What to Do When Under Investigation for White-Collar Crime in Atlanta

If you’re under grand jury investigation for a white-collar crime in Atlanta, don’t appear before the grand jury and try to “explain things.” Many people use this approach, and it almost always fails. One judge said that a reasonable prosecutor could convince a grand jury to indict a ham sandwich. Complex white-collar criminal investigations don’t appear out of thin air, and a grand jury won’t dismiss them on a whim.

Instead, if you’re under investigation for a white-collar crime in Atlanta, speak with a criminal defense lawyer experienced in this branch of law. At Zimmerman & Associates, we scrutinize the state’s evidence, looking for tiny chinks in the armor. These shortcomings don’t matter much at the grand jury phase because the burden of proof is so low. But they matter a lot at trial. The burden of proof is beyond a reasonable doubt. Frequently, the state is unable to meet this burden of evidence and make its case, even if the defendant “did it.”

Possible Defenses

Our criminal defense lawyers in Norcross, GA, usually find procedural, substantive, and/or affirmative defenses in white-collar criminal matters. Extensive white-collar crime investigations, like Medicaid fraud investigations, consume a vast number of resources. As an investigation nears its end, investigators are eager to bring the case to a close. This often leads to procedural violations, mostly Fourth and Fifth Amendment violations.

To stay with the Medicaid fraud example, before investigators examine electronic or other records, they usually need search warrants based on reliable information. The uncorroborated word of an informant, especially a paid informant, usually isn’t trustworthy. Many people will say practically anything for love (leniency in another matter) or money (a cash payment).

Other times, investigators question people without first administering their Miranda rights. Police officers must read these rights to everyone, not just the targets of investigations. Everyone has equal rights under the law, at least theoretically.

Proving Intent

Criminal intent (mens rea) is usually the central issue in a white-collar crime case. It is also the most challenging element to prove. A medical coding error could be just that. It could be an innocent mistake. Repetitive, similar coding errors indicate intent. A memo or other directive from the boss requiring such conduct is proof positive of intent. However, such memos and other evidence are subject to the Constitutional protections discussed above.

Coercion is the most common affirmative defense in white-collar crime cases. Frequently, the same document that establishes intent also establishes coercion. Often, management issues subtle or overt threats about what happens to individuals who do not adhere to the company line, even if the company line is illegal.

Possible Resolutions

White-collar crime charges can be intimidating, but most of these charges are settled out of court. An out-of-court settlement is a sure thing as opposed to a risky trial. Furthermore, out-of-court settlements usually keep white-collar crime matters relatively quiet.

Felony-to-misdemeanor reductions are widespread in these cases. As outlined above, a white-collar crime case involves numerous complex elements. Rather than putting their evidence to the test, many prosecutors would rather agree to a charge-reduction plea bargain. For them, as for criminal defendants, a bird in the hand is worth two in the bush. The certainty of a misdemeanor conviction outweighs the possibility of a felony conviction.

In fact, one of the first recorded plea bargains in American history was a charge-reduction white-collar crime plea. In 1881, Albert McKenzie pleaded guilty to misdemeanor embezzlement in Alameda County, California. McKenzie had initially been charged with a felony for taking $52.50 from his employer at the sewing machine company.

Count on Our Dedicated Gwinnett County Attorneys

White-collar crimes have significant consequences. For a confidential consultation with an experienced white-collar crimes attorney in Norcross, contact Zimmerman & Associates, Attorneys at Law.