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.
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
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!
