white collar crime

Collective term for financial crime committed from positions of professional trust

White collar crime denotes financial crime committed by persons acting in a professional, commercial or position-of-trust capacity — often with access to company finances, financial systems or entrusted positions. The term derives from the English concept of white-collar crime and, in a Danish context, covers a broad category of offences, including fraud, embezzlement, breach of trust (mandatsvig), forgery of documents, tax fraud, VAT fraud, money laundering, insider trading and bribery.

What these cases have in common is that the criminality is typically sophisticated, planned and often concealed behind legitimate business structures. The perpetrator is rarely an outsider, but rather a person with internal access — a director, auditor, adviser or other trusted actor. It is precisely this position of trust that makes the criminality possible and often prolongs it, since those around the perpetrator initially have no reason to suspect fraud. In cases such as the Madoff scandal, the Trustor scandal and similar matters, it is characteristic that large sums are moved over a long period, and that the victims — whether investors, creditors or the public purse — discover the loss late. The complexity of the financial constructions makes investigation and prosecution resource-intensive and difficult.

Under Danish law, white collar crime is not a separate penal provision, but a collective term for a range of offences regulated in the Danish Penal Code (straffeloven) and in special legislation on taxation, company law and financial regulation. In practice, such cases are handled by the National Unit for Special Crime (National enhed for Særlig Kriminalitet, NSK), which in 2022 replaced the Danish Serious Economic and International Crime unit (Bagmandspolitiet, SØIK), and by the State Prosecutor for Special Crime (Statsadvokaten for Særlig Kriminalitet).

Posts Tagged “white collar crime”

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