Those who are suspected of committing “white collar” crimes like embezzlement, money laundering and securities fraud often are contacted by law enforcement well before they are arrested and charged. It can take months or longer of investigation for authorities to get the evidence they need to arrest and charge those they suspect of wrongdoing.
Even when law enforcement agents behave as though they’re simply seeking information, it’s crucial to remember that anything you do or say could come back to haunt you – whether you’ve done anything illegal or not. That’s why it’s crucial to understand and protect your rights from the beginning.
Don’t answer questions by yourself
You typically aren’t obligated to answer any questions without having a legal representative present. Too many people make the mistake of thinking they can handle questions on their own – especially if they’re innocent. Powerful people, especially, often think they’re smarter than those questioning them.
However, experienced investigators are adept at convincing people they just want to talk informally and that bringing in an attorney is only going to make them look guilty. In addition to potentially incriminating yourself – or at least bringing more scrutiny — as we discussed in an earlier post, lying to federal agents can be a federal offense.
The importance of search warrants
Evidence searches in white collar investigations are often done online. Therefore, just because your office or home haven’t been searched, that doesn’t mean you aren’t a suspect. If investigators do ask to search your property – whether it’s your laptop or your entire home or office – you have the right to require them to get a search warrant signed by a judge. Don’t worry about whether it makes you look guilty – which they may imply. If they have probable cause, they can obtain a warrant.
If you’re presented with a warrant, you have the right to review it. You should first ensure the name, address and other specifics are accurate. Note the areas that can be searched and what can be seized to make sure they don’t go outside the parameters of the warrant. If they do, that evidence can be deemed inadmissible.
Being charged with a white collar crime can harm your reputation, career and business and take a toll on your personal life. The consequences of a conviction can be far more serious. That’s why getting early and experienced legal guidance should be a top priority if you’re being investigated.