The phase before any charge
White collar matters are often shaped long before an indictment. Investigations by federal prosecutors, the SEC, state attorneys general, and other regulators can run for a long time, quietly gathering documents and interviewing witnesses. During that period there may be chances to present information, correct misunderstandings, or influence how the matter is resolved, and those chances tend to narrow once charges are filed. That makes the investigation stage the place where white collar defense work frequently counts the most. It is also where people most often hurt themselves by talking too soon.
Your employer's lawyers are not yours
When a company is under investigation, its lawyers represent the company. If they interview you, they should tell you so, and what you say can be passed to the government if the company decides to cooperate. That does not mean company counsel is acting against you, but your interests and the company's can split, sometimes quickly. Many companies advance legal fees for employees under their bylaws, indemnification agreements, or insurance, and directors and officers coverage may pay for separate counsel. Ask for copies of those documents early, because their terms affect your choices.
Making the early decisions
In a first conversation we identify which agencies are involved, what they appear to be examining, and whether you are likely viewed as a witness, a subject, or a target. We talk about preserving documents and devices, handling contact from agents or reporters, and whether approaching the government makes sense now or later. If parallel civil, regulatory, or employment consequences are possible, we plan for those too. Some investigations close without any action, and part of the job is making sure nothing you do in the meantime makes the situation worse.
