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New York White Collar Defense & Investigations
White collar investigations in New York are often aggressive, fast-moving, and driven by state or federal prosecutors with wide latitude. Business owners, executives, and professionals must understand their rights and potential exposure under both the New York Penal Law and federal statutes.
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1. New York White Collar Defense & Investigations: Common Offenses Under New York Law
New York law classifies white collar crimes as non-violent offenses involving deceit, fraud, or breach of trust for financial gain. These include insurance fraud, securities fraud, embezzlement, identity theft, tax evasion, and computer crimes under the New York Penal Law.
New York White Collar Defense & Investigations: Dual Prosecution Risk<
Many offenses are prosecutable under both New York law and federal statutes such as the Securities Exchange Act or Bank Secrecy Act. This increases exposure and makes early coordination with counsel essential.
2. New York White Collar Defense & Investigations: How Investigations Begin
Investigations often start with subpoenas from the New York Attorney General, the Manhattan District Attorney, or federal agencies like the SEC or DOJ. These may request documents, testimony, or cooperation.
New York White Collar Defense & Investigations: Internal Company Response
Companies often conduct internal reviews when faced with external scrutiny. These reviews should be privileged and guided by counsel to avoid creating new liabilities or admissions.
3. New York White Collar Defense & Investigations: Legal Protections and Strategy
Defendants may invoke their rights under both the U.S. Constitution and the New York State Constitution, including protection against self-incrimination and the right to counsel. Timely legal representation is crucial.
New York White Collar Defense & Investigations: Use of Proffer Agreements
Prosecutors may offer “Queen for a Day” or proffer agreements, where clients share information with limited protection. Legal advice is essential to weigh risks before engaging.
4. New York White Collar Defense & Investigations: Organizational Liability
In New York, businesses can be held liable for acts of their executives or agents. Under NY Penal Law §20.20, corporations may face criminal charges if high-ranking officials commit or authorize crimes.
New York White Collar Defense & Investigations: Building a Compliance Program
A strong compliance program with internal reporting channels, periodic audits, and training can help companies avoid prosecution and reduce sentencing exposure.
5. New York White Collar Defense & Investigations: Sentencing and Alternatives
White collar convictions in New York can result in prison terms, restitution orders, forfeiture, and collateral consequences. However, alternatives like diversion programs or probation may be available.
New York White Collar Defense & Investigations: Cooperation vs. Trial Strategy
Some clients benefit from early cooperation, while others may achieve better results by resisting charges. Each strategy requires a fact-based, client-specific evaluation.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
