White Collar Defense — The Pre-Indictment Window Is Everything
White collar criminal investigations are different from street crime investigations. They unfold over months or years. The government gathers documents, interviews witnesses, and builds its case methodically — often before the target even knows an investigation exists. By the time an indictment is returned, the government has been preparing for months.
The single most important decision in any white collar case is when to engage counsel. The window between learning you are under investigation and the grand jury returning an indictment is when these cases are won or lost.
White Collar Crimes We Defend
- Wire fraud, mail fraud, bank fraud (18 U.S.C. §§ 1341-1344) — The workhorse statutes of federal white collar prosecution. Wire fraud alone carries up to 20 years per count. These statutes are broad; experienced counsel can challenge both the government's theory and its loss calculation.
- Securities fraud and insider trading (15 U.S.C. §§ 78j, 78ff) — SEC investigations frequently run parallel to DOJ criminal investigations. Coordinated defense across both fronts is essential.
- Public corruption, bribery, honest services fraud (18 U.S.C. §§ 201, 666, 1346) — Political corruption, procurement fraud, and gratuity cases. These investigations are politically charged and require counsel who can manage both the legal and reputational dimensions.
- Healthcare fraud (18 U.S.C. § 1347) — Medicare/Medicaid fraud, kickback violations, false claims. These cases are document-intensive; challenging the government's loss calculation is critical.
- PPP fraud and COVID relief fraud (CARES Act) — The government has dedicated significant resources to prosecuting alleged PPP and EIDL fraud. These cases often involve complex loan program requirements and good-faith defenses.
The Advantage of a Former Federal Prosecutor
John Kirby prosecuted white collar cases. He knows how federal prosecutors evaluate them:
- How the U.S. Attorney's Office decides whether to indict
- What evidence they need to prove intent — the critical element in every white collar case
- How loss amounts are calculated under the Sentencing Guidelines — and how to challenge inflated calculations
- When a proffer session with the government is the right move — and when it is a trap
- How parallel civil and criminal investigations interact — and how to manage both
Common White Collar Defense Strategies
- Lack of intent — White collar crimes require specific intent. Good faith, reliance on counsel, or lack of knowledge are complete defenses.
- Challenging the loss amount — The Sentencing Guidelines are driven by loss. Reducing the loss amount reduces the Guideline range — sometimes by years.
- Proffer and cooperation — In appropriate cases, early cooperation can result in a non-prosecution agreement, deferred prosecution, or § 5K1.1 downward departure.
- Statute of limitations — Most federal white collar crimes have a 5-year statute of limitations. The government often stretches to include older conduct through conspiracy charges.
- Pre-indictment resolution — Many white collar cases can be resolved before indictment — avoiding the collateral consequences of a federal felony conviction.