White Collar Criminal Defense

If you’ve received a letter and/or a grand jury subpoena that says you’re a “target,” it means you will likely be indicted. According to the United States Attorney’s Manual, a target “is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” In most cases, you will not want to testify to the grand jury.

If you’ve received any kind of notice of an investigation or grand jury proceeding, you need to consult with an experienced grand jury subpoena attorney immediately. How and when you respond to such a notice could have grave consequences for you.

Before starting my own law firm, I spent five years in the white collar section at Jones Walker LLP. There I often worked on federal and state cases that involved the grand jury process. In my experience, some of the most important work on a case takes place during this initial phase.

I can help you in preparing for a response to a grand jury subpoena or target letter in the following ways:

• Confirm whether you’re a target, subject, or witness.
• Assess your overall risk of prosecution and develop a defense and/or cooperation strategy.
• Help you decide whether to appear for a voluntary interview with the Government.
• Negotiate with the prosecution a potential immunity deal in exchange for your testimony.
• Help you prepare for any information that you give.
• Prevent you from incriminating yourself or committing perjury.

Generally, no. If you received a grand jury subpoena or letter as a witness, then the prosecution thinks you have helpful information to their investigation but that you personally are not implicated in any wrongdoing. The exception to that is if you lie to the grand jury or obstruct the investigation in any way.

If you’ve received a letter and/or a grand jury subpoena that says you’re a “target,” it means you will likely be indicted. According to the United States Attorney’s Manual, a target “is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.” In most cases, you will not want to testify to the grand jury.

If you’ve been named a “Subject” in a Grand Jury Subpoena or Letter, then you are somewhere in between a target and simply a witness – in other words, the prosecutor has not made up its mind yet on whether they want to charge you. That means deciding how and when to respond to a grand jury subpoena is critical. You will want to convince the Government that you did not commit any crimes. But you also need to be careful about the Government using your statements and responses against you should they decide to later charge you.

It is critical to consult with an experienced internal investigations attorney BEFORE you are interviewed.  Even if you think you have done nothing wrong or you may just be a witness, it is essential to consult with an internal investigations attorney. You have a right to consult with an attorney during an internal investigation, and you also have the right to have an attorney present with you during an internal investigation interview.

I’ve been on both sides of the table – I’ve represented large multi-national companies that were conducting internal investigations, and I’ve also represented individuals being questioned by their company. I have the knowledge and experience to make sure your rights are protected. I also have extensive knowledge of how company policies can interact with the laws that may affect you.

You need a respected white collar attorney like me with grand jury subpoena experience if you’ve received any kind of notice of an investigation or grand jury proceeding. Before starting his own law firm, I spent five years in the white collar section at Jones Walker LLP. There he often worked on federal and state cases that involved the grand jury process. In my experience, some of the most important work on a case takes place during this initial phase.

I can help you in preparing for a response to a grand jury subpoena or letter in the following ways:

• Confirm whether you’re a target, subject, or witness.
• Assess your overall risk of prosecution and develop a defense and/or cooperation strategy.
• Help you decide whether to appear for a voluntary interview with the Government.
• Negotiate with the prosecution a potential immunity deal in exchange for your testimony.
• Help you prepare for any information that you give.
• Prevent you from committing perjury.

If you work offshore, you need to be aware of environmental crimes, which are defined as when a person or company violates certain environmental laws that are put into place to protect the environment. Some common examples of environmental include:

• Illegal dumping of waste (magic pipe cases).
• Clean Water Act violations.
• Water or air pollution.
• Storage violations.
• Improper transport of hazardous materials.
• Destroying the habitat of an endangered or threatened species.

In Louisiana, these types of crimes are most commonly prosecuted against people working in the oil and gas, chemical, and shipping/maritime industries. There are many overlapping statutes and regulations that impose different types of liability, both civil and criminal, on people and companies working offshore. In addition, there are also multiple government agencies that investigate and bring charges against you for an environmental crime.

Defending yourself against even the suspicion of an environmental crime is incredibly complex and requires the right lawyer to handle your case. I’ve represented employees, supervisors, and companies in a variety of different environmental crime investigations. I can guide you through the process and be your advocate every step of the way. How you handle that first request to speak about an incident can decide your fate – both in your job and, potentially, in your freedom.