Complexities Of White-Collar Crime In India

Deeksha Kumari, LLM, IMS Unison University, Dehradun, Uttarakhand

ABSTRACT

The term "white-collar crime," which sounds ominous and describes a widespread problem, describes non-violent financial crimes carried out by people in trusted positions. White Collar Crimes includes public corruption, health care fraud, mortgage fraud, securities fraud, and money laundering Instead of taking place in the dramatic settings of robberies or assaults, these crimes take place in the seemingly sophisticated world of corporate and government offices.1 However, the destruction they cause can be equally as great. White-collar criminals use their position in the workplace as a means of manipulation and deceit, driven by their goal for either corporate or personal advantage. The complexities of white-collar crimes are multifaceted. Firstly, the sheer volume of evidence can be overwhelming. Financial records, accounting ledgers, and intricate transactions require meticulous sifting to uncover the underlying criminal activity. Secondly, extensive investigations by various law enforcement agencies often span many years due to the need for specialized expertise and the painstaking process of untangling complex financial webs. Adding another layer of complexity, white-collar crimes frequently involve multiple parties with varying levels of culpability. These intricate networks of individuals within companies or across organizations necessitate careful investigation to determine each party's role.

Furthermore, the very nature of the offenses - fraud, embezzlement, securities violations, and money laundering - are often technical and require significant financial knowledge to understand and prosecute effectively. Finally, white-collar crime cases can be further complicated by the existence of overlapping civil and criminal proceedings. This dual-track approach presents challenges for both prosecution and defense, demanding careful management of competing deadlines and varying burdens of proof in each legal arena.

Keywords: white-collar crime, Organized Offences, Multifaceted Complexity, Financial Crimes, Criminal Justice System