While “white collar” crimes are widely viewed as not being punished as severely as they should be, those who have spent years in federal prison and paid substantial fines would disagree. That’s why if you learn that you’re being investigated for some type of white collar offense, it’s crucial to act carefully and begin exercising and protecting your rights immediately.
Even if you are completely innocent of wrongdoing, you should never assume that investigators won’t find something that implicates you. People often go to great lengths to try to pin their illegal actions on colleagues, subordinates or managers.
Since evidence of white collar crimes is often digital rather than physical, you shouldn’t assume that because no one has searched your office or home, they aren’t looking for evidence. They may be searching electronic files that others have given them access to – voluntarily or in response to a search warrant.
Don’t allow a search without a valid warrant
Speaking of search warrants, you can and should require agents to present a valid warrant before giving them access to any files or property. People often think this makes them look guilty, and agents may indeed tell you that if you have nothing to hide, you’ll let them just have a look around.
However, if they have a valid reason for a search, they should be able to obtain a warrant. If you’re presented with one, review it to ensure the name, address and other specifics are accurate. Verify that they don’t search beyond the parameters specified. If they do, anything they find (that’s not in plain sight) may be considered illegally obtained evidence that can’t be used against you.
Don’t answer questions on your own
Don’t answer questions until you have a legal representative with you. Federal agents are adept at convincing people they just want to have a little chat. However, anything you say – even if you inadvertently get something wrong – can be used to build a case against you.
Further, if you don’t talk, you can’t lie. Lying to federal agents, investigators and prosecutors in itself is a federal offense if the lie is “material,” or relevant to the case. It can result in a prison sentence of up to five years.
Even an accusation of a white collar crime can harm a career, reputation and business. A conviction can destroy them. That’s why getting experienced legal guidance as early as possible is crucial.