Common White Collar Crimes and What to Do If You Are Being Investigated

 Posted on October 31, 2024 in White Collar Crimes

By Attorneys Jason Luczak and Nicole Masnica

White collar crimes are nonviolent crimes that usually involve financial losses and fraud. The term "white collar" refers to the white collars of button-down business shirts, because these types of crimes are often perpetrated in a commercial or business context. White collar crimes are sometimes high-profile cases involving known business and financial figures and public officials, who are accused of misappropriation of funds, deceiving or concealing information for monetary gain and other misconduct.

Although they are not violent offenses, white collar crimes can cause significant loss and carry serious consequences, including significant financial penalties, prison and jail time, whether the crimes stem from federal or Wisconsin law. At the same time, defendants in white collar cases also sometimes find themselves faced with parallel civil lawsuits seeking monetary compensation for the same alleged wrongdoing.  A more definitive list of federal white collar crimes and statistics compiled by the Federal Bureau of Investigation (FBI) can be found here.

The experienced attorneys at GRGB Law understand white collar crimes, their penalties and potential defenses. We have represented many individuals and public officials over the years, who were charged with misconduct in public office and other white collar crimes.

We often present before other attorneys on white collar crime topics, as well as general criminal defense issues. In October 2024, Attorney Raymond Dall'Osto made a presentation to the Inns of Court addressing public official immunity (qualified and absolute) defenses, and the impact of the landmark SCOTUS decision in Trump v. United States, 603 U.S. 593 (2024), which establishes absolute immunity defenses for the President, in criminal as well as civil claims.

Common White Collar Crimes

Fraud

There are many different types of fraud at the state and federal levels, all relating to deceiving another for personal gain. Wisconsin law has a whole category of crimes considered white collar which involve specifically fraud against financial institutions, including:

• Wire fraud against a financial institution

• Mail fraud

• Loan fraud

• Fraud against a financial institution

One type of federal fraud is securities fraud, a federal crime that makes it illegal to manipulate the federal markets or make misleading statements about financial instruments such as stocks and bonds.

Embezzlement 

The crime of embezzlement occurs when an individual steals or misappropriates someone else’s money for personal gain.

Antitrust Violations

Entering into agreements with competitors to fix prices or wages is a federal crime and a violation of the Sherman Antitrust Act. The Department of Justice (DOJ) prosecutes these types of crimes.

Campaign Finance Violations 

Submitting and creating false campaign finance reports and submitting them to the Federal Election Commission (FEC) is a crime.

Tax Evasion

Failure to pay your taxes is a federal crime with serious penalties. This can include not only failing to pay taxes but also misrepresenting income and losses and claiming false deductions.

Money Laundering

Money laundering involves making money obtained illegally appear legal.

Misconduct in Public Office

Misconduct in public office, as defined in Wis. Stat. §946.12(2), is committed by a public officer or employee who, in his capacity as a public officer or employee, does an act which he knows is in excess of his or her lawful authority or which he knows he is forbidden by law to do in an official capacity.  Before an accused public official or employee can be found guilty of the alleged offense, the State must prove at trial (and sufficiently allege facts in the complaint) all four elements.  See, Wis. JI-Crim 1731.

What to Do If You Are The Subject of a White Collar Crime Investigation

Generally, you will find out that you are the subject of a criminal investigation either if federal or state authorities contact you or if you receive a grand jury subpoena or what is called a target letter. As its name suggests, a target letter lets you know you are the target of a federal criminal investigation.  If you receive a subpoena, you need to immediately contact experienced defense counsel to interact with the government agents and prosecutors.

Hire an Attorney

Find and hire an experienced, aggressive attorney who will defend you.

Remain Silent

If you learn that you are being investigated, receive a subpoena or are approached by an investigator, do not speak to them without hiring an attorney first to ensure you do not incriminate yourself. Do not accept any deals or concessions from investigators without consulting with your attorney.

Do Not Destroy Evidence

This includes emails, text messages, and paperwork. Keep all evidence even if you would destroy it in the normal course of business. Identify such materials to your attorney.

Contact Our Milwaukee, WI White Collar Crime Defense Attorneys

The list of white collar crimes is long and the penalties are serious. If you believe you are being investigated for a white collar crime, you need an experienced, committed attorney who will fight for you against the prosecution. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI white collar crime lawyers know the law and can mount a strong defense in your case. Please view our outstanding list of attorneys experienced in defending white collar crimes and then contact us today at 414-271-1440 for a consultation and get the top-notch legal help you need.  

• Franklyn M. Gimbel s a founding partner at Gimbel, Reilly, Guerin & Brown.

• Thomas E. Brown is a former federal prosecutor and Of Counsel at Gimbel, Reilly, Guerin & Brown.

• Raymond M. Dall’Osto is a partner with Gimbel, Reilly, Guerin & Brown and focuses on white-collar and criminal defense in federal and state courts.

• Jason D. Luczak leads the criminal and white-collar defense team at Gimbel, Reilly, Guerin & Brown.

• Nicole M. Masnica is a partner and leader in the criminal, white-collar, and appellate defense team at Gimbel, Reilly, Guerin & Brown.

• Patrick J. Knight has over 30 years of litigation in the white-collar civil and criminal fields.

• Adam J. Schleis is an Associate with Gimbel, Reilly, Guerin & Brown.