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White Collar Crime Registry in Utah and Other Registries You May Not Know Existed
Most Americans are aware of the mandated sex offender registry for convicted sex offenders. Used in all 50 states, it is accessible by the public and provides names, descriptions, and photographs of those that have served their time and then been released back into society. However, few are aware that there are many other types of criminal registries that, depending on state and circumstance, may also be viewable by the public. The most recently opened is a white collar crime registry in Utah.
The Rise of Offender Registries
Over the last several years, registries for convicted offenders of various crimes have grown exponentially. Five states monitor those convicted of arson. Seven have registries for methamphetamine producers, and Indiana offers a public website that lets visitors use Google Maps to find the location of homes that have been used as meth labs. In Tennessee, those convicted of animal abuse must register. And in the state of Florida, anyone convicted of a felony of any kind must register for up to five years after completing their sentence. Some of these registries are restricted to law enforcement or fire official use, but others are searchable to the public, just like the sex offender registries.
Utah’s White Collar Crime Registry
Utah already had a sex offender and kidnapping registry in place when it implemented its white collar crime registry in February. This extends registered offenders to include anyone who has been convicted of second-degree fraud as well as other financial felonies committed since January of 2006 (currently 230 people), which can include everything from credit card fraud and check fraud to embezzlement.
Anyone who lands on the database will remain listed for 10 years after their conviction after a first offense and an additional 10 years for a second offense. Individuals with three or more convictions will never be removed. There is a small loophole that convicted individuals can use to stay off the registry, however: those who have worked to “make victims whole” again through financial recovery do not have to register. Unfortunately, meeting the required demands may be difficult for most.
A construction worker convicted of fraud after dismantling his motorcycle, hiding the parts, and then telling the insurance company the parts had been stolen is a prime example. Despite serving 90 days in jail and paying $16,000 in restitution, he remains on the registry for all to see. Unless something changes, he will continue to do so until 2018.
Does Conviction of a Crime Nullify Privacy Rights?
While some may look at registries like the one for white collar crimes in Utah or meth producers in Minnesota as a form of justice, Americans must really take a step back to examine how such registries violate privacy rights. Because, with almost a million Americans on one of these many lists, and the seemingly constant increase in the number and types of registries, one has to wonder where the line will be drawn. Will a DUI registry come next? Or what about an assault registry?
It is easy for one to dismiss a situation when it does not affect them, but if this trend continues, more and more people will be affected. Clearly, the easy answer is just to never commit a crime and never be convicted, but it is not always easy, especially if you have poor representation during your criminal case. Because of this, it is critical that you seek an aggressive firm that has your best interest in mind.
Backed by more than 40 years of experience, the attorneys of Gimbel, Reilly, Guerin & Brown, LLP can help. Dedicated to helping you achieve the best possible outcome for your case and protecting your rights, we offer the kind of personalized and attentive representation you need. Learn more by calling 414-271-1440 to schedule your consultation with a skilled Milwaukee criminal defense attorney today.
Source:
http://www.wsj.com/articles/financial-crime-a-new-twist-on-the-sex-offender-registry-1458811801?cb=logged0.06299601893895845
