The proliferation of white collar crime investigations and prosecutions continues on both the federal and state sides of the criminal law. These cases vary from complex international transactions to simple local allegations of theft.

When a white collar client seeks legal representation, the Government has probably been investigating for months, if not years. It is critical that defense counsel catch up as quickly as possible by using all available means to investigate the allegations of wrongdoing. This type of investigation will entail obtaining the names of other “white collar” participants, following the money trail, and hiring forensic experts, such as accountants and appraisers.

The document process should enable a white collar client and his attorney to identify all witnesses and participants that are involved in the criminal investigation. Defense counsel cannot compel these interviews (unlike the Government which possesses the grand jury subpoena power in criminal investigations), so there are obvious challenges with this process, but vigorous representation will often yield results in this area.

The white collar investigation initiated by the Government almost always follows the money- where did it go, who did it go to, and how much was it. It is very important to understand the flow of the proceeds to evaluate potential culpability and the types of potential white collar charges such as bribery, false statements, money laundering, mortgage fraud and bank fraud.

Each case in the white collar area is unique; some involve possible political motivation and concern high-profile individuals. Others are less publicly charged, but are complex nonetheless done to the type of allegations and the amounts of money that may be involved. The key to exoneration in all of theses cases is through investigation and preparation, through the gathering of documents, statements, and appropriate experts.