How a White Collar Criminal Defense Attorney Investigates Financial Crimes
Facing charges for fraud, embezzlement, or financial crimes? Learn how an experienced white collar defense attorney investigates complex cases to challenge the prosecution.
Mark D Hauser
6/25/20252 min read


Do you need Philadelphia white collar crime defense? White collar crimes like embezzlement, fraud, and identity theft can lead to major consequences including prison time, heavy restitution, and permanent damage to your reputation and career. But financial crime cases are often based on complex paper trails, unclear intent, or misinterpreted transactions. That’s why an experienced white collar defense attorney takes a thorough and strategic approach to investigating the government’s claims.
With over 30 years of experience defending clients in high-stakes financial crime cases across the state, here’s how I investigate these charges to uncover weaknesses in the prosecution’s case.
What Are Financial Crimes (White Collar Offenses)?
White collar crimes involve non-violent conduct for financial gain and are often prosecuted under both state and federal law.
Common charges include:
Embezzlement
Tax fraud or tax evasion
Wire fraud and mail fraud
Credit card fraud
Identity theft
Insurance fraud
Forgery or falsification of records
Money laundering
Healthcare fraud or government benefits fraud
These cases often come with massive documentation — and equally high stakes.
Step 1: Analyzing the Government’s Case
The first step is understanding what the prosecution believes happened:
Reviewing indictments, criminal complaints, or subpoenas
Analyzing financial statements, spreadsheets, and audit trails
Requesting and reviewing discovery (e.g., emails, contracts, bank records)
Identifying whether the evidence came from a search warrant or cooperating witness
Understanding the government’s theory allows me to anticipate their arguments and begin building a defense based on the facts — not assumptions.
Step 2: Examining Intent and Mental State
Most financial crimes require specific intent to defraud. That means the prosecution must prove beyond a reasonable doubt that:
You knew what you were doing was illegal
You acted intentionally, not by accident or misunderstanding
I look for evidence that shows:
Poor bookkeeping or clerical errors (rather than fraud)
Lack of financial motive
Delegated responsibility to others in an organization
Miscommunications between departments or employees
In many cases, what appears criminal may be explained by sloppy business practices or a lack of supervision, not criminal intent.
Step 3: Interviewing Witnesses and Whistleblowers
I investigate the background, credibility, and motivations of:
Business partners
Disgruntled employees
Auditors or regulators
Anonymous tipsters
It’s important to determine whether these individuals had personal motives, gave incomplete information, or misunderstood what they saw.
Step 4: Consulting Experts
Financial crimes often hinge on the interpretation of data. That’s why I work with:
Forensic accountants
Tax experts
Digital data analysts
Compliance officers
These experts can help uncover alternative explanations, locate errors in the government’s analysis, or identify misconduct on the part of investigators.
Step 5: Exploring Pre-Charge or Negotiated Resolutions
If charges haven’t been filed yet, I may engage in pre-charge negotiations to:
Prevent formal charges
Reduce a felony to a misdemeanor
Negotiate restitution in place of prosecution
Resolve misunderstandings with regulators or agencies
Many financial cases are settled quietly and privately, long before court.
Defending Financial Crime Charges
If charges have already been filed, I file motions to:
Suppress illegally obtained financial records
Challenge improper search warrants or subpoenas
Exclude prejudicial or unreliable expert testimony
Every case is built around identifying reasonable doubt and showing that the evidence doesn’t prove criminal intent beyond a reasonable doubt.
Facing Financial Crime Allegations? Act Quickly.
Whether you're under investigation or already charged, the sooner you involve a criminal defense lawyer in Philadelphia, the better your chances of building a strong case. With over 30 years of experience investigating and defending white collar crime cases, I can help you navigate the legal and financial fallout with strategy and discretion. Contact Mark D. Hauser, Attorney at Law today to schedule a confidential consultation.