March 18, 2015, Utah became the first state to approve a white-collar crime offender registry. The goal is that it will be similar to a sex offender registry, where the registry would include names/aliases, photograph, physical description and a list of convicted white-collar criminals to protect the public. Utah’s Attorney General, Sean Reyes, stated, “Utah’s unique personal interweaving and close relationships offer a rich environment for predatory behavior and financial crimes.” So, what could this mean for the rest of the country?
Why Would Utah Create a White-Collar Crime Registry?
Lawmakers in Utah are hoping that this bill will help prevent white collar criminals from taking advantage of people in the future. Apparently, Utah is known for having disproportionate numbers of white-collar criminals. “White-collar crime is an epidemic in Utah,” said Reyes. Reyes was actually a former defense lawyer who represented “some of these bad guys” and was the person who created this idea of a white-collar crime registry.
What Does the Bill State?
The bill that has been approved requires that any individual who has been convicted of second-degree felony offenses since 2005, which include securities fraud, mortgage fraud, theft by deception, unlawful dealing of property by fiduciary, fraudulent insurance, communications fraud and money laundering crimes, to register as an offender. The bill states that the offender’s name will remain on the Registry for a period of 10 years for a first offense, and an additional 10 years for a second conviction. It also stated that an offender could be on the list for life if they are convicted of a third offense. Offenders who can provide full restitution to their victims may get the opportunity to be removed from the registry.
In addition to providing information to the general public regarding the offenders and their crimes, the lawmakers are hoping that this list will also encourage offenders to provide restitution to their victims and discourage criminal acts in the first place.
Will Other States Adopt a White-Collar Crime Registry?
Utah hopes that it isn’t going to be the only state that adopts this type of criminal registry. The legislation’s sponsor, Curtis S. Bramble, has plans to promote it through his role as president-elect of the National Conference of State Legislatures. But, white-collar criminal defense attorneys are saying that this is going too far. “You’re adding one more punishment without any real showing that it’s needed,” said white-collar defense lawyer Susan Brune from Brune & Richard in New York. “Enough already.” She goes on to add, “Google is already a pretty effective registry.” Is this the government tagging you beyond your debt that you’ve already paid?
Call (504) 264-9492 For a Free Initial Consultation
If you have recently been arrested or charged with a white-collar crime in the state of Louisiana, please consider calling an experienced criminal defense attorney. Whether you reside in New Orleans, or your crime was committed in Louisiana, a criminal defense lawyer such as John Radziewicz of Crescent City Law will help you with your case, make sure your rights are not being violated, protect your family, and give yourself a chance to have your charges reduced or dismissed. Give us a call today at (504) 264-9492 or e-mails us. We are available nights, weekends and off-site.
