You should engage counsel at the earliest indication of an investigation—ideally before being contacted by law enforcement or receiving a subpoena. Early warning signs include colleagues being interviewed, unusual audit requests, or receipt of target letters. Early representation allows counsel to gather information, develop strategy, and potentially interact with investigators before positions harden. This proactive approach often creates opportunities to shape the investigation's direction, correct misconceptions, or negotiate favorable resolutions before charges are filed. Once charges are filed, your defense options become more limited and reactive.

No, you should not speak with investigators before consulting with counsel. While investigators may suggest cooperation is in your best interest, unrepresented conversations with law enforcement create substantial risks. Even truthful statements can be misinterpreted or taken out of context. More concerning, in white collar investigations, statements that appear innocuous to you might be viewed as misleading or false by investigators with different information, potentially leading to additional charges like obstruction or false statements. Your attorney can establish appropriate channels for any necessary communication with investigators while protecting your legal interests.

These designations reflect your status within a federal investigation. A "subject" is someone whose conduct falls within the scope of the investigation but who is not currently considered likely to be charged. A "target" is someone against whom prosecutors believe they have substantial evidence linking them to the commission of a crime and who is likely to be charged. While subjects can become targets as investigations progress, the initial designation provides important information about your potential exposure. Your attorney can sometimes negotiate with prosecutors to maintain subject status or even move from target to subject status through strategic cooperation or presentation of exculpatory evidence.

In federal white collar cases, sentencing guidelines are heavily influenced by the calculated "loss amount" attributed to the alleged fraud or financial crime. This calculation can dramatically impact sentencing ranges, with higher loss amounts leading to substantially increased guidelines. However, after the Supreme Court's Booker decision, these guidelines are advisory rather than mandatory. Experienced counsel can challenge loss calculations and present mitigating factors that justify below-guidelines sentences. In state cases, Michigan's sentencing guidelines similarly consider financial impact, but courts have greater discretion. In both systems, effective advocacy regarding loss calculations and mitigating circumstances can significantly impact sentencing outcomes.

White collar matters frequently involve simultaneous criminal, civil, regulatory, and administrative proceedings, creating complex strategic considerations. Statements or positions taken in one forum can impact others, sometimes in unanticipated ways. For example, testimony in a civil deposition could be used in a criminal case, or civil settlements might include admissions that affect criminal proceedings. Comprehensive representation requires coordinating strategies across these various forums, sometimes prioritizing criminal defense considerations over civil outcomes when necessary. Our approach includes careful timing of resolutions, strategic use of privileges, and coordination with specialized counsel in regulatory matters to protect your interests across all proceedings.

Under Michigan's expanded expungement laws, some white collar convictions may be eligible for expungement after a waiting period, typically five years for misdemeanors and seven years for felonies. However, federal convictions generally cannot be expunged, as there is no comprehensive federal expungement statute. Additionally, some professional licensing boards and regulatory agencies maintain their own records of discipline that may persist even after criminal expungement. Given these limitations, the optimal strategy remains preventing conviction through effective defense, or when necessary, negotiating resolutions specifically designed to minimize long-term professional consequences.

If you receive a grand jury subpoena, you should immediately consult with experienced counsel before taking any action. The subpoena may require production of documents, testimony, or both, often with relatively short timeframes for response. Counsel can help determine whether you are being subpoenaed as a witness, subject, or target of the investigation, which affects your strategic options. Your attorney can negotiate extensions if needed, clarify the scope of document requests, and potentially narrow overly broad requests. For testimony subpoenas, proper preparation is essential, as grand jury testimony occurs without your counsel present in the room (though you can consult with your attorney outside the grand jury room). In some circumstances, counsel may identify potential Fifth Amendment issues that require careful consideration.

Protecting your business during white collar investigations requires balancing legal defense with business continuity considerations. Key strategies include: establishing separate counsel for the business entity and individuals when appropriate; implementing document preservation protocols while maintaining normal operations; developing internal and external communication strategies that address stakeholder concerns without creating additional legal exposure; and proactively addressing banking and credit relationships that may be impacted by investigation publicity. For publicly traded companies, securities disclosure obligations create additional complexities. We work with business leaders to develop comprehensive approaches that protect both individual and corporate interests throughout the investigation and resolution process.