Fraud and financial charges, often before any arrest
White collar crimes are non-violent offenses that involve money, business records or financial transactions, and that usually turn on whether the accused intended to deceive. These cases are often built over months or years from bank records, emails and cooperating witnesses, and many begin long before anyone is arrested. Usher Law Group represents individuals under investigation or charged in state and federal cases.
Types of cases we handle
- Fraud, including wire, mail, credit card, securities, insurance and loan fraud.
- Embezzlement and larceny involving funds or property entrusted to an employee, officer or fiduciary.
- Money laundering and structuring of cash transactions.
- Tax offenses, such as tax evasion and filing false returns.
- Health care fraud, including false or inflated billing to insurers or government programs.
- Bank fraud and false statements to financial institutions.
- Bribery and corruption involving businesses or public officials.
- Identity theft and computer-related fraud.
- Insider trading and other securities violations.
The investigation stage matters most
Many white collar cases start with a subpoena for records, a target letter, a visit from agents or a search warrant. What happens at this stage can decide whether charges are filed at all. If you are contacted:
- Do not speak with agents or investigators before speaking with a lawyer.
- Do not delete, alter or move documents, emails or messages. Destroying records can lead to separate charges.
- Do not contact other people involved to discuss the investigation.
- Collect the subpoena, letter or warrant and any business cards you were given.
Early counsel can clarify whether you are considered a witness, a subject or a target, respond to subpoenas properly and, in some cases, present information to prosecutors before a charging decision is made.
How we defend these cases
- Examining the evidence. We review financial records, communications and the government's calculations for errors, gaps and evidence that was obtained unlawfully.
- Challenging intent. Many financial crimes require proof that the accused knowingly intended to deceive or defraud. Good-faith mistakes, reliance on professionals and ordinary business disputes are not crimes.
- Working with outside professionals. Where needed, we consult forensic accountants and other professionals to analyze transactions and loss figures.
- Negotiating. When the evidence is strong, we negotiate over the charges, the loss amount, restitution and sentencing.
- Trial. If a case does not resolve, we prepare it for trial.
State and federal cases
The same conduct can be prosecuted by a local district attorney, a state agency or federal prosecutors. Federal cases follow different procedures, and federal sentences are strongly influenced by the advisory Sentencing Guidelines, where the claimed loss amount often drives the range. Both systems can require restitution, and federal cases often involve forfeiture of property. See our federal criminal defense and New York State criminal defense pages for more about each system.
Immigration and professional consequences
For non-citizens, fraud and theft convictions can carry severe immigration consequences, and in some cases the amount of loss alone can change how a conviction is treated under immigration law. A conviction can also affect professional licenses, employment and the ability to work in regulated industries. We review these consequences before any plea. More information is on our crimmigration page.
What to bring to your consultation
- Any subpoena, target letter, search warrant, charging document or agency correspondence.
- A short summary of your role in the business or transactions at issue.
- Names of any accountants, lawyers or advisors who were involved.
- Your immigration documents, if you are not a U.S. citizen.
Please do not bring or send original business records until we have discussed how to preserve them. You can contact us to arrange a confidential consultation.
Frequently asked questions
I received a grand jury subpoena. Does that mean I will be charged?
Not necessarily. Subpoenas go to witnesses and businesses as well as to people under investigation. A lawyer can often find out your status, help you comply without giving up rights, and advise whether you should testify or produce records.
Can I be charged if I did not know the activity was illegal?
Many white collar offenses require proof that you acted knowingly and with intent to defraud, so what you knew and intended is often the central issue. But lack of knowledge is judged on the evidence, including what you should have noticed, so get advice before explaining your side to investigators.
What penalties can a white collar conviction carry?
Depending on the offense and the court, penalties can include prison, probation, fines, restitution to victims and, particularly in federal cases, forfeiture of property. The amount of loss, the number of victims and a person's role often affect the sentence.
How long do these cases take?
It varies widely. Investigations can last months or years before any charge, and complex cases with large amounts of financial evidence often take longer to resolve than other criminal cases.