How Do White Collar Crime Investigations Begin

Based on what I've heard from a retired FBI Agent (and others), a criminal investigation is ninety-plus percent complete by the time law enforcement approaches or questions you.

Discovering you are under a criminal or civil investigation puts you under tremendous stress. You must immediately make key decisions, like going to trial or pleading guilty to the charges. The insights Mike Berlon and I provide in this video should help you make better choices about your case.

If you sign a plea agreement please know that is the first step in the process. In the video, Mike points out how important the steps between the plea agreement and the sentencing are to the defendant. There are significant legal documents required prior to the sentencing hearing.

The defendant will need to diligently work to ensure the Judge not only understands who you are but why you deserve leniency and mercy. For you to convincingly influence the Judge requires you to understand the perspective of the Judge and on what basis he will determine his judgment. Your judge will rely on several documents in making his determination.

A United States probation officer conducts an interview to prepare and draft a court document called the Pre-Sentencing Report. You must be prepared for this interview. The document, labeled the pre sentence report (PSR), outlines for the Judge your childhood history and the circumstances of your life. It provides a detailed record of your medical status and conditions both physical and mental.

Once you go to prison the PSR will become the sole document relied on by federal prison officials and administrators.

Additionally, both the Prosecutor and your criminal defense attorney will prepare an opposing Sentencing Memorandum. The Sentencing Memorandum lays out for the Judge each side's position on the length and duration of your federal prison term.

The Judge's experience in the criminal justice system and his reliance on the PSR, the prosecutor's Sentencing Memorandum, and victim impact statements provide him with a negative picture of you and your actions. Only by mitigating these perceptions can you have a meaningful effect on how you are perceived by the stakeholders who determine your fate.