What You Should Know About White-Collar Crime Investigations
We’ve previously discussed what to do while under federal investigation, however, now we will delve into how you can know whether or not you’re under investigation for a white-collar crime.One of the unique aspects of white-collar crime is that the suspect is often aware that he or she is under investigation before being charged with a crime. In many cases, the prosecutor will use a grand jury to investigate and gather information.
Signs You May Be the Target of a White-Collar Crime Investigation
If one or more of the following federal agencies has contacted you, you may be the target of a white-collar crime investigation:
Federal Bureau of Investigation
Securities and Exchange Commission
Internal Revenue Service
United States Treasury
United States Postal Service
S. Citizenship and Immigration Service
Other Signs to Look Out For
In addition to being contacted by one of the agencies listed above, you may be the target of a grand jury investigation if you experience one of the following:
You are contacted by an agent of a similar state agency.
You receive a grand jury subpoena to produce business records.
You are presented with a search warrant to seize business documents.
You learn from third parties that they have been served with subpoenas or been interviewed by a state or federal agency.
What to Do If You Receive a Target Letter
In most cases, subjects of a white-collar investigation will receive a target letter informing them that they are under investigation by a grand jury. Federal prosecutors are not required to issue target letters, but it is the general policy of the Department of Justice to do so. Cases where notification may not be provided include routine clear cases or cases where such action might jeopardize the investigation because of the likelihood of flight, the risk for destruction of evidence, or similar concerns.
In a target letter, the United States Attorney’s office informs the recipient that he or she is the target of a federal investigation and will be called to testify in front of a grand jury. The letter broadly states nature of the illegal activity being investigated and advises the target of his or her rights, including the Fifth Amendment protection against self-incrimination. The letter also warns the recipient that the destruction or alteration of any document required to be produced before the grand jury is a violation of federal law.It is imperative to contact an experienced white-collar defense lawyer as soon you suspect you may be the target of an investigation and certainly before meeting with state or federal law enforcement agents. We have seen many cases where the defendant damaged his or her case by saying or doing something in the early stages of an investigation. In some cases, an attorney may be able to prevent criminal charges from ever being filed.
Do you believe you might be under investigation for a white-collar crime? Would you like to discuss the matter further? If so, please contact me, Robert Levy, at 201-806-3364.
When to Settle and When to Fight: A Litigator's Framework
Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now
Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses
When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
