When the FBI Comes Calling…®

WHITE COLLAR CRIME

The term "white collar crime" was coined in the early 1940's by Yale sociologist Edwin Sutherland to refer to corporate wrong-doing. Today, white collar crimes typically refer to a type of crime committed by professionals using deception, as opposed to violent crimes that involve force. Examples of white collar crimes are mail fraud, wire fraud, bank fraud, securities fraud, public corruption, money laundering and conspiracy to commit those crimes. Depending on the type of crime, defendants face conviction of a felony, imprisonment up to thirty years without parole, and fines up to $250,000 or more.

A leading legal scholar writes in White Collar Crimes that "too often, incriminating evidence is elicited from the client based on a fear that noncooperation will automatically result in an indictment, or based on speculation that cooperation will be rewarded with an automatic letter of nonprosecution, immunity or just a corporate fine. Criminal investigators are trained to extract information. . . Too often, we hear 'What else was I to do, he was with the FBI,' or 'He threatened to subpoena all our business records for the last 10 years. . .'" Or, "I was afraid I would be fired." He continues, "Too often, we hear, 'Why do I need counsel? It has been years since the first subpoena was issued.' Then, 4 years and 360 days later, 5 days shy of the statute of limitations, the government indicts. . ."

If you are being investigated for a federal crime, McNabb Associates suggests that you politely refuse to answer questions until you can retain federal criminal counsel, and have your attorney present.