The authorities take white collar crimes seriously, typically mounting an aggressive investigation that can involve multiple law enforcement agencies.
Considering the resources available to federal and state investigators and prosecutors, you may think a defense is impossible. However, understanding the tactics of these agencies can open defense options you might not have considered.
Investigation process
In New York, white collar crime investigations are spearheaded by agencies such as the FBI, SEC and local law enforcement. These probes often commence with tips or whistleblower reports and can involve extensive audits.
White collar offenses that are typically investigated aggressively include:
- Securities fraud
- Embezzlement
- Money laundering
- Healthcare fraud
Investigators can employ subpoenas, search warrants and forensic accounting to gather evidence. They will also scrutinize financial documents, emails and other records to identify illegal activity. Surveillance and undercover operations may also play a role in these investigations.
Prosecutorial procedures
Once investigators gather sufficient evidence, prosecutors take over the case. The New York District Attorney’s Office or the U.S. Attorney’s Office typically handles these matters. Prosecutors must build a case that proves, beyond a reasonable doubt, the defendant’s knowledge and intent to commit a crime.
Creating a viable defense often involves scrutinizing the evidence to dismantle the prosecution’s narrative. Highlighting lapses in the investigation process or inconsistencies in the prosecutor’s case can also skew the issue in your favor.
Convictions for white collar crimes in New York can lead to severe penalties, including hefty fines, paying victim restitution and lengthy prison sentences. With legal guidance, you can explore all possible defenses and create a backup plan to obtain a reduced sentence if acquittal is off the table.
