White Collar Matters
When a crime is referred to as being 'white collar' it's because there was a social scientist in the mid-20th century who labeled it that way. Various sources agree that it was first used to describe crimes committed by people who had a specific social status. According to one agency within our federal government the term means 'any illegal acts that cannot be characterized by concealment, violation of trust, or deceit, and that are not dependent of applied threats of physical violence or force'.
The FBI puts it this way - 'the individuals or organizations who commit these acts do so to gain a business or personal advantage, property, or money.' There are various offenses that will fall into this crime category, as all Marietta criminal defense lawyers are fully aware. Prosecution and investigations into white collar crimes can sometimes run across numerous federal statutes such as:
- Wire Fraud
- Mail Fraud
- Money Laundering
- Health Care Fraud
- Bank Fraud
- and many other federal statutes on a list that is very long.
First Time Offenders
It has been our experience in Marietta GA, that people who have been accused of committing a white collar crime usually have not previously faced any charges within the criminal justice system. That's why the targets of most of the white collar crime that gets investigated are not familiar with the rules, regulations, dangers, and procedures that are constantly lurking around whenever an investigation begins or when it grows into an all-out federal criminal prosecution.
Most usually the targets of a white collar crime investigation will know they are being investigated. This is unlike many other federal crimes. The reasons for this can vary. Federal grand juries do have the power of subpoena. The prosecutors use that power for obtaining documents and various other things they deem necessary for their prosecution. Additionally, as opposed to lots of non-white collar dealings, the federal agents will frequently go out and use search warrants and interview witnesses, long before any indictment is handed down. That gives the targets a 'heads-up' that they are being watched.
Hire an Attorney Immediately
Because people become aware they are being watched prior to an indictment being handed down, they can make the smart move and hire themselves a good, experienced, top-notch criminal lawyer the minute they find out they're being investigated. There are good reasons for them to take this action.
Example: Anyone who responds to a grand jury subpoena, and has any sense, must come equipped with specialized knowledge, which the average Joe doesn't have. However, an experienced federal criminal lawyer does.
Another good reason for hiring an attorney quickly is so they can interview witnesses and map out a proper course of action for their client to take. Most federal prosecutors are very reasonable and will talk casually with your attorney, so if your attorney contacts the prosecutor early on, he/she can get a feel for how things may be going.
Retaining your lawyer early in the process is a good move in a white collar crime. It enables people to be more relaxed and cooperative rather than stand-offish and having a 'wait and see' attitude about it. It is always the best idea to retain yourself an attorney who is experience in federal criminal cases early in the game, and the earlier the better.
It is the federal prosecutors (Assistant U.S. Attorneys) who bring the federal white collar prosecutions. They are assisted by several federal agencies like:
- IRS
- FBI
- EPA
- SEC
- FDA
and various other regulatory bodies within the federal government. Everybody is aware that our federal government has abundant resources for investigating white collar crimes and prosecuting them. That is all the more reason why anyone being investigated should hire themselves an attorney quickly.
There are loads of attorneys out there claiming to be more than qualified to handle these white collar cases. However, the percentage of them with real experience, the necessary background, and the commitment to defending you to the fullest, would surprise you. You have to be sure that your attorney has the skills necessary to give you the best advice and defense possible. That is why anyone who is involved in a white collar case needs to contact someone who truly can help them ASAP. Give us a call today and see how our experience can help you.