Navigating the complexities of the legal system can be daunting, especially when facing allegations of criminal conduct. For almost two decades, my career has been immersed in the intricate world of white collar litigation, from my early days in Biglaw to my role as a federal and military prosecutor. Now, as a White Collar Defense and Investigations Partner at Cadwalader, I often find myself explaining to aspiring and junior attorneys the daily realities of my work and the path I took to specialize in this challenging yet rewarding field of law.
Taking advantage of some quiet time, I wanted to outline the core areas of my practice. Working in white collar crime defense is incredibly stimulating. Each case presents unique challenges, a diverse clientele, and engagement with a wide array of regulatory bodies and law enforcement agencies across the globe. For anyone considering law school, currently studying law, or young attorneys exploring different legal avenues, I hope this insight proves valuable, especially if you are drawn to the world of Crime Lawyering.
Core Areas of Practice for a Crime Lawyer in White Collar Defense
While many litigators pride themselves on versatility, in practice, most lawyers develop specialties over time. This specialization can be shaped by initial case assignments, emerging trends in government enforcement and regulation during your formative years, and your academic and professional background. While I have experience in general civil litigation and arbitration, the majority of my work as a crime lawyer focuses on advising clients facing government investigations or prosecutions, as well as providing proactive compliance counsel in several key areas.
Cybersecurity and Data Privacy: A Modern Frontier for Crime Lawyers
Cybersecurity and data privacy are rapidly evolving areas of law, making it a dynamic field for crime lawyers. Companies are increasingly grappling with their obligations to protect sensitive customer and employee data, manage data usage and sharing, and respond effectively to data breaches. In the U.S., the absence of a unified national standard means businesses must navigate a complex web of federal regulations (often industry-specific) and fifty state-level data breach laws. Ransomware and other cyberattacks are escalating in frequency and severity, showing no signs of abating.
Adding to this complexity, the European Union’s General Data Protection Regulation (GDPR) introduces another layer of compliance, impacting U.S. companies that engage with EU residents’ personal data. Consequently, a significant part of my practice as a crime lawyer in recent years involves developing robust cybersecurity compliance programs. For clients unfortunate enough to experience a data breach, I guide them through interactions with regulators and law enforcement (such as the Federal Trade Commission and the Federal Bureau of Investigation), navigate customer notification requirements, manage ensuing litigation from customers and shareholders, and advise publicly traded companies on disclosure obligations to investors.
Foreign Bribery and Corruption: An International Focus for Crime Lawyers
The Foreign Corrupt Practices Act (FCPA), enacted in the 1970s, has seen a surge in enforcement over the last fifteen years. This legislation is crucial for crime lawyers working in the international sphere. The FCPA primarily prohibits U.S. individuals and companies from bribing foreign government officials to secure or retain business advantages, such as government contracts or favorable tax treatment. It also mandates that U.S. publicly traded companies establish internal controls to ensure accurate financial record-keeping. Typically, the Department of Justice (DOJ) handles criminal investigations and prosecutions related to bribery, while the Securities and Exchange Commission (SEC) enforces the books and records provisions civilly.
Furthermore, the UK Bribery Act 2010 sets an even stricter global standard. As a crime lawyer in this domain, my work often involves two main areas: developing and implementing tailored FCPA compliance programs for clients across various industries, and defending clients against government investigations and prosecutions related to foreign bribery.
Money Laundering and Terrorist Financing: Financial Crime Expertise for Lawyers
Money laundering, at its core, is the process of integrating illegally obtained funds into the legitimate economy. This is achieved through transactions designed to obscure the funds’ origins, such as investments in legitimate businesses, real estate, and complex financial maneuvers. In the U.S., the Bank Secrecy Act (BSA) requires financial institutions—banks, money service businesses, broker-dealers, and casinos—to assist law enforcement in detecting suspicious activities linked to money laundering or terrorist financing. A key component of BSA compliance is the filing of Suspicious Activity Reports (SARs) with the Financial Crimes Enforcement Network (FinCEN), a Treasury Department bureau that disseminates this intelligence to law enforcement agencies. Financial institutions failing to maintain adequate anti-money laundering (AML) controls and SAR reporting face significant legal repercussions.
The increasing misuse of shell companies to conceal financial transaction origins and evade taxes has prompted regulatory responses, such as FinCEN’s “Customer Due Diligence Rule.” This rule requires banks to identify the individuals who ultimately own or control shell companies opening new accounts. The rise of cryptocurrencies like Bitcoin further complicates this landscape. These digital currencies are often favored by criminal elements due to their potential for anonymity in financial transactions. For crime lawyers specializing in financial crime, this translates to significant engagement with financial institutions, helping them navigate evolving regulations, technological advancements, and heightened scrutiny from both domestic and international regulators.
Accounting and Securities Fraud: Specialized White Collar Crime Practice
My background as a Certified Public Accountant (CPA) alongside my legal training has always drawn me to cases involving complex accounting issues. Many white collar crime cases, particularly in accounting and securities fraud, necessitate collaboration with forensic accountants. Having a strong grasp of accounting principles is invaluable in quickly understanding the intricacies of these cases. Accounting and securities fraud matters often fall under the purview of the DOJ or SEC and can involve both individual and corporate defendants. Examples include insider trading, improper use of reserve accounts, and “channel stuffing” (manipulating sales figures to inflate stock prices). Each case in this area is unique and demands a deep understanding of financial regulations and corporate governance.
Beyond these core areas, a crime lawyer might also encounter procurement fraud, tax fraud, whistleblower allegations, economic sanctions violations, and national security-related matters. Representing clients in Congressional investigations and testimonies is another frequent demand. Each of these areas necessitates specialized legal knowledge and experience with various government agencies.
Building a Career as a Crime Lawyer
For those interested in pursuing a career as a crime lawyer specializing in white collar crime, strategic career management is essential. I strongly advocate for developing accounting skills. At a minimum, law students should consider taking “Accounting for Lawyers” or similar courses to build a foundational understanding of financial principles. Courses in securities litigation and enforcement are also invaluable for grasping the fundamentals of U.S. securities laws and the SEC’s authority. Even a basic course in federal income tax can provide useful insight into the Internal Revenue Code. Naturally, core criminal law courses such as criminal law, criminal procedure, evidence, and constitutional law are crucial. Law schools are also expanding their offerings to include more specialized courses relevant to white collar crime. While courses specifically on the FCPA or BSA were rare when I graduated in the late 1990s, law schools now offer more targeted programs, which are highly beneficial.
Practical experience is also a significant asset in specializing in white collar crime law. Individuals with pre-law school experience as auditors, forensic accountants, regulatory analysts, compliance specialists, law enforcement officers, or in government agencies or Capitol Hill have a distinct advantage. However, even without prior work experience, law school offers numerous opportunities to gain relevant experience. During the summer before law school, I worked as a Research Clerk in the Enforcement Division of the SEC’s Philadelphia District Office—an experience that significantly shaped my career path. During law school, I also completed an internship with the IRS’s appellate office, gaining further experience and professional contacts. These experiences undoubtedly strengthened my candidacy for law firm positions and demonstrated a consistent trajectory towards white collar litigation. Furthermore, opportunities to serve as local, state, military, or federal prosecutors or regulatory attorneys after graduation are invaluable steps in a long-term career as a crime lawyer.
Conclusion: A Rewarding Path in Crime Law
One of the most compelling aspects of a legal career is its diverse range of paths. From large law firms to solo practices, government service, in-house counsel, non-profits, consulting firms, and beyond, the legal field offers numerous avenues for professional fulfillment. For me, the prospect of becoming a white collar crime lawyer was always appealing, though the day-to-day realities were initially unclear. Thankfully, my chosen path has been deeply rewarding, and I hope this overview provides helpful insights for those considering a similar career.
If you believe I can be of assistance, please feel free to reach out to me at 202-862-2262 or [email protected].
Please note: This article reflects my personal views and should not be considered legal advice. You can also connect with me on Twitter.
