Protecting Your Rights in a Federal White Collar Investigation in NYC

Protecting Your Rights in a Federal White Collar Investigation in NYC

Being investigated for white collar crime can be scary. You may feel overwhelmed and not know where to turn. But there are things you can do to protect yourself during a federal investigation in New York City.

The most important thing is to get an experienced white collar defense attorney on your side right away. Don’t try to handle things on your own. A good lawyer knows how these investigations work and can advise you on the best legal strategies.

Get Legal Representation Immediately

As soon as you find out you’re being investigated, get a lawyer. Don’t wait. The earlier in the process you get counsel, the more they can do to protect you. An experienced federal defense attorney can:

• Advise you on interacting with investigators
• Negotiate with the prosecution
• Challenge any unconstitutional searches
• Work to get charges dismissed or reduced

Having a lawyer limits how aggressive investigators can be. They know they can’t steamroll you like they could without counsel present. Your attorney can also start building your defense right away.

Don’t Talk to Investigators Without Your Lawyer

You have the right to remain silent. Use it. Don’t say anything to federal agents without your lawyer present. Even if you’re innocent, what you say can be used against you.

Be polite, but firm you won’t answer questions without counsel. Don’t let them pressure or trick you into talking “off the record.” There’s no such thing. Ask them for their business card and say your attorney will contact them.

Assert Your Right to Counsel Immediately If Arrested

If you’re arrested, you have the right to have your lawyer present during questioning. Invoke that right immediately and unequivocally. Say you won’t answer any questions until your lawyer is present. Then say nothing else.

Don’t Destroy Evidence

Destroying evidence can lead to an obstruction of justice charge. Once you know about an investigation, stop any document shredding or deleting files. Your lawyer can issue a document hold notice to preserve relevant materials.

Conduct an Internal Investigation

Your company should hire outside counsel to conduct an internal investigation. This can uncover wrongdoing early and show the government you’re serious about compliance.[2] It may also give you leverage in negotiations.

Challenge Unconstitutional Searches

Your lawyer can challenge searches that violated your Fourth Amendment rights. If a search warrant lacked probable cause or was overly broad, evidence seized may be suppressed. This could cause charges to be dismissed.[1]

Negotiate a Favorable Plea Deal

Few white collar cases go to trial. An experienced attorney knows how to get you the best deal possible. They negotiate every day with federal prosecutors and know the typical sentencing ranges. With their guidance, you may be able to plead to a lesser charge or cooperate in exchange for leniency.

Explore Alternatives to Criminal Charges

For some financial crimes, your lawyer may be able to negotiate alternatives like deferred prosecution agreements. These allow you to avoid prosecution by paying fines, restitution, and meeting other conditions. Non-prosecution agreements are another option.

Carefully Consider Whether to Testify

Your attorney can advise you whether testifying is in your best interest. Not testifying is your constitutional right. In some cases, it’s better to exercise that right than risk cross-examination.

Develop a Trial Strategy

While settlement is usually the goal, your lawyer still needs a trial plan. They’ll determine the best arguments and witnesses to rebut the prosecution’s case. Having a strong trial strategy gives you more leverage in plea negotiations.

Explore Sentencing Options

If convicted, your lawyer can present mitigating factors to the judge advocating for leniency. They can also argue against enhancements that increase your sentencing range. The goal is to minimize any time behind bars.

Consider an Appeal

Appealing your conviction or sentence may be an option. Your lawyer can raise issues like insufficient evidence, procedural errors, or incorrect application of sentencing guidelines. Appeals must meet strict deadlines, so don’t delay discussing this with counsel.

Enlist an Experienced White Collar Team

Facing highly trained federal prosecutors requires top-notch defense attorneys. Look for a team with specific white collar experience. Check their track record getting charges dismissed or reduced. A robust team of partners, associates, and staff gives you the deepest bench.

Manhattan has some of the country’s best white collar defense firms. The Southern District of New York sees many high-profile financial crime cases. Firms here regularly handle complex securities, banking, money laundering, and RICO prosecutions.[5] Don’t settle for less than the best when your freedom’s on the line.

The Earlier You Act, the Better

Waiting to engage counsel only weakens your position. Assert your rights immediately and develop a proactive strategy. With an experienced white collar team on your side, you can protect yourself and work toward the best possible outcome.