White Collar Crime Lawyer: Your Guide to Defense and Legal Expertise

The term “white collar crime,” or looking for a white collar crime lawyer, often conjures images of Wall Street executives or corporate boardrooms. But the reality is far broader. These non-violent, financially motivated crimes can implicate small business owners, medical professionals, and public officials alike. When the federal government turns its gaze toward your financial dealings, the stakes are incredibly high

Facing federal charges is not like fighting a traffic ticket or a minor civil dispute. The Federal Bureau of Investigation (FBI), the IRS, and the Securities and Exchange Commission (SEC) have vast resources. They spend years building cases before an indictment is ever unsealed. If you find yourself in their crosshairs, you need more than a general attorney; you need a strategic partner who understands the nuances of federal statutes and the complexities of financial matters.

This guide breaks down common federal white-collar offenses, the defenses available to you, and the critical role a specialized lawyer plays in protecting your freedom and reputation.

Common White Collar Crimes and Their Statutes

Federal prosecutors have a wide array of statutes at their disposal. Each crime carries specific elements that the government must prove beyond a reasonable doubt. Understanding these charges is the first step in building a defense.

Mail and Wire Fraud

These are the “Swiss Army knives” of federal prosecution. They are used broadly because they cover almost any scheme to defraud that utilizes the mail or electronic communications.

• Statutes: 18 U.S.C. § 1341 (Mail Fraud) and 18 U.S.C. § 1343 (Wire Fraud).
• What Must Be Proven: The prosecution must show you devised a scheme to defraud someone of money or property and used the mail (USPS or private carriers) or interstate wire communications (email, phone, bank transfer) to execute that scheme.
• Penalties: Up to 20 years in prison per count. If the fraud affects a financial institution or involves presidentially declared disaster relief, the penalty jumps to 30 years and a $1 million fine.
• Statute of Limitations: Generally 5 years, though this can be extended to 10 years for crimes affecting financial institutions.

Embezzlement

Embezzlement differs from theft because the person charged had legal access to the funds initially but misappropriated them for personal use.

• Statute: 18 U.S.C. § 656 (Theft, Embezzlement, or Misapplication by Bank Officer or Employee). While there are various statutes depending on the victim (e.g., government property), this is a common one.
• What Must Be Proven: You must have been in a position of trust with lawful possession of the property, and you must have fraudulently converted that property for your own use with the intent to deprive the owner of it.
• Penalties: Fines up to $1 million and imprisonment for up to 30 years if the amount exceeds $1,000.
• Statute of Limitations: Generally, 5 years.

Insider Trading

This crime undermines the integrity of financial markets. It involves trading stocks or securities based on information the public doesn’t have.

• Statute: Securities Exchange Act of 1934, specifically Rule 10b-5.
• What Must Be Proven: The government must prove you bought or sold a security while in possession of “material, nonpublic information” and that you breached a fiduciary duty or a duty of trust and confidence by using that information.
• Penalties: Up to 20 years in prison and fines up to $5 million for individuals ($25 million for entities).
• Statute of Limitations: 5 years for criminal prosecution; the SEC has separate civil time limits.

Money Laundering

Money laundering is the process of making “dirty” money look “clean.” Prosecutors often tack this charge onto other underlying crimes.

• Statute: 18 U.S.C. § 1956 (Laundering of Monetary Instruments).
• What Must Be Proven: You must have conducted a financial transaction knowing the funds involved were the proceeds of unlawful activity, with the specific intent to promote that activity or conceal the nature/source of the funds.
• Penalties: Up to 20 years in prison and fines of up to $500,000 or twice the value of the property involved.
• Statute of Limitations: 5 years.

Tax Evasion

This is distinct from tax avoidance (which is legal). Evasion is the illegal non-payment or underpayment of taxes.

• Statute: 26 U.S.C. § 7201.
• What Must Be Proven: An affirmative act to evade or defeat a tax, a tax deficiency (you actually owed money), and—crucially—willfulness. Making a mistake on your taxes is not a crime; doing it on purpose is.
• Penalties: Up to 5 years in prison and fines up to $100,000 ($500,000 for corporations).
• Statute of Limitations: 6 years.

Legal Defenses to White Collar Crimes

When you hire a seasoned white collar crime lawyer, they don’t just look at the charges; they look for the cracks in the government’s case. Here are some primary defense strategies.

Lack of Intent

Most white collar crimes are “specific intent” crimes. This means the prosecutor cannot just prove you did something wrong; they must prove you intended to break the law or defraud someone. If your lawyer can show that you acted in good faith, made an honest mistake, or were simply negligent rather than criminal, the charges may not stick.

Entrapment

This defense applies if law enforcement induced you to commit a crime you otherwise wouldn’t have committed. This often comes up in sting operations. However, if the government can prove you were “predisposed” to commit the crime anyway, this defense becomes difficult to use.

Insufficient Evidence

Federal cases are complex, involving thousands of documents and digital records. Sometimes, the government overreaches. A skilled defense team can argue that the evidence provided does not meet the high burden of “beyond a reasonable doubt.” If they can poke holes in the paper trail, the case may crumble.

Procedural Errors and Constitutional Violations

Did the FBI execute a search warrant without probable cause? Did investigators interview you without reading your Miranda rights while you were in custody? If your constitutional rights were violated during the investigation, your lawyer can file motions to suppress evidence. If the key evidence is thrown out, the case often goes with it.

Reliance on Professional Advice

In complex financial or tax cases, a defendant often relies on accountants or lawyers. If you fully disclosed all relevant facts to a professional and acted on their advice in good faith, you may have a valid defense against claims that you “willfully” violated the law.

Experts to Retain for Your Defense

A white collar crime lawyer rarely works alone. To match the government’s resources, your defense team will need to bring in outside experts. These professionals provide the technical analysis needed to challenge the prosecution’s narrative.

Forensic Accountants

These are the detectives of the financial world. When the government claims you embezzled funds or cooked the books, a forensic accountant traces the money. They can reconstruct financial records, identify errors in the prosecution’s math, and demonstrate that funds were used legitimately.

IT and Cybersecurity Specialists

In an era of wire fraud and cybercrime, digital evidence is king. IT specialists can analyze hard drives, email servers, and metadata. They can prove that you didn’t send a specific email, that a document was altered after you signed it, or that access logs show someone else was using your credentials.

Industry-Specific Consultants

White collar crime often occurs in highly regulated industries like healthcare or securities. A jury likely won’t understand Medicare’s complex billing codes or the nuances of options trading. Industry consultants serve as expert witnesses who can explain standard business practices to the jury, showing that your actions were within the norm for your field.

Handwriting and Document Experts

Even in a digital age, signatures matter. If a case hinges on a forged check or a contract you claim you never signed, a document examiner can analyze handwriting, ink, and paper to determine authenticity.

Our White Collar Crime Lawyer Team

Mirriam Z. Seddiq and Justin Eisele bring nearly fifty years of combined legal experience to the defense of individuals and organizations facing white collar charges. Our white collar crime lawyer team routinely handles complex white collar crime cases in the federal courts of Maryland, Washington, DC, New York, Arkansas, and Virginia. In addition to defending clients at trial, we are highly experienced in handling white collar criminal appeals, ensuring our clients receive skilled representation at every stage of the legal process.

Conclusion

The moment you suspect you are under investigation is the moment you should seek counsel. Waiting for an indictment often means losing valuable time that could be used to negotiate with prosecutors or preserve critical evidence.

We answer calls 24/7. We know our clients don’t control when those agents will knock on the door. Call us at 301.513.7832. Or, you can complete our secure intake form here. Once completed, one of our attorneys will call you within twenty minutes.