After 9/11, law enforcement agencies, particularly federal agents, have leveraged their resources. Criminal investigators now communicate much better with their regulator and auditor colleagues, finding new leads and cases that may have eluded them before.
One thought shared by Ralph W. Kohnen, Chair of Taft’s White Collar Criminal Defense Practice Area, is, “In the shadows behind every auditor, regulator, or analyst now lurks a criminal investigator. And, these investigators are not just looking for civil fines, penalties or disgorgement -- they want criminal charges.”
Kohnen came to Taft after a 16-year career as a Criminal Assistant U.S. Attorney for the Southern District of Ohio. During his time with the U.S. Attorney’s Office (including serving as the Criminal Chief in Cincinnati from 2001-2006), Kohnen personally prosecuted numerous “white collar” criminal cases (among others). Kohnen also served for at time as the U.S. Attorney’s Health Care Fraud Task Force Coordinator and specialized in fraud, tax, and securities prosecutions from 1994 to 2001. Prior to his career as an Assistant U.S. Attorney, Kohnen was a trial lawyer with the firm of Kohnen, Patton & Hunt from 1986-1990.
The investigation and prosecution of corporate and other white collar crime has become a high priority for state and federal prosecutors and criminal investigators over the last few years. Legislatures have expanded the reach of criminal laws and given government agents more tools than ever to investigate the activity of people and businesses. As a result, all citizens – individuals, entrepreneurs, professionals, corporate officers and directors face a greater likelihood of scrutiny by investigators, regulators and prosecutors.
And, even if a person is initially identified as merely a witness, he or she can easily turn into a “subject” or a “target” during the course of a criminal investigation. The best time to avoid being prosecuted on white collar criminal charges is to head them off before an indictment is returned. Once a case has been formally charged, the chances of a defendant obtaining dismissal of the case (except through acquittal after trial) are slim indeed.
The White Collar Criminal Defense Practice Area addresses the needs of our clients in four primary ways:
- Through traditional criminal defense work – defending persons and businesses who are accused of crimes or targets of active investigation by law enforcement agencies.
- By representing clients involved in audits, reviews, or investigations by regulatory and/or law enforcement agencies, thereby minimizing their risk of criminal exposure or punitive administrative action.
- By representing clients who have been victimized, particularly by fraud or embezzlement, to ensure their interests are protected, working with prosecutors to protect our clients’ interests throughout the criminal prosecution, and prosecuting civil claims where necessary.
- By providing proactive legal advice regarding corporate compliance programs and assistance in avoiding vulnerability to criminal acts and allegations.
Taft attorneys are available to assist clients who are involved in any way in criminal investigations or prosecutions. We can help clients who have been served with subpoenas, investigative demand letters or requests for interviews. We can also advise clients on warning signs from disgruntled or former partners or employees and from competitors who might approach law enforcement, leading to a potential criminal investigation. Finally, we can help our clients look for things that indicate a white collar criminal investigation might be under way.
