White Collar Defense

White Collar Crime sounds as if it is only a problem that big companies face. This is a crime that is associated with Bernie Madoff, Enron, and Big Banks. Small businesses usually are not in the news with accusations of white collar crime. However, white collar crime allegations are increasingly a problem that small businesses and even individuals face. The term itself defines any illegal conduct that is committed in a business setting.

Prosecutors are gradually looking more closely at small business and beginning to investigate the way small business owners' conduct their operations. With constantly changing and already complex government regulations, even individuals that think they are within the confines of the law - may find themselves under attack. A small business owner or individual should consult with an attorney on a regular basis to keep themselves up to date on the ever changing business law landscape. Often, obtaining a lawyer in a timely manner can prevent an investigation from taking place, or shutting it down in the early stages.

The main characteristic of all white collar crime is that the alleged illegal conduct happens for financial gain or to advance business interests. In a small business context a white collar investigation is most likely to go after the following indiscretions:
  • Fraudulent record keeping
  • Bribery
  • Extortion
  • Theft
  • Tax Evasion
  • Embezzlement
  • Credit Card Fraud
  • Forgery
  • Bankruptcy Fraud
  • Other types of fraud (insurance fraud, fraudulent documentation, etc)
As seen from the above list, white collar crime has a broad definition. Because of this, prosecutors and those going after the business have a significant discretion in deciding who to prosecute and for what. In a small business, like in any business, many people can be held liable including the business itself. Furthermore, the owner and the business can even be held liable if the violation occurred because of an employee. If you suspect that an employee is doing something that may be harmful to you or your business - do not hesitate to call an attorney. If an investigation of your business is launched, immediately contact an attorney to deal with communication with the authorities. Not doing so immediately puts you at risk of unknowingly incriminating yourself.

Being charged with a white collar crime is likely to have extremely serious and significant personal ramifications as well as be devastating to the small business through monetary penalties and/or injunctions. An attorney is vital to protect not only the personal interests, but also the interests of the business. You will need an attorney that is proactive in the defense of the business and will have the resources to develop a strategy for success to protect the personal and the business interests. At our firm, you will be closely involved in developing such a strategy. You will also have attorneys that are willing to conduct their own investigation and gather all of the evidence to combat the significant resources of those trying to prosecute you. Our attorneys are also uniquely knowledgeable with the latest technology and can quickly and efficiently familiarize themselves with your business. They can also use this technological know-how to uncover vital information and save you money in defending against unwarranted charges.