Criminal Defense · Sub-Practice

White Collar Crime Defense

White collar charges are prosecuted by specialized teams with years of preparation. Your defense must match that.

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§ Overview

What these charges actually mean.

White collar crimes are financially motivated, non-violent offenses typically committed in commercial contexts. They are investigated over years by the FBI, IRS, SEC, and other federal agencies before charges are ever filed. By the time you are arrested, the government knows more about your case than you do.

White collar crimes include fraud, embezzlement, bribery, insider trading, tax evasion, money laundering, RICO violations, healthcare fraud, and more. They are almost always prosecuted federally, and federal sentencing guidelines calculate sentences based on the total "loss amount" — often resulting in sentences measured in years even for first-time offenders. Asset forfeiture can freeze your finances before conviction, making it critical to retain an attorney who can quickly challenge those freezes.

§ What's at stake — potential penalties

▸Mail fraud / wire fraud: up to 20 years per count; more for financial institution fraud
▸Tax evasion: up to 5 years per count
▸Securities fraud: up to 20 years per count
▸Healthcare fraud: up to 10 years, plus treble damages in civil cases
▸Money laundering: up to 20 years federal
▸RICO: up to 20 years per racketeering count, plus civil asset forfeiture

§ Common defense strategies

›Lack of criminal intent — good-faith belief in the legality of the conduct
›Advice of counsel defense — acting on the advice of a lawyer or accountant
›Challenging the loss calculation — the sentencing guideline range hinges entirely on this number
›Challenging the government's expert witnesses on valuation and financial analysis
›Negotiating cooperation agreements — valuable information can translate to dramatically reduced sentences
›Pre-indictment advocacy — intervening with prosecutors before charges are filed

“White collar investigations typically begin long before the target knows they are under scrutiny. By the time you receive a subpoena, grand jury notice, or search warrant, the government has usually spent months or years building the case. Pre-indictment representation — retaining an attorney the moment you suspect you are under investigation — is the single most effective way to protect yourself. Attorneys who intervene early have avoided indictment for clients entirely in some cases.”
— The Counsel editors

§ What to look for in an attorney

01Former federal prosecutor experience — they know exactly how these investigations work
02Ability to retain forensic accountants and financial experts immediately
03Experience with asset forfeiture proceedings and how to challenge them
04Familiarity with the specific federal agency conducting the investigation (FBI, IRS CI, SEC)
05Established relationships with U.S. Attorneys' offices for effective plea negotiations
06Resources to litigate a complex, document-intensive case if necessary

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§ Ask these at your consultation

6 questions that matter

❓Am I under investigation but not yet charged — and what should I do right now?
⚖️What agencies are involved, and what stage is the investigation at?
🔍Has the government obtained my financial records, emails, or business documents?
📋What is the loss calculation likely to be, and how does that affect sentencing?
💬Is cooperation with prosecutors viable in my case?
💡Are my business partners or employees also under investigation?

§ Frequently asked questions

Common questions about white collar crime defense.

What is the difference between white collar crime and regular fraud?

White collar crime is a category of financially motivated, non-violent offenses typically committed in professional or business settings. Regular fraud can also be white collar, but white collar crimes often involve more complex schemes, larger amounts, professional relationships of trust, and are prosecuted federally. The term was coined to distinguish business professionals from street criminals.

Can the government freeze my bank accounts before conviction?

Yes. Civil asset forfeiture and criminal forfeiture laws allow the government to seize and freeze assets connected to alleged criminal activity before trial — and sometimes before indictment. The standard is much lower than proof beyond a reasonable doubt. An attorney can file motions to release funds for living expenses and legal fees even while the case is pending.

What is a "target letter" from the U.S. Attorney's office?

A target letter is formal notice that you are the target of a federal grand jury investigation — meaning prosecutors believe you committed a crime. Receiving a target letter is a serious warning that charges may be imminent. Do not respond to the letter without an attorney. In some cases, early intervention after receiving a target letter has resolved the matter without an indictment.

How are sentences calculated in white collar cases?

Federal judges use the U.S. Sentencing Guidelines, which assign a "total offense level" based on the offense type and loss amount, adjusted for role in the offense, obstruction, and other factors. The loss amount is often the single biggest driver of the recommended sentencing range. Contesting the loss calculation — through forensic accounting and expert testimony — can be the most impactful part of the defense.

§ Counsel