Best White Collar Crime Lawyers in White Plains
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Find a Lawyer in White PlainsAbout White Collar Crime Law in White Plains, United States
White collar crime refers to non-violent, financially motivated offenses committed by individuals, businesses, or public officials. Typical examples include fraud, embezzlement, money laundering, tax evasion, securities violations, bribery, identity theft, forgery, and health-care fraud. In White Plains, New York, white collar matters can be prosecuted at the state level by local law enforcement and the Westchester County District Attorney, at the state oversight level by the New York State Attorney General, or at the federal level by agencies such as the U.S. Attorney for the Southern District of New York, the FBI, the IRS Criminal Investigation division, and federal regulators like the SEC.
Local courts handle many pretrial and misdemeanor matters, while more serious felony prosecutions are handled in Westchester County trial courts or New York State Supreme Court in the county. Federal cases arising from the same facts are litigated in federal court, typically in the Southern District of New York. Because white collar cases often involve complex financial records, long investigations, civil claims, regulatory scrutiny, and potential professional-disciplinary consequences, they require a specialized legal response.
Why You May Need a Lawyer
There are several common situations in which you should consult or retain a lawyer if you are facing a white collar issue in White Plains:
- You are the target of an investigation by local police, the Westchester County District Attorney, the New York State Attorney General, the FBI, IRS-CI, or a federal regulator.
- You received a subpoena, summons, grand jury notice, search warrant, or federal tax notice related to your business or personal finances.
- You or your business have been charged with fraud, embezzlement, money laundering, securities violations, tax crimes, or related offenses.
- You are negotiating with prosecutors about cooperation, a plea offer, or pre-indictment resolution.
- You face parallel civil litigation, regulatory enforcement, or professional-license investigations tied to the same conduct.
Early representation matters. A lawyer can preserve privilege, respond to subpoenas, contest improper searches, negotiate with prosecutors, limit the scope of disclosure, develop defense strategies, handle media and reputational issues, and coordinate defense across criminal, civil, and regulatory fronts.
Local Laws Overview
State and federal law both apply to white collar crime in White Plains. Key points to understand:
- Jurisdiction: State crimes are prosecuted by local or county prosecutors. White Plains incidents typically fall under Westchester County jurisdiction for state charges. Federal offenses are prosecuted by the U.S. Attorney for the Southern District of New York.
- Types of charges: Common state charges include fraud, larceny, forgery, and related offenses under New York Penal Law. Federal charges commonly include wire fraud, mail fraud, tax evasion, money laundering, bank fraud, securities fraud, and conspiracy offenses under federal statutes.
- Penalties: Penalties vary widely by offense and level. Sentences can range from fines and probation to lengthy prison terms, restitution orders, and asset forfeiture. Federal sentences often carry substantial prison terms and mandatory restitution rules. New York sentencing ranges similarly depend on classification of the offense.
- Investigation and charging process: White collar investigations are often lengthy and document-heavy. State prosecutions may involve grand juries and indictments. Federal prosecutions always use grand juries for felonies. Pre-indictment investigations, subpoenas for records, and interviews are common.
- Civil and regulatory overlap: Many white collar matters have civil consequences such as private lawsuits, SEC enforcement, tax assessments, debarment from government contracts, and disciplinary action by licensing boards. Criminal defense strategy commonly must account for these parallel risks.
- Corporate and individual liability: Businesses can be charged and suffer fines or debarment. Executives, employees, and third parties can be individually prosecuted. Corporate compliance programs, internal investigations, and counsel are often critical to manage exposure.
- Statutes of limitations and discovery: Time limits for bringing charges differ by offense and jurisdiction. Evidence preservation obligations and potential forensic accounting review are central to both prosecution and defense.
Frequently Asked Questions
What qualifies as a white collar crime?
White collar crimes are non-violent offenses committed for financial gain. They typically involve deception, breach of trust, or misuse of a financial position. Examples include fraud, embezzlement, tax evasion, money laundering, securities violations, and related offenses.
What is the difference between a state charge and a federal charge?
State charges are brought by county or state prosecutors under state law and typically address violations of New York Penal Law. Federal charges are brought by the U.S. Attorney’s Office under federal statutes. Federal cases tend to carry broader investigatory tools, potentially stiffer penalties, and different procedural rules.
I received a subpoena for business records - what should I do?
Do not destroy or alter documents. Preserve records and contact an attorney immediately. An attorney can review the subpoena, advise whether there are grounds to object or narrow the request, and coordinate a response that protects privilege where applicable.
What happens if law enforcement seeks to search my office or home?
If presented with a search warrant, officers generally may execute it. Try to remain calm, do not interfere, and note what is being seized if possible. If law enforcement requests consent to search without a warrant, politely refuse and request to speak with an attorney. After a search, your lawyer can move to suppress improperly obtained evidence.
Can my company be charged for an employee’s misconduct?
Yes. Corporations and other entities can face criminal charges, fines, civil penalties, and debarment for employee misconduct, especially if there was inadequate compliance or oversight. A corporate defense often involves internal investigations and coordination with counsel to mitigate exposure.
How long can an investigation last?
White collar investigations can last months or years depending on complexity, number of witnesses, and interagency coordination. Federal investigations often proceed slowly as prosecutors gather financial records and testimony. During a long investigation, legal counsel can engage with investigators or pursue protective measures.
Are plea bargains common in white collar cases?
Yes. Many white collar cases resolve through negotiated pleas or cooperation agreements. Plea deals may reduce sentencing exposure, eliminate certain charges, or include recommended sentencing factors. Whether to accept a plea depends on the evidence, exposure, and long-term consequences.
Will a criminal investigation become public?
Some aspects of investigations and charges are public once filed. Grand jury proceedings are typically secret, but arrests, indictments, and court filings become public records. White collar matters often generate media and client-confidentiality concerns that counsel can help manage.
Can evidence obtained improperly be suppressed?
Potentially. Courts may exclude evidence obtained in violation of constitutional rights, such as unlawful searches or coerced statements. Whether suppression is possible depends on the facts and applicable law. A skilled attorney will evaluate grounds to challenge evidence.
What are the risks to my professional license or business contracts?
Convictions or allegations can trigger disciplinary investigations by licensing boards, suspension or revocation of professional licenses, and breaches of contract or vendor disqualification. Even unproven allegations can harm reputation and business relationships. Early counsel can work to limit collateral consequences.
Additional Resources
- Westchester County District Attorney's Office - local state-level prosecution of crimes in White Plains.
- White Plains Police Department - local law enforcement agency that may investigate allegations and refer cases to prosecutors.
- New York State Office of the Attorney General - handles statewide investigations and certain civil enforcement actions.
- U.S. Attorney’s Office for the Southern District of New York - prosecutes federal crimes arising in White Plains and Westchester County.
- Federal Bureau of Investigation - investigates financial crimes, public corruption, and related federal offenses.
- IRS Criminal Investigation - investigates tax fraud and related financial crimes.
- Securities and Exchange Commission regional offices - pursue securities fraud and civil enforcement against companies and individuals.
- Westchester County Bar Association and New York State Bar Association - resources to find experienced criminal defense and white collar attorneys.
- Local legal aid clinics and public defender offices - for qualifying individuals who cannot afford private counsel.
Next Steps
If you are facing a potential or actual white collar matter, consider the following practical steps:
- Stop any further actions that could be interpreted as destroying or altering evidence. Preservation is critical.
- Do not speak to investigators without legal counsel present. Exercise your right to remain silent and request an attorney.
- Contact an attorney who specializes in white collar defense, federal practice, or the specific regulatory area involved. Ask about their experience with similar cases and with the relevant local or federal offices.
- Gather and preserve relevant documents and a list of potential witnesses. Provide these materials to your lawyer for a careful internal review and forensic preservation if needed.
- If your employer is involved, notify appropriate corporate counsel and consider whether an independent internal investigation is necessary to protect privilege and manage exposure.
- Discuss with counsel the options for cooperation, plea negotiation, or aggressive defense, and the potential civil and professional consequences of each path.
- Plan for short-term practical needs: bail or release conditions if arrested, employment and reputation management, and financial planning for fines, restitution, or defense costs.
Important note - this guide provides general information only and is not legal advice. Every situation is different. Consult a qualified attorney promptly to evaluate your specific circumstances and protect your rights.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.