More than one courtroom at a time
White collar cases rarely stay in a single forum. A criminal case may be accompanied by an SEC or state enforcement action, a civil lawsuit by people claiming losses, an employment dispute, or an insurance fight over defense costs. These proceedings influence each other. Testimony given in a civil deposition can be used by prosecutors, and a criminal conviction can make liability in a related civil case much harder to contest. Courts are sometimes asked to pause civil discovery until the criminal case is resolved, and whether that request makes sense depends on where each case stands. Keeping one strategy across all of them is usually more important than any single filing.
Discovery and the paper case
In the criminal case, the government's discovery often arrives in great volume, and organizing it is a substantial task in itself. Prosecutors have a duty to disclose evidence favorable to the defense, and pressing for that material can matter. Pretrial motions may challenge how evidence was gathered or whether the charges hold up as a matter of law. Directors and officers insurance may advance defense costs, subject to the policy's terms and exclusions, so the policy should be reviewed early, because its notice requirements can be time-sensitive. Expect the defense to need its own forensic and industry help to read the records, since the government's summaries are a starting point rather than the whole story.
Trial, resolution, and the choice between them
Most white collar prosecutions end without a trial, but cases are still prepared for one, because that preparation shapes any resolution. A trial in a document-heavy case requires a clear account of what the paper actually shows, often with testimony from a forensic accountant or an industry witness. Resolution discussions in the criminal case should be coordinated with the civil litigation, since an admission in one may bind you in another. We go through the paths with you, explain what each one requires, and keep the decision where it belongs, with you.
