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

How a White Collar Criminal Defense Attorney Investigates Financial Crimes
How a White Collar Criminal Defense Attorney Investigates Financial Crimes

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.