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White collar crime covers non-violent, financially motivated offenses involving deception, breach of trust, or concealment. In Brooklyn - which is Kings County within New York City - these cases can be charged under New York state law or under federal law, depending on the facts. Common federal charges include wire fraud, mail fraud, bank fraud, money laundering, tax evasion, and obstruction of justice. State-level charges often involve larceny, forgery, identity theft, and related fraud statutes under the New York Penal Law.
Prosecutions in Brooklyn can be brought by the Kings County District Attorney for state crimes, or by federal prosecutors in the United States Attorney's Office for the Eastern District of New York for federal crimes. Regulatory agencies and civil enforcement authorities, such as securities or banking regulators, may also investigate and impose administrative or civil penalties. Because white collar matters frequently involve complex financial records, multiple jurisdictions, and civil or regulatory consequences in addition to criminal exposure, they require careful legal strategy.
White collar matters are document-heavy, fact-intensive, and often involve parallel criminal, civil, and administrative proceedings. A lawyer is important in many situations, including:
- If you are under criminal investigation or you receive notice that you are a target or subject of an investigation.
- If law enforcement or a regulator seeks documents or issues a subpoena, grand jury subpoena, or search warrant.
- If you are contacted for an interview by local, state, or federal investigators, or if you are asked to provide a statement.
- If you receive a formal charge, indictment, or information in state or federal court.
- If you face potential asset forfeiture, regulatory sanctions, license revocation, or civil claims related to the same conduct.
- If you are a corporate officer, director, or employee who may face reputational harm, employment consequences, or obligations to report to licensing boards.
Early legal representation can protect your rights, limit the scope of information you provide to investigators, help preserve and organize records, evaluate potential defenses, negotiate plea offers, or seek alternatives such as deferred prosecution agreements. A lawyer can also coordinate defense across criminal, civil, and administrative tracks.
Key legal features relevant to white collar crimes in Brooklyn include jurisdictional rules, substantive statutes, investigative tools, and court procedures.
- Jurisdiction - Brooklyn matters can be prosecuted by the Kings County District Attorney under New York Penal Law, or by federal prosecutors in the Eastern District of New York. Federal charges often arise when interstate communications, banks, or federal programs are involved.
- Substantive state offenses - New York law prosecutes larceny, grand larceny, forgery, identity theft, scheme to defraud, and related crimes. Penalties vary by degree and value of loss, and felony convictions carry significant prison exposure and collateral consequences.
- Substantive federal offenses - Federal statutes frequently used include wire fraud, mail fraud, bank fraud, securities fraud, money laundering, tax evasion, and conspiracy. Federal cases are governed by federal sentencing rules and the United States Sentencing Guidelines, which influence potential penalties.
- Investigative powers - Authorities may use grand jury subpoenas, search warrants, subpoenas to third parties for bank or business records, and cooperation requests to witnesses. Electronic evidence and financial records are central in these investigations.
- Asset forfeiture and restitution - Both state and federal systems permit seizure of assets connected to criminal activity and may require restitution to victims. Civil forfeiture and criminal forfeiture procedures differ in burden and timing.
- Plea bargaining and alternatives - Prosecutors typically offer plea agreements in both state and federal cases. Federal and some state prosecutors also use deferred prosecution agreements or non-prosecution agreements in appropriate cases. Cooperation can significantly affect sentencing and resolution.
- Court structure and practice - In New York, felony prosecutions often proceed to the Supreme Court of the county after indictment, while federal cases are heard in the United States District Court for the Eastern District of New York. Brooklyn has experienced federal courts and state courts with specialized calendars for complex cases.
White collar crimes generally include fraud, embezzlement, bribery, forgery, identity theft, money laundering, tax evasion, and similar offenses motivated by financial or commercial gain. Whether charged under state or federal law depends on factors like the victims, the use of interstate communications, or federal interests.
Federal prosecutions are brought by the United States Attorney and often involve federal statutes such as wire fraud or money laundering. State prosecutions are brought by the Kings County District Attorney and rely on New York Penal Law. Federal cases may carry longer prison sentences and involve different procedural rules, including grand jury practice and federal sentencing guidelines.
Do not answer substantive questions without a lawyer present. You have the right to remain silent and the right to counsel. Politely decline to speak and consult an experienced criminal defense attorney before giving any statements or producing records.
No. Many investigations proceed for months or years and may result in no charges, civil enforcement, or a settlement. Arrests typically occur after prosecutors decide to charge and in certain circumstances to prevent flight or preserve evidence. Still, you should treat any contact seriously and seek counsel early.
Yes. Corporations and other entities can face criminal charges, civil penalties, fines, and debarment from government contracts. Individual officers or employees may also face personal liability. Corporate counsel should involve criminal defense lawyers early when misconduct is possible.
Penalties range from fines and restitution to lengthy prison sentences, depending on the charge and jurisdiction. Federal sentences are often guided by the United States Sentencing Guidelines. Convictions also carry collateral consequences like loss of professional licenses, immigration issues for non-citizens, and reputational damage.
Asset forfeiture allows government authorities to seize property tied to criminal activity. Criminal forfeiture occurs after conviction. Civil forfeiture can occur without a criminal conviction in some situations. Challenging forfeiture requires specialized legal strategy and often prompt action to protect legitimate assets.
Sometimes. Prosecutors may offer deferred prosecution agreements or non-prosecution agreements in exchange for cooperation, restitution, or corporate reforms. Eligibility depends on the facts, the value of cooperation, prior history, and prosecutorial discretion.
There is no fixed timeline. Investigations can last months to years. If charges are filed, pretrial proceedings, discovery, motions, and trial preparation add more months or years. Federal cases with complex financial evidence often take longer than straightforward state cases.
Look for criminal defense counsel with specific white collar experience, familiarity with federal and Kings County practice, and experience handling parallel civil or regulatory matters. Ask about trial experience, experience with cooperating witnesses, negotiation of agreements, and relationships with local courts. Consider clear fee structures and whether the lawyer has access to forensic accountants or other experts.
Helpful organizations and government bodies to know about include:
- Kings County District Attorney's Office
- United States Attorney's Office - Eastern District of New York
- Federal Bureau of Investigation - local field office
- Internal Revenue Service - Criminal Investigation
- Securities and Exchange Commission - Enforcement Division
- Financial Industry Regulatory Authority
- New York State Attorney General - Criminal and Civil Enforcement Divisions
- New York State Department of Financial Services
- New York State Bar Association and local Brooklyn bar associations for lawyer referral services
- Public defender and federal defender offices for individuals who cannot afford private counsel
If you are facing a possible white collar investigation or charge in Brooklyn, take the following steps:
- Preserve records - Do not delete or alter documents, emails, phones, or accounting records. Litigation and criminal penalties for destruction of evidence are serious.
- Do not speak to investigators without a lawyer - Invoke your right to counsel and remain silent until you have legal representation.
- Consult an experienced white collar defense lawyer promptly - Obtain an initial consultation to assess exposure, strategy, and potential defenses. If cost is a concern, ask about payment plans or public defender eligibility.
- Gather basic information - Prepare a timeline, a list of witnesses, and a description of documents or electronic evidence that may be relevant to the matter.
- Consider forensic help - In many cases, digital forensics, accounting experts, or compliance specialists are necessary to analyze records and craft a defense or mitigation plan.
- Plan for collateral issues - Address potential employment, licensing, immigration, and civil liabilities early, since these can affect choices about cooperation and plea decisions.
- Stay informed and cooperative with counsel - Follow your lawyer's guidance, attend appointments, and provide full, honest information so they can represent you effectively.
White collar matters can be complex and carry significant consequences. Acting quickly to preserve rights, retain capable counsel, and develop a coordinated legal strategy is the best way to protect your interests in Brooklyn and beyond.
