There are a variety of crimes that fall into the category of white-collar. Fraud, embezzlement, identity theft and insider trading are some of them.
One common question that defendants ask when arrested on such charges is what ultimately resulted in their arrest? There are a few different ways to address this question.
How investigators uncover potential crimes
There are two examples of charges that defendants may face:
Let’s take embezzlement to start. An employer may turn over their books to either an accountant or bookkeeper to balance them. They may notice that their expenses deviate from the norm. They call it to the business owner’s attention. If they cannot provide a plausible explanation for the expenses, they report the suspected impropriety to law enforcement for further investigation. Police trace how the transactions occurred, ultimately resulting in someone’s arrest.
A similar series of events may result in an investment broker facing insider trading or other charges. State or federal regulators may randomly perform an audit of their records or receive an anonymous tip from an investor who didn’t have things work out in their favor. Either of these scenarios could end up in your arrest.
Keep in mind that in virtually every federal white-collar case, there’s a grand jury secretly impaneled to review the evidence and hear witness testimony before the U.S. Attorney’s Office ultimately files with you. The impaneling of a grand jury is sometimes required in other state-level matters as well. Even if a grand jury doesn’t occur, there’s a lot of back-and-forth communication between prosecutors and law enforcement to ensure there’s enough evidence amassed to move forward with a case before charges are filed.
If a grand jury is involved, then there’s a strong chance that a jury impaneled in a criminal matter could convict you. Prosecutors know the burden they have to meet to prove a case and generally don’t pursue one unless they know they can win. At the same time, they only know one side of the story. You have a chance to have yours heard in court. You’ll want to make a strong argument when you finally voice it.