If you’ve been arrested and charged with a white-collar crime, or even if you learn that you’re being investigated for participating in or orchestrating one, it’s crucial to take it seriously. Even if you’re completely innocent of any wrongdoing, don’t assume that others may not try to pin their own illegal activities on you or that evidence may not wrongly implicate you.
Unlike many types of crime, evidence in white-collar crimes is often digital. Investigators may be relying on data that’s been tampered with or systems that have been hacked. This can make it more difficult to convince law enforcement officials – and ultimately a judge or jury – of your innocence.
Be cautious about search warrants
People who believe they have nothing to hide sometimes are willing to open up their homes and/or offices for searches by law enforcement. It’s critical to remember that unless there are some kind of exigent circumstances (for example, if they believe you’re in the process of shredding documents), officers or agents need a valid search warrant to search any premises and seize items.
You have the right to tell officers or agents to come back with a search warrant if they don’t have one. If they do, you have the right to see and review any search warrant to ensure that the name and location are accurate, that it’s signed by a judge and that neither the search nor any seizure of property exceeds the limits specified in the warrant. This can be critical to ensuring that illegally obtained evidence isn’t used against you.
Lying to “the Feds” can be a crime in itself
Most white-collar crimes are federal offenses. That means you may be dealing with federal agents, investigators and prosecutors. It’s crucial to know that lying to any of these representatives of the federal government can be a federal crime that typically carries up to a five-year prison sentence.
Not all lies to federal agents are generally prosecuted. The lie must be “material” or relevant to the case. The law states that someone commits an offense if they “knowingly and willfully … makes any materially false, fictitious, or fraudulent statement or representation.”
Even an accusation of a white-collar crime can damage your career or business and your reputation. A conviction can follow you for the rest of your life. That’s why it’s critical not to talk to any law enforcement authorities without experienced legal guidance to protect your rights and your interests.