal law, for example, contains separate statutes addressing mail fraud, wire fraud, bank fraud, health care fraud, securities and commodities fraud, and other offenses. Ohio law likewise contains its own statutes covering financial and business-related offenses, including theft (Ohio Rev. Code § 2913.02), telecommunications fraud (§ 2913.05), identity fraud (§ 2913.49), tampering with records (§ 2913.42), money laundering (§ 1315.55), and bribery (§ 2921.02).
What Are Common White Collar Crime Offenses?
White collar criminal cases can involve many different offenses. Some commonly encountered areas include:
- Fraud
- Embezzlement (often charged in Ohio as theft under Ohio Rev. Code § 2913.02)
- Money laundering (Ohio Rev. Code § 1315.55; 18 U.S.C. §§ 1956–1957)
- Bribery (Ohio Rev. Code § 2921.02)
- Public corruption
- Tax-related offenses
- Identity fraud and identity-document offenses (Ohio Rev. Code § 2913.49; 18 U.S.C. § 1028)
- Computer-related offenses
- Financial institution fraud (18 U.S.C. § 1344)
- Mail and wire fraud (18 U.S.C. §§ 1341, 1343)
- Health care fraud (18 U.S.C. § 1347)
- Securities and commodities fraud (18 U.S.C. § 1348)
- Engaging in a pattern of corrupt activity — Ohio’s state racketeering offense (Ohio Rev. Code § 2923.32)
The applicable law depends on the conduct alleged and the jurisdiction prosecuting the case.
It is also important to distinguish a criminal offense from a legal remedy or enforcement mechanism. Asset forfeiture, for example, is not itself a general category of white collar crime. Forfeiture can instead be associated with certain criminal offenses and federal prosecutions, under laws such as Ohio Revised Code Chapter 2981 and federal forfeiture statutes.
White Collar Racketeering and RICO Offenses
RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal statute codified at 18 U.S.C. §§ 1961–1968, enacted as Title IX of the Organized Crime Control Act of 1970.
RICO does not simply prohibit “obtaining money through an illegal enterprise.” The statute defines “racketeering activity” to include numerous specified federal and state offenses and establishes prohibited conduct involving enterprises and patterns of racketeering activity or the collection of an unlawful debt (18 U.S.C. § 1962). A “pattern of racketeering activity” generally requires at least two acts of racketeering activity, the last of which occurred within ten years of a prior act (18 U.S.C. § 1961(5)).
The federal statute identifies numerous offenses that can constitute racketeering activity, including certain forms of:
- Bribery
- Extortion
- Mail fraud
- Wire fraud
- Financial institution fraud
- Money laundering
- Obstruction
- Witness tampering
- Certain gambling offenses
- Certain identification-document offenses
The specific requirements for a RICO prosecution depend on the statute and the facts alleged. Federal prosecutors and the United States Sentencing Commission treat RICO as a statute frequently used alongside white collar charges such as fraud and money laundering.
Ohio also has its own racketeering law. Under Ohio’s Corrupt Practices Act, engaging in a pattern of corrupt activity is a separate state felony offense (Ohio Rev. Code § 2923.32). “Corrupt activity” is defined at Ohio Rev. Code § 2923.31 and includes predicate offenses such as money laundering (§ 1315.55), telecommunications fraud (§ 2913.05), bribery (§ 2921.02), theft (§ 2913.02), forgery (§ 2913.31), and tampering with records (§ 2913.42), among many others. A “pattern of corrupt activity” means two or more related incidents of corrupt activity connected to the same enterprise.Â
White Collar Fraud Offenses
Fraud is a broad category rather than one single federal offense.
Federal law contains separate statutes addressing different types of alleged fraudulent conduct. For example, 18 U.S.C. § 1341 addresses mail fraud, § 1343 addresses wire fraud, § 1344 addresses bank fraud, § 1347 addresses health care fraud, and § 1348 addresses securities and commodities fraud.
Depending on the statute, the government may need to prove specific elements such as a scheme, intent, use of a particular communication method, or other statutory requirements.
That is why the exact statute charged matters when evaluating a fraud allegation.
Common areas of federal fraud prosecution can include:
- Bank and financial institution fraud
- Mail fraud
- Wire fraud
- Health care fraud
- Securities and commodities fraud
- Mortgage-related fraud
- Tax-related offenses
- Identity-document offenses
- Other fraud offenses established by federal or state law
A defense attorney should review the actual charging statute rather than treating all fraud allegations as legally identical.
What Are the Penalties for White Collar Crimes in Ohio?
Under Ohio law, many financial offenses are graded by the dollar value involved. For theft under Ohio Rev. Code § 2913.02, for example, the offense level generally increases with the value of the property or services:
- $1,000 to less than $7,500 — felony of the fifth degree
- $7,500 to less than $150,000 — grand theft, felony of the fourth degree
- $150,000 to less than $750,000 — aggravated theft, felony of the third degree
- $750,000 to less than $1,500,000 — aggravated theft, felony of the second degree
- $1,500,000 or more — aggravated theft, felony of the first degree
Ohio felony sentencing ranges are set primarily by Ohio Rev. Code § 2929.14. In general terms: a fifth-degree felony carries 6 to 12 months; a fourth-degree felony carries 6 to 18 months; most third-degree felonies carry 9 to 36 months; a second-degree felony carries a minimum term of 2 to 8 years; and a first-degree felony carries a minimum term of 3 to 11 years. For most first- and second-degree felonies committed on or after March 22, 2019, Ohio’s indefinite (“Reagan Tokes”) sentencing law adds a maximum term calculated under § 2929.144. Maximum fines under Ohio Rev. Code § 2929.18 range from $2,500 for a fifth-degree felony to $20,000 for a first-degree felony, and courts may also order restitution.
Federal penalties are set offense by offense in the charging statute and are applied together with the federal sentencing guidelines, so the potential exposure in a federal case depends on the specific statute and conduct charged.Â
How Are White Collar Crime Cases Investigated?
White collar investigations can involve substantial documentary and electronic evidence.
Depending on the allegations, investigators may review:
- Business records
- Financial accounts
- Tax records
- Electronic communications
- Transaction records
- Contracts
- Corporate records
- Digital files
- Statements from witnesses or other individuals
The government may obtain evidence through different investigative methods and legal processes depending on the circumstances.
For a person or business under investigation, preserving potentially relevant records can be important. Destroying, altering, or concealing evidence can create additional legal problems, including separate criminal charges such as tampering with evidence (Ohio Rev. Code § 2921.12) or federal obstruction offenses.
The appropriate response to an investigation depends on its circumstances, and a person who learns that they may be the subject of a criminal investigation should consider obtaining legal advice before making substantive statements to investigators.
State vs. Federal White Collar Crime Charges
A white collar allegation can potentially be prosecuted under Ohio law or federal law.
The existence of a large amount of money or conduct involving multiple states does not automatically make a case federal. Federal jurisdiction depends on the federal statute and the facts that bring the alleged conduct within federal law.
Federal statutes cover specific conduct involving areas such as mail, interstate communications, financial institutions, health care, securities, and other federally regulated activity.
RICO, for example, expressly defines certain state and federal offenses as “racketeering activity” for purposes of the federal statute. Conversely, conduct prosecuted in Ohio’s state courts is governed by the Ohio Revised Code and Ohio criminal procedure, and racketeering-type conduct can be charged under Ohio’s own corrupt-activity statute (Ohio Rev. Code § 2923.32) rather than federal RICO.
The court handling the case, the applicable statute, and the procedural rules can therefore make a significant difference.
What Should You Do If You Are Facing a White Collar Crime Investigation?
A white collar investigation can begin before formal criminal charges are filed.
If you learn that you may be the subject of an investigation, avoid assuming that you can resolve the matter simply by explaining the situation to investigators.
An attorney can review the circumstances, identify the potential statutes involved, and advise you about the legal process and your options.
It is also important to preserve potentially relevant documents and electronic information and avoid altering or destroying evidence.
If charges have already been filed, defense counsel can review the charging document and the evidence disclosed by the prosecution and evaluate potential legal and factual issues.
How Can a White Collar Crime Attorney Defend You?
The appropriate defense strategy depends on the allegations and evidence.
A defense attorney may examine:
- The elements of the charged offense
- The evidence supporting each element
- Financial and business records
- Electronic communications
- Witness statements
- The government’s interpretation of transactions
- How evidence was obtained
- Whether searches or seizures raise legal issues
- Whether statements made during the investigation raise legal issues
- Whether the case is being prosecuted under Ohio or federal law
- Whether the evidence supports the charges
A defense strategy may involve challenging evidence, contesting whether the prosecution can prove required elements, negotiating where appropriate, or preparing the case for trial.
No particular defense strategy guarantees dismissal, acquittal, or another specific result.
Why White Collar Crime Charges Should Be Taken Seriously
White collar allegations may involve extensive financial and electronic evidence and can expose a defendant to significant criminal penalties depending on the offense charged.
Ohio and federal statutes provide different penalties for different offenses, so the potential consequences cannot be determined simply from the label “white collar crime.”
The applicable penalty depends on the statute, the charged conduct, the defendant’s circumstances, and any other applicable sentencing law.
For that reason, an individual facing an investigation or charge should have the specific allegations reviewed rather than relying on general descriptions of white collar crime.
White Collar Crime Defense in Columbus, Ohio
If you have been charged with or are concerned about a white collar criminal investigation in Columbus or elsewhere in Ohio, an attorney can review the circumstances and explain the legal issues that may apply.
Attorney Adam Burke represents clients in criminal matters in state and federal courts. His practice includes criminal defense matters involving serious felony and misdemeanor allegations and federal criminal matters.
Frequently Asked Questions About White Collar Crime
What is considered a white collar crime?
White collar crime is a broad term rather than one specific offense. It can refer to various non-violent offenses involving alleged financial, business, commercial, or regulatory misconduct.
Can white collar crimes be prosecuted in federal court?
Yes. Federal law contains numerous criminal statutes covering different types of fraud and other financial or business-related conduct. Whether a particular case can be prosecuted federally depends on the applicable federal statute and the facts.
What are common white collar crime charges?
Potential charges can include fraud, embezzlement, money laundering, bribery, certain tax offenses, identity-document offenses, and other state or federal crimes. The actual offense depends on the statute charged.
What penalties do white collar crimes carry in Ohio?
Many Ohio financial offenses are graded by the amount involved, ranging from misdemeanors to first-degree felonies. Ohio felony prison terms and fines are set primarily by Ohio Rev. Code §§ 2929.14 and 2929.18, and courts may also order restitution. Federal penalties are set by the specific federal statute charged.
What is RICO?
RICO is the federal Racketeer Influenced and Corrupt Organizations Act, codified at 18 U.S.C. §§ 1961–1968. The statute defines racketeering activity and prohibits specified conduct involving enterprises and patterns of racketeering activity. Ohio has a comparable state offense, engaging in a pattern of corrupt activity, under Ohio Rev. Code § 2923.32.
Can white collar investigations involve digital evidence?
Yes. Depending on the investigation, relevant evidence can include electronic communications, digital documents, financial records, transaction data, and other electronically stored information.
Should I speak with an attorney if I am under investigation but have not been charged?
If you believe you may be the subject of a criminal investigation, consulting a criminal defense attorney can help you understand the allegations and legal options before making decisions that could affect the investigation.
Contact a Columbus White Collar Crime Defense Attorney
Being investigated or charged with a white collar offense can involve complicated legal and factual issues.
The appropriate defense strategy depends on the specific statute, allegations, evidence, jurisdiction, and circumstances of the case.
Attorney Adam Burke represents clients facing state and federal criminal matters in Columbus, Ohio and surrounding areas. If you are facing an investigation or criminal charge, a consultation can help you understand the nature of the allegations and the legal issues involved.
Phone: 614-280-9122
Legal Disclaimer
This article provides general information about white collar crime and criminal defense and is not legal advice. Reading this article does not create an attorney-client relationship. The laws and procedures applicable to a particular criminal matter depend on the specific facts, charges, jurisdiction, and relevant law. Anyone facing a criminal investigation or charge should consult a licensed attorney regarding their individual situation. Statutory references in this article were checked against the Ohio Revised Code (codes.ohio.gov) and the United States Code as of September 2026; statutes are amended from time to time, and the current version of any statute should be consulted.