White collar crimes encompass non-violent, financially motivated offenses, such as fraud, embezzlement, insider trading, money laundering, and tax evasion. These crimes are often complex and can involve corporations, executives, or professionals in positions of trust. Federal agencies, including the FBI, IRS, or SEC, typically lead investigations into white collar offenses. These probes may involve extensive document reviews, interviews, and financial audits. They can last months or even years before prosecutors bring formal charges.
If you believe you may be under investigation in Nassau County, it is crucial to act promptly and strategically. Taking proactive steps early in the process can affect the course trajectory and may prevent serious legal consequences. Delays in seeking legal guidance could jeopardize your ability to build an effective defense, and certain actions—whether intentional or not—could escalate the situation.
Our team at Foley Griffin offers personalized guidance for individuals across Long Island and the Five Boroughs facing white collar crime charges. Call (888) 966-8480 or contact us online to schedule a consultation.
What Are White Collar Crimes?
White-collar crimes refer to non-violent offenses that are financially motivated and typically involve deceit, misrepresentation, or a breach of trust. These offenses are often committed by individuals in professional or corporate settings, where their positions grant them access to sensitive financial or proprietary information.
Activities constituting white collar crimes include, but are not limited to:
- Fraud: Intentional deception to secure unlawful gain. These offenses can include securities fraud, healthcare fraud, or wire fraud.
- Embezzlement: Misappropriating funds or property entrusted to someone’s care, such as siphoning company funds for personal use.
- Insider trading: Using confidential, non-public information to buy or sell stocks for profit.
- Identity theft: Illegally obtaining and using another person’s personal information for financial gain.
- Internet crimes: Engaging in online schemes, such as phishing, credit card fraud, or cryptocurrency scams.
Various circumstances can attract the attention of regulatory agencies or law enforcement, setting a formal inquiry in motion.
Scenarios that might prompt an investigation into potential white collar crimes include:
- Whistleblower reports: Internal or external whistleblowers may report suspicious activities within an organization to regulatory authorities.
- Irregular financial activity: Red flags like unusual bank transactions, discrepancies in financial reports, or tax irregularities may attract the attention of auditors or government agencies.
- Third-party investigations: Partnering entities, such as banks or contractors, may raise concerns over questionable transactions, triggering audits or inquiries.
Understanding the scope of white-collar crimes and the scenarios that can initiate investigations is crucial. These cases are often intricate, involving multiple parties, financial records, and regulatory oversight. If you believe you are under investigation, taking immediate action is critical to protecting your legal and personal interests.
Signs That You Might Be Under Investigation for a White Collar Crime
Investigations into white collar crimes often develop quietly, leaving individuals unaware that they are being scrutinized until formal steps are taken. However, certain warning signs may suggest that you are under investigation. Identifying these early indicators can give you a critical opportunity to seek legal counsel and take action to protect yourself.
Signs that may indicate that an investigation is underway include:
- Unusual interactions or communication from colleagues or third parties: If coworkers, vendors, or business partners suddenly act differently—such as avoiding discussions about specific topics or appearing unusually guarded—this may suggest they are cooperating with investigators or have been contacted by authorities. Similarly, third parties may ask seemingly harmless but pointed questions, potentially gathering information.
- Receiving subpoenas or requests for documents: Subpoenas or formal document requests from regulatory bodies or law enforcement are strong indicators that you are involved in an investigation. These requests may ask for emails, financial records, or internal communications. While some subpoenas may seem routine, responding without legal guidance could inadvertently harm your defense.
- Visits or calls from law enforcement agencies: Investigators from agencies such as the FBI or SEC may contact you for a voluntary interview or show up unannounced at your office or home. Even if the communication seems informal, it often signals that you are either a person of interest or a potential witness in an ongoing case.
- Accounts being frozen or financial discrepancies being flagged: If your personal or business accounts are suddenly frozen or restricted, this may indicate that authorities are monitoring your financial activities. Similarly, discrepancies flagged in audits, tax filings, or financial reports may lead to closer scrutiny and trigger an investigation.
Immediate Actions to Protect Yourself if You Suspect a White Collar Crime Investigation
If you believe you are under investigation for a white-collar crime, acting swiftly and strategically can make a crucial difference.
While the situation may feel overwhelming, the following steps can help you protect your legal rights and prevent costly mistakes:
- Do not panic: Panic can lead to hasty decisions, like deleting files or saying something incriminating, which can escalate the situation. Staying calm allows you to think clearly and consult with the right professionals to address the issue. A measured response will put you in a better position to navigate the investigation effectively.
- Contact a defense attorney: Engaging a lawyer as soon as possible is one of the most important steps. An attorney experienced in white collar investigations can guide you through the process, help you understand your legal options, and shield you from missteps. Early legal involvement allows you to respond appropriately to inquiries, subpoenas, or document requests from investigators.
- Limit communication: It is vital to avoid discussing the investigation with anyone other than your attorney. Conversations with colleagues, friends, or family members may be used against you, even if you believe the discussion is private or harmless. Investigators can subpoena those individuals to testify or request communication records. Direct all inquiries through your legal counsel to prevent misinterpretations of your statements.
- Gather documentation: Begin compiling critical financial records, emails, and communications that may relate to the investigation. Organized documentation can help your attorney prepare a robust defense and demonstrate cooperation. However, it is crucial not to alter or destroy documents, as doing so can result in additional charges.
- Cooperate carefully: While cooperation with investigators may be necessary, it must be done thoughtfully. An attorney can help you determine what information to provide and how to respond to requests without incriminating yourself. If approached for a voluntary interview, it is best to politely decline until your attorney can be present to safeguard your interests.
How Legal Counsel Can Help
Engaging an attorney when you suspect an investigation allows you to be proactive rather than reactive. Early intervention helps your legal team identify potential risks, gather necessary evidence, and align your actions with a solid defense strategy. This involvement may sometimes prevent formal charges from being filed altogether.
Investigations often involve interactions with law enforcement, regulators, or federal agencies, such as the FBI or IRS. Without legal guidance, these conversations can expose you to risks of self-incrimination or misunderstandings. Your attorney can act as a buffer between you and the investigators, managing communications on your behalf.
A defense lawyer can protect you during the investigation and negotiate with prosecutors if charges are brought. Experienced attorneys can work to reduce the severity of the charges or explore alternatives, such as plea agreements or diversion programs, that may lead to less severe consequences. The earlier your attorney engages with prosecutors, the greater the opportunity to influence how the case unfolds.
Contact Foley Griffin immediately if you are under investigation or suspect that one may be underway. We serve clients throughout Long Island and the Five Boroughs. Call (888) 966-8480 or message us online.