Part 1 of the White Collar Crime Defense Series
Most people don’t realize they’re under investigation for a white-collar crime until federal agents begin making contact, employers request unusual records, or a subpoena arrives unexpectedly. By the time someone becomes aware of the investigation, law enforcement agencies have often spent months quietly gathering financial data, interviewing witnesses, reviewing emails, and analyzing digital records.
This early stage—before any formal charges—can be the most critical moment in the entire case. What you say, what you provide, and how you respond can profoundly influence whether charges are filed, what those charges are, and the strength of the government’s evidence. That’s why the very first step anyone should take is simple:
Talk to a criminal defense attorney before talking to investigators.
How White-Collar Investigations Begin
White-collar investigations can start from a variety of triggers, including:
- Employee or whistleblower complaints
- Internal audits that reveal financial discrepancies
- Suspicious activity reports (SARs) from banks
- Tax irregularities flagged by IRS-CI
- Tips provided to agencies like the SEC or FBI
Once a report raises suspicion, agencies may begin compiling evidence quietly. In many cases, agents already believe a crime has occurred long before they make direct contact with the target.
These investigations often involve multiple federal entities, including:
- FBI
- IRS Criminal Investigation
- Department of Justice (DOJ)
- Securities and Exchange Commission (SEC)
- Homeland Security Investigations (HSI)
Understanding which agency is involved can reveal a lot about what prosecutors might be building toward—and an attorney can interpret these signals early in the process.
Why Early Legal Representation Matters
Many people make the mistake of believing they can “clear up misunderstandings” by cooperating openly with investigators. Unfortunately, this often harms the individual more than it helps.
Early representation allows your attorney to:
1. Protect You From Accidental Self-Incrimination
Even honest, well-intentioned answers can be misinterpreted or used to build the prosecution’s timeline and theory of the case.
2. Manage Communications With Investigators
Federal agents are trained interrogators. Your attorney acts as the controlled conduit—ensuring clarity, protecting your rights, and preventing overreach.
3. Assess Your Exposure Before It Becomes Critical
An experienced defense lawyer can quickly evaluate:
- Whether you are a witness, subject, or target
- What potential charges could be forming
- Where weaknesses may exist in the government’s evidence
Understanding this early gives you strategic advantage.
4. Intervene Before Charges Are Filed
A skilled attorney may be able to:
- Present exculpatory evidence early
- Negotiate reduced charges
- Prevent charges entirely
- Limit the scope of the investigation
A surprising number of white-collar cases never make it to indictment when early intervention is handled correctly.
Common Mistakes People Make at This Stage
During an investigation, individuals often unintentionally worsen their situation by:
- Speaking to investigators without counsel
- Destroying or altering documents (even accidentally)
- Discussing the investigation with coworkers or friends
- Attempting to “explain” financial discrepancies
- Believing they are “not a target” simply because agents are friendly
These actions can create exposure where none existed before. A defense attorney prevents missteps and maintains control of the narrative.
What to Do If You Are Contacted by Investigators
If federal agents or regulatory officials reach out, here’s the safest approach:
- Stay polite but do not answer questions.
- Ask for their business cards.
- Notify them that your attorney will follow up.
- Contact a defense lawyer immediately.
This protects your rights and stops you from being guided into a conversation designed to gather evidence—not to help you.
How Simmons & Wagner Protects You During the Investigation
At Simmons & Wagner, our attorneys are trained to step in quickly and decisively. During the investigation phase, we help clients by:
- Communicating directly with federal agents on their behalf
- Reviewing subpoenas and evaluating the legality of requests
- Conducting a parallel investigation to challenge the prosecution’s narrative
- Strategically presenting evidence that may prevent an indictment
- Preparing clients for interviews—or preventing unnecessary interviews altogether
Most importantly, we work to control the direction of the case before it reaches the courtroom.
The Most Important Step Is the First One
The investigation phase is the moment where the future of your case is most malleable. Once charges are filed, options narrow—but early legal intervention can expand them dramatically.
If you believe you may be under investigation for a white-collar offense—or if agents have already contacted you—protect yourself immediately.
Your future depends on what you do next. Speak with a Simmons & Wagner defense attorney before taking another step.