WHAT IS A WHITE COLLAR CASE?

Most white-collar cases begin with an investigation by one or more federal agencies, whether it be the FBI or the SEC.

The investigators have subpoena power and unlimited investigative resources. They can get any document, any time. They will build a case and take it to a federal prosecutor.

The government's team is helped by a Grand Jury, a group of 16 to 23 citizens empowered to subpoena individuals to appear before them in order to answer questions or turn over documents. The grand jury also issues indictments. All individuals coming into the orbit of the prosecutor and grand jury fall into one of three categories: witness, subject or target.

A target is someone who has a better than average chance of being charged with a crime. Once a person has been named as a target, the A.U.S.A. has decided that the person is guilty and will use the Grand Jury to root out strong enough evidence to indict.

A witness is not under any suspicion, as yet, but just has information of interest to a grand jury.

A subject is somewhere in between a target and a witness. He has engaged in conduct that appears suspicious, but the A.U.S.A. is not sure he can prove it a crime and wants to search further through investigation.

If you have learned that you are the target, subject or a witness of a federal investigation, don't get bogged down by the label. Contact William Weinberg. The AUSA can change that label anytime he or she wants.

Even if you testify as a witness, you could still be prosecuted, depending upon your testimony. A witness appearing before the grand jury or in front of an FBI agent exposes himself to prosecution, unless he or she testifies under some additional form of protection such as use or transactional immunity. So, from the beginning, you must plan your strategy on a realistic assessment of your potential criminal liability, instead of relying on the verbal promises offered to you by an Assistant United States Attorney.

You and your attorney must quickly assess a variety of factors. You must be completely honest with your attorney and map out a strategy to obtain the best possible result. That may include trial or your cooperation in an ongoing investigation, depending on the scope of your involvement and the size of the investigation.

Regardless, do not talk to anyone about any aspect of the case. Everyone is a potential witness against you and the federal government doesn't care whether they damage long-standing personal friendships in the process. Further, never destroy any documents or electronic mail. Federal agents will search computers if they believe they contain evidence. They can determine if documents have been destroyed, altered or even copied from a computer. Talk to a professional and have a strategy in place before taking the next step.

William Weinberg defends against all of the following charges:

• Accounting fraud charges
• Bribery, extortion, and racketeering
• Computer hacking, cyberspace and Internet crimes
• Conspiracy
• Counterfeiting and forgery
• Embezzlement
• Health care and insurance fraud
• Kickbacks
• Mail fraud
• Medicare fraud
• Money laundering
• RICO crimes
• Securities and tax fraud
• Terrorist threats and hoaxes
• Wire Fraud
• Wiretapping