Whether it is purchasing a home, investing in a business, or making a financial decision, most people want to be sure that they know what they are getting into. It is often referred to as due diligence. For individuals or companies charged with regulatory offenses, proving that all reasonable care was taken to avoid committing an offense is a crucial defense.
The risk of a white-collar criminal investigation or regulatory inquiry threatens your business, people, and reputation. Whether you are being investigated or facing allegations, you need experienced counsel to assess and react swiftly. Legal due diligence is often performed before a merger, acquisition, licensing deal, or other business transaction. Conducting legal due diligence in this context can help avoid costly surprises later on, such as discovering compliance risks or regulatory issues that could derail a deal. A team of defense consultants has extensive experience handling complex, multi-defendant investigations and high-stakes civil and criminal litigation.
White-collar crimes are often based on evidence of financial transactions, so it is crucial to build an experienced team that can understand the importance of this type of evidence. Having an attorney who can understand the impact of digital forensics, analyze these records, and find inconsistencies within them can make a significant difference in the case’s outcome. Additionally, it is essential to know whether the lead lawyer’s services are billed hourly or as an inclusive package. It will allow you to understand the level of experience the lawyer brings and how this aligns with your needs and budget.
Defense consultants have extensive experience representing companies and individuals in defending against federal criminal charges, grand jury investigations, and regulatory enforcement proceedings brought by the FBI, SEC, U.S. Department of Justice, HHS Office of Inspector General, and the U.S. Food and Drug Administration, among other agencies.
Achieving deterrence requires a clear understanding of the cost-benefits associated with white-collar crime. Directed communication regularly can help individuals understand that the costs of criminal activity significantly outweigh any benefits. The severity of punishment is also essential, as it reflects both the harm caused by the crime and a community’s disapproval. Judges must consider deterrence when imposing sentences and punish white-collar criminals harshly to prevent future misconduct. Developing a criminal case against a senior executive can be difficult and time-consuming. During that time, the individual may use multiple techniques to neutralize the evidence and protect themselves. These include denying the victim the “everybody else is doing it” technique and criticizing the motives of those who seek to prosecute them. These strategies can be particularly effective for wealthy or upper-class criminal offenders who understand the difference between legal and illegal conduct. Nonetheless, the overall effectiveness of criminal deterrence is still essential for society.
The success of any law enforcement effort to combat white-collar crime and related abuses depends mainly upon the vigor of the agency’s detection capabilities. In contrast to the comparatively simple theft committed by the pickpocket, in which criminal intent is evident, in most cases, white-collar offenders operate through deception, which throws a smokescreen over their crimes and makes proof of their intentions much more difficult. It’s true because, unlike the overt implementation of a common crime, such as an assault, a fraudster must induce his victim to undertake a voluntary act for the scheme to be successfully executed. Therefore, those with detection and enforcement responsibilities must clearly define white crime, including disguise, reliance, and concealment. Understanding how white crime differs from other violations that may not qualify for criminal prosecution but require a civil, regulatory, or administrative response is critical.