White Collar Crime: What to Do the Moment You Are under Investigation

Receiving a grand jury subpoena or search warrant is not a routine business matter. It is a signal that investigators have already gathered enough evidence to justify compelled disclosure. A grand jury subpoena requires document production or testimony before a federal grand jury. Compliance is mandatory. Failure to comply can lead to criminal contempt. A search warrant authorizes agents to seize evidence without advance notice. If agents execute a search warrant at your premises, remain silent. Contact federal criminal defense legal counsel immediately. Every statement made without counsel present can and will be used against you.

Federal white collar investigations follow a predictable escalation path. The government starts with document requests and witness interviews. It then presents evidence to a grand jury. If the grand jury returns an indictment, charges are filed. By that point, the government has already built a strong evidentiary record. Targets who wait for formal charges before retaining legal counsel are at a serious disadvantage. Do not be one of them. If you have received government inquiries, consult criminal defense consultation legal counsel immediately. Your exposure is already being evaluated.

Securities fraud involves material misrepresentations or omissions made in connection with the purchase or sale of securities. Insider trading involves trading securities while in possession of material, nonpublic information. The SEC investigates both and regularly refers cases to the DOJ for criminal prosecution. A parallel civil action can result in disgorgement, civil penalties, and an industry bar. People who believe they are under SEC or DOJ investigation should immediately consult insider trading legal counsel. Parallel criminal referrals are common in securities cases.

Wire fraud and mail fraud are among the most frequently charged white collar offenses. They are also among the broadest. Any scheme to defraud that uses wire communications or the mail, including emails, phone calls, and electronic transfers, can support federal charges. Federal prosecutors use these statutes in financial fraud, healthcare fraud, bank fraud, and mortgage fraud cases. Each use of the wire or mail in furtherance of a scheme is a separate count. A multi-count indictment can expose a defendant to decades of potential imprisonment. Businesses facing federal fraud allegations should immediately seek wire fraud legal counsel. Do not make statements to investigators first.

Under the respondeat superior doctrine, a corporation is criminally liable for the acts of its employees and agents. This applies even when the corporation had compliance policies prohibiting the conduct. A robust compliance program is a significant mitigating factor in DOJ charging decisions and sentencing. Corporate liability arises most commonly in wire fraud, securities fraud, money laundering, and RICO cases under 18 U.S.C. § 1961. A corporate conviction can result in debarment, loss of licenses, and reputational damage that effectively ends the business. Corporations facing government investigations should immediately seek corporate fraud legal counsel. Liability exposure and compliance gaps must be assessed without delay.

The DOJ's decision to charge a corporation is guided by the principles in the Justice Manual. Key factors include the seriousness of the offense, the corporation's history of similar conduct, the timeliness of disclosure, and the degree of cooperation. Self-reporting and full cooperation significantly improves the corporation's position. Deferred prosecution agreements and non-prosecution agreements resolve corporate criminal matters without a conviction. These agreements require the corporation to admit facts, pay penalties, and implement compliance reforms. Corporations under federal investigation should immediately seek financial crime penalties legal counsel. Voluntary disclosure decisions carry major consequences.

Early engagement with prosecutors can determine whether a case results in charges and, if so, what those charges are. A proffer agreement allows a target to provide information to the government under limited use protections. Information provided in a proffer cannot be used directly against the speaker. But it can lead investigators to other evidence. Cooperation agreements allow a defendant to plead guilty and cooperate in exchange for a sentencing reduction under USSG Section 5K1.1. Cooperation is not always the right choice. It requires careful evaluation of the government's case strength, available defenses, and sentencing exposure. Seek criminal defense and trials legal counsel before making any decision about cooperation or a proffer.

When cooperation or plea negotiation is not appropriate, the defense must prepare for trial. White collar trial defense involves challenging the government's evidence of intent, attacking cooperating witnesses, and contesting loss calculations. The U.S. Sentencing Guidelines base the offense level primarily on loss amount. A successful challenge to the loss calculation can meaningfully reduce a sentence. Challenging forfeiture early and separately from the criminal case is essential to preserving assets. Defendants preparing for trial or sentencing should seek asset seizure and forfeiture legal counsel to evaluate forfeiture exposure and protect assets.