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.