These are investigations and charges that can also be referred to as “financial crimes”. These cases are typically investigated and prosecuted by state authorities or federal authorities. However, there are instances where both are involved. The biggest mistake is to delay or procrastinate hiring a criminal defense attorney. More often than not criminal prosecution can be avoided if counsel is involved the instant there appears to be a problem.
I have handled many cases in the automotive sales industry involving investigations by the California Department of Tax & Fees, Insurance issues (usually Workman’s comp issues), and “civil subpoenas” from any number of government agencies.
The most important thing is to get criminal counsel retained. Corporate counsel or “civil attorneys” don’t always know how these agencies work. For example, I had a case where the corporations civil attorney refused to allow the Board of Equalization to review documents beyond the statute of limitations. The response was to initiate a criminal investigation which would allow the investigation to go back further in time. If I had been involved from the beginning, I would have known this and taken actions to avoid a criminal prosecution. The client, as president of the corporation, was forced to spend time in jail, once I was involved in the case I was able to bail him out. The case resolved without any further jail time.
On the federal level, the first time anyone ever knows there is a problem is when there are agents at the door with a search warrant. The only thing to do is to cooperate, SAY ABSOLUTELY NOTHING, and call criminal defense counsel. If possible, I will come to the scene and talk with the investigators. Often times I am able to get a leg up on what the issues are and how to proceed strategically. If arrests are going to be effected, I am usually able to coordinate it, so that it is not as intrusive. I had a client call me when the FBI came to his company’s door. he was out of town. The indictment involved over 80 people, 79 of which were denied bail. My client was granted bond because I had him fly home overnight to turn himself in, as I was working with agents on the scene. He received bond because he engaged with me and trusted my advice. The case went on for over a year, and he was the only one who was not in custody throughout.
White collar cases are document intensive and usually very complicated. I know how to handle them and how to organize the defense so that the client receives the best defense possible. The results I have been able to obtain for my clients over the last several decades are a testament to the fact that I know how to navigate these waters and how to get the Client back to their lives.
The instant there is a problem call me. There is no stigmatization because “criminal defense counsel” is involved. It does not “look bad”, it looks smart.