White Collar Crimes: 5 Mistakes to Avoid If You’re Under Investigation
Mark Scruggs
What You Do Now Could Make or Break Your Case
Unlike many criminal cases, white collar investigations don’t usually start with flashing lights and handcuffs. They often begin quietly—through a subpoena, a formal letter, or even a phone call from law enforcement or a regulatory agency. By the time you know you’re under scrutiny, investigators may already be months into building a case against you.
Whether the issue involves alleged fraud, embezzlement, financial misconduct, or public corruption, white collar charges carry serious legal and reputational risks. These cases are typically document-heavy, involve complex intent analysis, and can escalate to federal court.
Here are five critical mistakes to avoid if you believe you’re being investigated or have already been contacted by law enforcement about a financial crime.
1. Talking Without a Lawyer
If an investigator reaches out, your instinct may be to explain or clarify the situation. But every word you say can be used against you—even in informal conversations. Investigators are trained to elicit damaging admissions, and even innocent remarks can be misunderstood or twisted into evidence of intent.
Before you answer questions, share documents, or agree to meet with authorities, speak with an experienced white collar crime defense attorney. A lawyer can communicate on your behalf, protect your rights, and assess what the government may already know.
2. Deleting or Altering Records
One of the fastest ways to turn a potential investigation into criminal charges is to destroy or alter records. Even if you believe you're cleaning up innocent clutter, investigators may interpret this as obstruction of justice or intent to conceal.
White collar investigations often involve emails, bank statements, contracts, or internal communications. Do not delete anything. Instead, consult your attorney immediately. Your defense strategy depends on transparency, not panic.
3. Assuming It’s “Just a Civil Issue”
Many white collar cases begin as civil disputes—contract disagreements, audits, or regulatory inquiries—but quickly evolve into criminal investigations. Don’t assume that because money is involved, jail time is off the table.
In Tennessee, financial crimes can lead to felony charges, restitution orders, asset forfeiture, and incarceration. Treat any investigation seriously from the beginning, even if it hasn’t formally escalated.
4. Failing to Take Early Action
By the time you’re contacted by law enforcement or receive a subpoena, the government may already be building a case behind the scenes. Waiting to “see what happens” only gives prosecutors a head start.
Early legal intervention can make a massive difference. In some cases, it may be possible to avoid formal charges altogether by addressing concerns proactively, correcting misunderstandings, or negotiating a resolution before charges are filed.
5. Hiring the Wrong Kind of Attorney
Not all defense lawyers are experienced in white collar cases. These matters often involve financial records, regulatory law, digital communications, and forensic accounting. You need a lawyer who understands how these cases are prosecuted—and how to challenge them effectively.
With over 43 years of trial experience, I’ve defended clients across Tennessee facing white collar allegations involving fraud, embezzlement, contractor disputes, and business litigation. When your reputation and livelihood are at stake, you need clear strategy—not guesswork.
Speak With a Tennessee White Collar Crime Defense Lawyer Today
If you’re under investigation—or even suspect you might be— don’t wait until charges are filed. I offer discreet, strategic representation backed by decades of experience in Tennessee courts.
