Defending Against White Collar Criminal Charges Toolkit | Practical Law

Defending Against White Collar Criminal Charges Toolkit | Practical Law

Resources to help defense counsel effectively represent clients being investigated by the US Department of Justice (DOJ) or charged with a federal crime. This Toolkit contains resources about specific white collar crimes, which focus on the elements of the offense, the government's tools to prosecute, the possible defenses, and the potential defense strategies and tactics for navigating a federal white collar criminal investigation or prosecution of that offense.

Defending Against White Collar Criminal Charges Toolkit

Practical Law Toolkit w-036-3779 (Approx. 7 pages)

Defending Against White Collar Criminal Charges Toolkit

by Practical Law Securities Litigation & White Collar Crime
MaintainedUSA (National/Federal)
Resources to help defense counsel effectively represent clients being investigated by the US Department of Justice (DOJ) or charged with a federal crime. This Toolkit contains resources about specific white collar crimes, which focus on the elements of the offense, the government's tools to prosecute, the possible defenses, and the potential defense strategies and tactics for navigating a federal white collar criminal investigation or prosecution of that offense.
The Department of Justice (DOJ) investigates individuals and entities it suspects violated federal criminal laws. If the DOJ prosecutes an individual or entity and obtains a conviction, the defendant may face, among other things, a large fine, probation, disgorgement, or restitution. An individual may also face a term of imprisonment.
The rise in criminal enforcement and potential penalties make it important for defense counsel to understand how best to handle a criminal investigation or prosecution. This Toolkit contains resources about specific offenses to help counsel defend a client being investigated or prosecuted for one of those offenses, including the elements the government must prove, the potential penalties, and the best practices to navigate the situation.
Where federal securities laws are at issue, the Securities and Exchange Commission (SEC) may also conduct a civil investigation. For a collection of resources to help counsel represent an individual or entity in all stages of the SEC's investigation and enforcement process, see SEC Enforcement Toolkit.