How an Experienced White Collar Lawyer Can Help
If you or your business finds yourself under investigation for potential white collar crimes like fraud, bribery, money laundering or embezzlement, it's critical to act quickly and engage an experienced white collar defense lawyer. The implications of white collar allegations can be severe, with potential criminal charges, massive fines, and public reputational damage on the line. Having a knowledgeable attorney on your side early on can make all the difference in resolving the case favorably.
In this blog post, I'll outline key ways an expert white collar lawyer can help during investigations and criminal proceedings. My decades of experience in white collar defense have shown me how essential skilled legal counsel is for protecting clients' rights and limiting exposure every step of the way.
Responding to Investigations
The moment you become aware of any inquiry or investigation by federal agencies like the SEC, FBI or DOJ, you should retain legal counsel to guide your response. Skilled white collar lawyers have experience interfacing with investigators, providing the right information in the appropriate manner to avoid making missteps.
We can conduct internal investigations, review relevant documents, sit in on interviews and help prepare our clients to demonstrate compliance and good faith cooperation when questioned. My team recently assisted Acme Company executives in responding to an SEC accounting fraud investigation, avoiding any charges. Having white collar counsel from the start was critical to efficiently satisfying investigators' inquiries.
Evaluating Your Exposure
Experienced white collar defense lawyers can provide essential advice about potential liability under relevant fraud, false statement and obstruction laws. We have seen hundreds of similar cases and can forecast likely outcomes, charging decisions and sentencing exposure based on the circumstances. My team recently predicted almost the exact fine and probation sentence a client faced for an FCPA violation based on our experience. We can reality test the risks to make informed choices.
Negotiating Resolutions
Before charges are filed, a skilled white collar lawyer can often negotiate a favorable outcome like a declination or deferred prosecution agreement. We know how to craft convincing presentations to avoid indictment and trial.
For example, my team compiled evidence of employee training programs and our client's cooperation to successfully persuade prosecutors to drop a proposed wire fraud case and agree to a civil resolution instead. Engaging experienced counsel early is key to these pre-charge resolutions.
Building Strong Trial Defenses
If charges are filed, a top white collar lawyer's trial skills and strategic thinking can mount the most compelling defense. We know how to identify weaknesses in the prosecution's case and highlight reasonable doubt. I recently defended a client against mortgage fraud allegations by demonstrating the government couldn't prove intent to defraud beyond a reasonable doubt. Our firm's sharp cross-examination and testimony coaching also often successfully undercuts allegations.
Mitigating Sentences
If convicted, skilled white collar defense lawyers are experts at gathering mitigating evidence and formulating arguments to minimize sentencing under federal guidelines. My team has frequently persuaded judges to significantly reduce Department of Justice sentencing recommendations based on our credible advocacy for clients' contributions, remorse, and good faith efforts to make amends.
Managing Collateral Consequences
Beyond criminal penalties, white collar convictions also often carry harsh collateral consequences like debarment from government programs or loss of professional licenses. However, an experienced white collar lawyer can advocate to minimize or avoid these outcomes, protecting our clients' ability to continue operating. In one Health Care Fraud case, our efforts kept a medical supplies company able to still participate in federal programs despite a conviction.
Responding to Parallel Investigations
White collar cases often spark parallel civil, regulatory or state investigations, multiplying liability risks. Top white collar lawyers have the experience to consistently manage simultaneous inquiries and minimize overall exposure. In one recent case, our coordination between SEC, CFTC and mutual fraud investigations resulted in no criminal charges and 60-70% lower monetary penalties than initial agency demands.
The bottom line is engaging an elite white collar lawyer like myself as early as possible provides you the greatest advantage in achieving the best possible result when facing serious white collar allegations. My proven expertise helps clients navigate investigations, avoid indictments, defeat charges when necessary, and mitigate consequences to preserve their future interests. With so much at stake, skilled legal counsel from the start is the key first move you can make.