“I am not going to answer your trick questions, Mr. Wisenberg.”

PRESIDENT BILL CLINTON

Articles & Publications

White-Collar Crime: The Crash Course

A Primer for Individuals Exposed to Federal Fraud Charges By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Introduction: Witness-Subject-Target At the heart of most

Read More »

White-Collar Crime: Avoiding Indictment

Part 3. AVOIDING INDICTMENT A. Getting Indicted Is Bad For most white-collar crime clients, avoiding indictment is the name of the game. Getting indicted is financially and psychologically devastating and typically means a ruined reputation, debarment from doing business with

Read More »

White-Collar Crime: Going to Federal Trial

Part 5. GOING TO TRIAL A. Counsel’s Credibility Is A Key Factor Your attorney’s credibility, particularly in a white-collar crime case, cannot be emphasized enough. The jury must see your lawyer as a straight shooter. The minute the jury perceives

Read More »

The Federal Grand Jury: Ten Tips for the Unwary

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Other than violating certain testimonial and constitutional privileges, the federal grand jury can pretty much do

Read More »

Federal Grand Jury Crash Course

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Federal grand juries have enormous power within our criminal justice system. Responding incorrectly to a

Read More »

Responding to an SEC Subpoena During a Securities Fraud Investigation: Ten Do’s and Don’ts

This article is for the business executive or entrepreneur who receives a subpoena from the Securities and Exchange Commission (“SEC”) for testimony and/or documents. Often the subpoena is directed to the individual’s company or companies. Understanding the playing field on which the SEC conducts securities fraud investigations is critical to mapping out an effective defense strategy. The smallest tactical error

Read More »

White-Collar Crime: The Crash Course

A Primer for Individuals Exposed to Federal Fraud Charges By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Introduction: Witness-Subject-Target At the heart of most white-collar crime investigations is an Assistant United States Attorney with a bevy of federal agents working under him. The prosecution

Read More »

White-Collar Crime: Client and Attorney Expectations

Part 2. What Do The Client And The Attorney Have A Right To Expect From Each Other? A. What Your Federal White-Collar Attorney Must Know To competently handle a federal white-collar crime case, your attorney must, at a minimum, be thoroughly grounded in the law of federal criminal procedure as well as the substantive criminal law or laws that you

Read More »

White-Collar Crime: Avoiding Indictment

Part 3. AVOIDING INDICTMENT A. Getting Indicted Is Bad For most white-collar crime clients, avoiding indictment is the name of the game. Getting indicted is financially and psychologically devastating and typically means a ruined reputation, debarment from doing business with the government, revocation of a professional license and/or the end of the corporate career. The costs of trial preparation and

Read More »

White-Collar Crime: Avoiding Indictment (continued)

Part 3. AVOIDING INDICTMENT (contd.) F. Talking To the Prosecutor As a general rule, it is almost always advisable in a white-collar crime case to have your attorney talk to the prosecutor unless you have criminal exposure and the prosecutor knows nothing about you or your role in the matter under scrutiny. (Note again that I am not equating exposure

Read More »

White-Collar Crime: Between Indictment and Trial

Part 4. BETWEEN INDICTMENT AND TRIAL A. Whether And When To Plead Guilty There can be certain advantages to pleading guilty before, rather than after, indictment. In many federal districts you will never get as good of a plea offer from the government as the offer you get pre-indictment. Also, by pleading guilty at the earliest possible time, that is,

Read More »

White-Collar Crime: Going to Federal Trial

Part 5. GOING TO TRIAL A. Counsel’s Credibility Is A Key Factor Your attorney’s credibility, particularly in a white-collar crime case, cannot be emphasized enough. The jury must see your lawyer as a straight shooter. The minute the jury perceives that a white-collar lawyer is engaged in any kind of trickery, the consequences for you will be devastating. B. State

Read More »

The Federal Grand Jury: Ten Tips for the Unwary

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Other than violating certain testimonial and constitutional privileges, the federal grand jury can pretty much do what it wants. Here you will find 10 tips you must know about the federal grand jury. 1. Keep your

Read More »

Taking the Fifth Amendment in Front of the Federal Grand Jury in Order to Protect White Collar Defendants and Their Papers

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. One of the most delicate tasks for the practitioner representing a witness or subject in a white-collar investigation is the tactical decision of whether to invoke the Fifth Amendment privilege against self-incrimination during the grand jury

Read More »

How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. What do Martha Stewart, General Michael Flynn, and George Papadopoulos have in common? They were each charged, under Title 18, United States Code, Section 1001, with lying to federal government agents. Ms. Stewart was convicted of intentionally misleading SEC and

Read More »

Federal Grand Jury Crash Course

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP. Federal grand juries have enormous power within our criminal justice system. Responding incorrectly to a federal grand jury subpoena for your testimony or documents, or your company’s documents, can have disastrous consequences. Here are 10

Read More »

Criminal Law and Procedure Decisions of the October 2000-2001 Supreme Court Term

By Solomon L. Wisenberg Solomon L. Wisenberg is a partner and co-chair of the white collar criminal defense practice group of Nelson Mullins Riley & Scarborough, LLP.   With the assistance of Joshua Mooney of Ross, Dixon & Bell, L.L.P.   Introduction If one theme stood out in the October 2000 Supreme Court Term, it was the Court’s exasperation with lower courts, state and federal, who

Read More »

CONTACT ME ABOUT YOUR LEGAL MATTER

Top

Have A Question?