The white collar crime, as it is informally known, gets its name because this is usually considered a criminal act performed by educated professionals, or “white collar workers” that have jobs in offices. A white collar crime is usually done for financial gain, and will involve high level, complex financial activities such as fraud, insider trading, and other, more abstract forms of activity that are far more complicated than an assault or shoplifting.
Because of this, the investigation into a white collar crime is equally complex and requires substantial amounts of time to conduct. This often requires investigators to gain access to financial records at companies and pursue other avenues of information. What all this means is that unlike most other forms of criminal investigation, someone under investigation for a white collar crime will usually be informed of the process and will be well aware of the investigation for quite some time as it progresses.
The Legal Advantage
People under investigation for white collar crimes have a big advantage over other legal clients. A criminal defense attorney can be brought in very early on be consulted even while the investigation is taking place. In most cases, a person charged with more traditional criminal activity will not even be aware of what is happening or need legal counsel until a charge and arrest is made. In the case of white collar crimes however, a person under suspicion has plenty of advance warning, and should use this extra time to maximum advantage.
While a criminal defense lawyer cannot—and will not—impede the investigation of agents looking into a white collar crime, what the lawyer can do is ensure that your rights are protected, and that you don’t submit to the investigation any more than is legally necessary. In other words, investigators may ask you questions or make requests of you to do things that may be incriminating, or that you actually have no legal obligation to comply with. They will be hoping you are not aware of your rights in these matters and inadvertently give them more material to work with in their investigations on an ignorant but voluntarily basis.
A good criminal defense lawyer, however, will apprise of you exactly what you must comply with, and what you are under no obligation to comply with. They know what questions you have to answer and what lines of questioning you can retain silence on.
By engaging a criminal defense lawyer early on in a white collar crime investigation, you can ensure you enjoy full legal protection from the early stages of the investigation right up until charges are laid or a court date is set.