Do White-Collar Criminals Go to Prison?

June 6, 2025 | Nafiz M. Ahmed

There is a common perception that people who commit white-collar crimes get off easy. There are countless examples of wealthy people convicted of financial crimes who walk free. However, there are also examples of white-collar criminals who end up in prison. The reality is that anyone convicted of a white-collar crime may still end up serving a lengthy sentence.

What Does The Term “White-Collar Crime” Mean?

“White-collar crime” refers mostly to financial crimes. These crimes are often nonviolent and related to businesses. The goal of these crimes is usually to enrich the perpetrator, who is either an individual or a business.

White-collar crimes are not victimless, even though they are non-violent. Many people are in rough financial shape after being exploited by white-collar criminals every year. Some of the most famous examples of white-collar criminals include Bernie Madoff, the Enron Corporation, and Elizabeth Holmes.

Types of White-Collar Crimes

White-collar crime is a very broad part of criminal law in California. However, some of the most common types of white-collar crimes include:

Embezzlement
Bribery
Fraud
Money laundering
Forgery
Insider trading
Extortion
Identity theft
Counterfeiting
Cyber crimes
Racketeering
Tax evasion

In many cases, these crimes are very complex. Years of investigation could be required before charges are filed. This is especially true if the crime is tied to a corporation or business.

Penalties for White-Collar Crimes in California

There can be steep penalties for a white-collar crime conviction in California. Ultimately, it depends on the charge and details of the case. Many white-collar crimes become more serious when more money is involved.

California has a category of crimes called wobblers. These crimes can be charged as either a misdemeanor or a felony, depending on the facts of the case. Most white-collar crimes are wobbler offenses.

If charged as a misdemeanor, it could carry up to a year in jail and a fine. This doesn’t automatically mean that you will go to jail. Many people convicted of white-collar misdemeanors end up on probation or with community service.

If you are convicted of a felony, you are much more likely to go to prison for white-collar crimes. California has a crime enhancement for aggravated white-collar crimes. This includes people who have committed two or more related fraud or embezzlement felonies over $100,000. The enhancement could add years to a prison sentence.

In addition to prison, most people convicted of white-collar crimes are ordered to pay a fine and restitution. Restitution is payment to the victims for their losses. Depending on how much money was stolen, this could take years, or even a lifetime, to pay.

Common Defenses to White-Collar Crimes

White-collar criminals tend to have many defenses available in their cases. These cases are often hard to prove because there are no direct witnesses and a complicated paper trail. The prosecutor may have a difficult time explaining a complex white-collar scheme to a jury.

Some of the most common defenses to white-collar crimes are:

Permission to take or use property
Mistaken identity
Lack of intent or knowledge
False allegations
Coercion
Constitutional defenses

Additionally, every white-collar defendant can also argue that there is insufficient evidence. The prosecution has the burden to prove the charges beyond a reasonable doubt. If they don’t produce enough evidence to meet this burden, the defendant will not be convicted.

Contact a Redwood City White-Collar Crime Attorney at Ahmed & Sukaram, Criminal Defense Attorneys for Legal Help

Every white-collar case is different, and some people may have better chances arguing one defense over another. To find out the best defense in your case, you should contact a Redwood City white collar crime lawyer at Ahmed & Sukaram, Criminal Defense Attorneys, for a free consultation.

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500