In the United States,
white collar prosecutions are on the rise. Now more than ever, executives need to avoid
behaviors that can – even inadvertently – result in a federal
criminal investigation. Although every case has its own set of unique
circumstances, each shares similarities as far as origins and causes.
The following are several ways to protect yourself from being accused of
a white collar crime:
As soon as you hear the corporate Miranda warning, obtain legal representation
you’re your own attorney. Remember, communications between executives of the company and company
legal counsel often benefit the company, not the employee. So if government
investigators make their presence known, the company alone will choose
whether those conversations are treated as privileged. It is imperative
to consult with your own attorney.
Your emails can be used against you. Every e-mail you send is preserved somewhere and can be assessable to
the government. Delicate subjects should always be handled through face-to-face
interaction or through telephone.
An attempted cover-up is much worse than the alleged crime itself. A failed cover-up attempt typically becomes the prosecution’s primary
focus since it is much easier to prove than the crime. Prosecutors will
argue that the defendant knew about his or her wrongdoings because they
tried to cover it up by either destroying evidence, contacting people
to fabricate alibis, or lying about their actions.
Remember you are responsible for accounting. Do not assume that since you are not responsible for accounting, you cannot
be charged with accounting fraud. Prosecutors often argue that management
either deceived or pressured accountants into committing fraudulent acts.
So if accounting decisions are critical to the success of your company,
ensure that you obtain guidance from experts on what information must
be disclosed to the accountants and auditors.
Contact our Mesa criminal defense lawyers at (480) 418-0776 for more information.