Key Takeaways
- Most white-collar investigations begin with subpoenas and document requests, not arrests.
- Wire fraud under 18 U.S.C. § 1343 and conspiracy under 18 U.S.C. § 371 anchor most white-collar indictments.
- The pre-charge phase is when the scope of the case can still be shaped.
How the investigation begins
A white-collar investigation typically opens with grand jury subpoenas to banks, employers, and business partners, followed by witness interviews and document analysis. The subjects of the investigation may be interviewed late — or never — before charges.
The statutes in play
The eventual indictment is usually built on 18 U.S.C. § 1343, which reaches schemes to defraud executed by wire communication, and 18 U.S.C. § 371, which reaches the agreement itself. Wire fraud's interstate hook is satisfied by a single email or transfer, and the conspiracy count can join defendants and districts.
What the pre-charge phase allows
Before charges, the defense can present exculpatory documents, correct the government's understanding of transactions, and contest subpoenas. Each step can narrow the eventual indictment or avoid it.
Published by the Corydon Law Research Desk — Corydon Law Research Desk, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.
Primary sources
- 18 U.S.C. § 1343 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.”
- 18 U.S.C. § 371 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.”
Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.