Very few criminal charges are as woefully misunderstood as white-collar crime. In contrast to street-level offenses or violent crimes, white-collar crimes tend to be committed in government, corporate, or professional environments and are financial in nature. Despite these differences, you can rest assured that white-collar offenses are pursued by federal prosecutors with the same tenacity as other major crimes. In fact, most white-collar offenses prosecuted at the federal level are accompanied by lengthy incarcerations, substantial fines, and career-ending repercussions.
If you have been charged with or are under investigation for a white-collar crime, you need to take immediate action. These types of cases are usually backed by months or even years of insider testimony, subpoenas, surveillance, and digital records. You need to work with a federal criminal defense lawyer who understands how these cases are built and how to dismantle them from day one.
At the Law Office of Aaron L. Wiley, our federal criminal defense attorneys provide nationwide representation for clients facing federal criminal charges involving regulatory violations, financial crime, and fraud.
What Is White-Collar Crime?
The phrase “white-collar” crime describes a non-violent offense committed for monetary gain, typically involving abuse of trust, concealment, or deceit. Due to their scope, impact on financial institutions and federal agencies, or involvement in interstate commerce, they are prosecuted under federal law.
While every criminal case is unique, white-collar crimes share some common features, such as:
- Use of deceptive schemes and/or false representations
- Abuse of access or professional status
- Fraudulent transfers of assets or money
- Involvement of federal oversight and/or multiple jurisdictions
- Victims include investors, businesses, government agencies, or banks
The punishments for white-collar crimes are harsh, even for offenders with no previous criminal record. Sentencing in a federal court depends on more than just which law was broken, but also on whether the defendant misused a position of trust, how many victims were impacted, and the amount of money that was supposedly involved.
How Are White-Collar Crimes Investigated?
Federal agencies are tasked with investigating white-collar criminal charges. These investigations often cover extended periods of time. All told, by the time someone realizes they are being investigated, the agency likely has ample evidence compiled from cooperating witnesses, emails, surveillance, and financial records.
The federal agencies commonly involved in white collar investigations include:
- Federal Bureau of Investigation
- U.S. Department of Justice Fraud Section
- Internal Revenue Service Criminal Investigation Division
- Securities and Exchange Commission
- Office of the Comptroller of the Currency
- Department of Health and Human Services Office of Inspector General
- U.S. Postal Inspection Service
White-collar investigative tools consist of:
- Undercover operations or whistleblower reports
- Cooperation agreements with insiders or co-defendants
- Wiretaps and electronic surveillance
- Forensic accounting and financial audits
- Grand jury subpoenas
If you are served with a subpoena, receive a target letter, or are federal agent attempts to contact you regarding federal criminal charges, do not talk to the investigators until you have legal representation. Even an informal statement made in a moment of haste can be used against you or the party under investigation. The best time to build a strong defense is, ideally, before formal charges are brought.
Defense Strategies for White-Collar Crimes
At the Law firm of Aaron L. Wiley, our federal criminal defense attorneys tackle defending white-collar criminal charges with an effective blend of skilled negotiation, persistent investigation, and legal precision. We will scrutinize each detail of the investigating agency’s case, challenge the manner in which they obtained their evidence, and identify weaknesses in the prosecution’s arguments.
Reliable defense strategies include:
Lack of Intent
Most white-collar crimes require the prosecution to prove intent to defraud or willfulness. We strive to present compelling evidence that proves our clients misinterpreted intricate regulations, relied on poor professional advice, or acted in good faith.
Incorrect Procedures
If federal agents violated our client’s Fourth or Fifth Amendment rights during data collection, interviews, or searches, our team will move to suppress the evidence. Emails, business files, and digitized records must be obtained in accordance with the law.
Disputing Damage Calculations
The government has a habit of inflating the supposed financial damages to push for longer sentences. Our federal criminal defense lawyers routinely work with forensic accountants to examine transactions and question whether the amount of damages is correct or can even be attributed to our client at all.
Legitimate Business Purposes or Good Faith
It is not uncommon for transactions that appear questionable at first to have a legitimate explanation. We work to prove that our client’s actions were within the scope of the law, obeyed internal procedures, and had no unlawful intent.
Sentencing Advocacy and Mitigation
Even when liability seems clear, we work hard to lessen any adverse impact through sentencing mitigation, pretrial diversion, or negotiation. We emphasize our client’s community contributions, lack of prior criminal offenses, and cooperation.
We understand that our clients have professional reputations, families, and their careers at stake. We work smartly, aggressively, and quietly to preserve your future and your freedom.
What Should I Do If I’m Under Investigation?
If a federal agent contacts you, you receive a letter indicating you are under investigation, or you are served with a subpoena:
- Do not talk to agents or investigators without an attorney
- Do not alter or delete records, since this could result in obstruction charges
- Contact a federal criminal defense attorney right away
- Save all financial records, contracts, and communications
- Do not discuss the investigation with third parties or colleagues
Being proactive can be the difference between a resolution and an indictment. Our firm has helped clients avoid white-collar criminal charges completely by taking control of their cases early on and skillfully negotiating with federal prosecutors to stop matters from escalating.
Contact the Law Office of Aaron L. Wiley
White-collar criminal charges are not only complicated, they can also damage your reputation and potentially end your career, but when you work with an experienced federal criminal defense lawyer, they can be challenged effectively. For more than three decades, Aaron L. Wiley has been helping civilians, executives, and professionals successfully navigate the federal legal system with strategy, discretion, and skill.
If you are facing federal criminal charges or are under investigation for a white-collar crime, you need to act immediately. Contact us today to schedule your case review. We will examine the facts of your case, outline your legal options, and begin creating a compelling defense on your behalf.