When you’re the subject of a white collar crime investigation, your livelihood and even your freedom may be at stake. So what should you do if your employer accuses you of wrongdoing on the job? According to Tennessee criminal defense attorney Russell Thomas, it’s important to contact a lawyer as quickly as possible. “Because it’s not uncommon for internal investigations to turn into criminal charges,” he says, “it’s critical that you hire an attorney if you are questioned about any wrongdoing at work.”
What is White Collar Crime?
The term “white collar crime” refers to any crime committed in relation to business. Embezzlement (stealing or mishandling funds entrusted to you), according to Thomas, is the most common type of white collar crime. Other white collar crimes include fraud, bribery, counterfeiting, money laundering, extortion, tax evasion and trading, buying or selling proprietary information. The phrase “white collar,” Thomas says, refers to the white shirt collars of men who typically wear suits to work, as opposed to “blue collar” workers who may wear uniforms.
Although many people assume that all white collar criminals have intentionally engaged in unethical behavior, Thomas says that’s not always the case. According to Thomas, it’s not uncommon for a white collar crime accusation to arise from a relatively harmless situation - a company owner “borrowing” money from company funds, for example. While he may have every intention of repaying the loan, if a co-owner finds out and involves the authorities, criminal prosecution is a very real possibility.
When You’re Suspected of Wrongdoing
White collar defendants, Thomas says, often don’t realize that they’re going to be criminally prosecuted. For this reason, he says, it’s not uncommon for a white collar defendant to “dig his own grave,” so to speak. “A lot of my white collar cases,” Thomas says of clients at his Nashville law firm, “begin as seemingly benign internal investigations.”
According to Thomas, many white collar defendants don’t realize that what they’ve done at work constitutes a criminal offense. If the defendant was someone in a decision-making capacity, he may simply have believed he was engaging in “creative” business practices, Thomas says. A lower-level employee may believe that the worst thing that can happen to him is being fired from his job. He may initially be questioned by someone at work, and then suddenly, based on his responses to those questions, finds himself facing criminal charges - a shocking turn of events, to say the least.
So, regardless of whether or not you believe you’ve committed a crime, what should you do if you’re the subject of an internal investigation? Seek help from a qualified attorney, Thomas says. According to Thomas, if it’s possible to bring in an attorney before law enforcement gets involved, it may be possible to avoid criminal charges all together. “If I can get involved from the very beginning,” he says, “I can act as your representative to minimize your risk of doing and saying things that could be used against you later on.”
Your attorney may also be able to act as a mediator between you and your employer, and help to resolve disputes before they result in criminal charges or a civil suit. In the case of a financial dispute between an employee and his employer, it may be possible to create a settlement agreement wherein a schedule is outlined for the re-payment of funds. This will ensure that stolen or mishandled funds are returned to the company while sparing both the company and the employee the expense and negative publicity associated with a trial.
“While many people assume that white collar criminals are treated with leniency or sentenced to short stays at ‘country club prisons,’” Thomas says, “the truth is that the penalties can be quite serious.” For this reason, he says, you’ll need the best possible legal representation if you’re accused of wrongdoing at work.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
