White collar crimes are not the dramatic, high-profile affairs seen in Hollywood movies. Instead, they unfold behind closed doors—through financial records, corporate transactions, and emails—until one day, you receive a subpoena or federal agents knock on your door. If you believe you are the target of a white collar crime investigation, you need to act fast. These cases often involve months or even years of evidence gathering before charges are filed. By the time you learn you’re under investigation, law enforcement may already have a case against you.
At the Law Offices of Shawn M. George, APC, we help individuals accused of white collar crimes fight back with a strategic legal defense. In this blog post, we’ll address some basic questions individuals have about these offenses, including: What are white collar crimes? What does it mean if I’m being investigated for one? How can I defend myself from potential charges?
Understanding how the legal system handles white collar crimes can make all the difference in protecting your future.
What Are White Collar Crimes?
White collar crimes refer to non-violent, financially motivated offenses typically committed by business professionals, executives, or government officials. These offenses often involve deception by those in positions of trust or power who use their position for personal gain.
Some of the most common white collar crimes include:
- Fraud—intentionally deceiving others for financial gain, such as in securities fraud, healthcare fraud, or wire fraud;
- Embezzlement—misappropriating funds entrusted to an employee, business partner, or public official;
- Money laundering—concealing the origins of illegally obtained money by funneling it through legitimate businesses;
- Identity theft—stealing another person’s personal information to commit financial fraud;
- Bribery—offering or accepting money or favors in exchange for influence, often over decisions of official actors; and
- Tax evasion—illegally avoiding taxes by underreporting income or hiding assets.
White collar crimes carry severe penalties, including substantial fines, restitution orders, asset forfeiture, and prison sentences. The severity of the punishment often depends on the amount of money involved, the number of victims, and the person’s criminal history.
Why Is It Called White Collar Crime?
The term “white collar crime” was coined in 1939 to describe financial crimes committed by individuals in positions of power. Unlike “blue collar” crimes, which typically involve physical violence or direct confrontation, white collar offenses often take place in offices, financial institutions, or corporate settings.
While white collar crimes were historically associated with professionals, executives, and public officials, they can involve anyone accused of fraud, misrepresentation, or financial deception. Over the years, prosecutors have broadened white collar crime charges to include complex financial schemes and cyber-related offenses.
How White Collar Crimes Are Investigated
Law enforcement agencies investigate white collar crimes differently than traditional criminal offenses. Instead of relying on eyewitness testimony or physical evidence, they analyze financial records, digital communications, and transaction histories to uncover fraudulent activity.
The investigative process often involves:
- Government agencies. The FBI, SEC, IRS, and state law enforcement agencies conduct financial crime investigations.
- Search warrants & subpoenas. Officials often obtain suspects’ financial records, emails, phone records, and business documents.
- Forensic accounting. Experts analyze financial statements to detect discrepancies and hidden assets.
- Surveillance & wiretaps. In certain cases, law enforcement may monitor an organization’s or individual’s phone calls and electronic communications.
- Witness interviews. Prosecutors may compel employees or business partners to testify against the accused.
Because investigations can take months or even years, many individuals accused of white collar crimes do not realize they are under scrutiny until authorities issue subpoenas, conduct raids, or formally file charges. Consulting an attorney as soon as you suspect an investigation is crucial.
How White Collar Crimes Are Prosecuted
Once an investigation concludes, prosecutors must prove the accused engaged in intentional deception, misrepresentation, or financial misconduct in violation of state or federal law. This generally involves the following steps.
1. Filing Charges
Prosecutors file charges if they believe they have enough evidence to support a conviction at trial. Depending on the specific laws involved, charges may be filed at the state or federal level.
2. Grand Jury Proceedings
For federal felony cases, prosecutors may present evidence to a grand jury, which determines whether to issue an indictment. Defendants do not have the right to present a defense during this stage. If the charges are filed in state court, a grand jury may not be necessary.
3. Arraignment and Pretrial Hearings
Once charged, the defendant attends an arraignment, where they enter a plea of guilty, not guilty, or, in some cases, no contest. Pretrial hearings may involve motions to suppress evidence, plea negotiations, and other legal challenges.
4. Trial and Sentencing
If a plea agreement is not reached, the case proceeds to trial. The prosecution bears the burden of proving guilt beyond a reasonable doubt. They will present evidence such as financial records, expert witnesses, and electronic communications to try to establish guilt. If convicted, the defendant can be sentenced to serve prison time, pay fines, or make restitution payments to victims.
Defense Strategies Against White Collar Crime Charges
Facing a white collar crime charge does not mean conviction is inevitable. Several legal defenses may help reduce charges, secure a dismissal, or obtain an acquittal. Individuals facing these cases may build a defense based on:
- Lack of intent. Many financial crimes require proof of intentional fraud or deception. If the prosecution cannot prove intent, the case may be dismissed.
- Insufficient evidence. A strong defense can challenge weak or circumstantial evidence, highlighting inconsistencies in the prosecution’s case.
- Entrapment. If government agents pressured the defendant into committing a crime they would not have otherwise engaged in, entrapment may serve as a valid defense.
- Violation of rights. If authorities obtained evidence through illegal searches, coercion, or constitutional violations, a defense attorney can move to suppress that evidence.
Every white collar crime case is unique, and a customized defense strategy is critical to achieving the best possible outcome.
What to Do If You Are Under Investigation
If you suspect you are under investigation for a white collar crime, taking the following proactive legal steps can make a significant difference in your case.
1. Do Not Speak to Investigators Without an Attorney
Law enforcement may attempt to interview you under the guise of a routine inquiry. Anything you say can be used against you in court. Politely decline to answer questions until you have legal representation.
2. Preserve Important Documents
Destroying financial records or emails may lead to additional criminal charges. Instead, collect and organize documents that may support your defense.
3. Hire an Experienced White Collar Crime Attorney
An attorney can intervene early, negotiate with prosecutors, and challenge questionable evidence before formal charges are filed. The sooner you secure legal representation, the better your chances of achieving a favorable resolution.
Remember, every case is unique, and your situation may require additional or fewer steps.
Facing White Collar Crime Charges? Contact Us Today
White collar crime allegations can jeopardize your career, finances, and freedom. If you are being investigated or have been charged with a financial crime, you need a skilled legal advocate to protect your rights. At the Law Offices of Shawn M. George, APC, we have extensive experience defending clients against white collar crime charges in California. As a former district attorney, Shawn George understands the complexities of financial crime investigations and how to develop a tailored defense strategy to fight the allegations against you. Call our office today to schedule a confidential consultation and take control of your defense.