If you’re accused of a white-collar crime, it’s important to know what you should and should not do to avoid making matters worse. This is particularly crucial if you have not been arrested yet and are only under investigation. You may unknowingly damage your case if you don’t get guidance on how to handle an investigation. Some simple steps can help ensure you protect your rights.
The first step you should take if you are informed of an investigation is to contact an attorney for assistance. While it may be beneficial to cooperate with investigators in some cases, you should not speak to investigators or respond to subpoenas without guidance from legal counsel. Your attorney can advise you whether to cooperate and what you should and should not say or do in order to avoid incriminating yourself or making statements that you are not sure are accurate.
A lawyer can also advocate for your position with investigators and mount legal challenges as needed during the investigation to help your case.
You have the right not to answer an investigator’s questions and should not respond to them without an attorney present for the reasons discussed above.
In addition, you should not speak to any third parties other than your lawyer about the specifics of your case. It may be tempting to reach out to others who may be contacted by federal agents, but those parties may already be talking to agents and giving them information. They may record your conversation with them or wear a wire, or the government may have tapped your phone. Statements you make to the individual could also be construed as intimidating a witness. The best thing to do is avoid talking to third parties without legal guidance.
Any statements made to the media, on your website or social media, or otherwise released to clients/customers, vendors, employees, or other members of the public should be vetted by your attorney. These can be held against you. You may also want your attorney or another representative to make the statement on your behalf.
Identify witnesses and documents relevant to your case. Develop a chronology of what occurred to guide your attorney through these events. Discuss your mindset during these activities. Many white-collar crimes turn on whether there was the requisite intent to commit a crime, so any evidence of your state of mind is important.
You cannot delete, destroy, discard, conceal, or alter evidence pertaining to a federal investigation, even if you have not yet been charged. This includes physical and electronic evidence. Doing this can get you charged with obstruction of justice. Furthermore, in many cases, the federal government can recover deleted data or reconstruct destroyed evidence.
Being accused of a white-collar crime is scary. If you are being investigated, contact our firm to learn how we can help protect your rights. We have extensive experience representing clients in a wide range of federal crimes, and can advocate for you at every stage, from investigation through trial and appeals.