White-Collar Lawyer in DC

How White-Collar Defense Lawyers Handle Cases

White-collar law is a specific area of practice that involves research, drafting, factual development, argument, and client contact. Most of this type of crime is investigated and prosecuted by federal prosecutors and agencies, so our white-collar criminal defense lawyers are prepared to go to court against the government and aid our clients through government investigations, compliance issues, and trials.

Conducting investigations makes up a substantial piece of the work performed by our white-collar lawyers. In-house and internal investigations may involve the drafting and implementation of investigation policies and the management of regulatory expectations by the government. Our attorneys also respond to whistleblower complaints. As white-collar criminal defense lawyers, most of our work involves ensuring the corporate policies and protocols are in alignment with the regulations and policies of the government.

Example of a White-Collar Crime

One well-known case of white-collar crime is ImClone, the insider trading case that took place in the United States. In December 2001, top-level executives sold their shares in ImClone Systems, a company manufacturing an anti-cancer drug. The SEC, or Securities and Exchange Commission, investigated several top-level executives and Martha Stewart. A settlement was reached in 2005.

Difference of White Collar Crime & Transactional Crime

White-collar crime differs from organized transnational crime in that transnational crime takes place across national jurisdictions. With advances in transportation and information technology, law enforcement has had to respond to crime on a global scale. Examples of this are money laundering, drug trafficking, human trafficking, illegal arms dealing, cybercrimes, and terrorism. It is difficult to gauge transnational crime, but it is believed in 2009 alone that:

• Illicit trading reached nearly $780 billion.
• Counterfeiting and piracy topped $1 trillion.
• The global drug trade was around $321 billion.

The Foreign Corrupt Practices Act (FCPA) has been the most potent weapon used by the US government to fight fraud and bribery committed by public officials, companies, and their officers and directors.

Corporate white-collar crime also differs from occupational crime. Individuals may commit a crime during employment, from stealing a pencil to stealing furnishings or a car. Namely, theft and fraud are the two most common forms of crimes. Insider trading is also a type of white-collar fraud.

White-collar defendants have a tough time proving their innocence at trial – if they even go to trial – despite having the help of a white-collar federal criminal attorney or a Washington, DC white-collar law firm. Most federal cases – at least 97% – are settled with plea agreements. If the case does go to trial, 90% result in convictions. According to the FBI, white-collar crime costs the United States an estimated $300 billion per year.

The Severity of White-Collar Crime for Companies

Although individuals are typically charged, companies can be sanctioned. The penalties for white-collar crime include fines, home detention (house arrest), community confinement, restitution, paying for the prosecution, forfeitures, supervised release, and imprisonment. The Federal Sentencing Guidelines suggest a longer prison sentence when a victim experiences substantial financial harm. If the defendant takes responsibility for the crime and assists with the investigation, the sanctions may be lessened.

Frequently Asked Questions About White-Collar Crime Cases

What Is the Typical Timeline for a White-Collar Crime Investigation?

Federal white-collar investigations often take months to years, depending on case complexity and and cooperation levels. From the time someone is charged, depending on the jurisdiction, a white-collar crime case can take anywhere from several months to more than two years.

What Happens During a White-Collar Crime Investigation?

Investigators typically gather financial records, electronic communications, and witness statements. Subjects may receive subpoenas, search warrants, or requests for interviews. Legal counsel should be secured immediately upon learning of an investigation.

What Penalties Could I Face If Convicted?

Maximum penalties vary by offense but often include substantial fines and imprisonment. For example, wire fraud carries up to 20 years in prison per count. Courts also commonly order restitution and asset forfeiture.

Can I Continue Working During an Investigation?

Usually yes, unless your professional license is suspended or your employer terminates your position. However, travel restrictions may apply, and certain financial activities might be monitored.