It can. A white-collar investigation or criminal case may create consequences beyond the criminal courtroom, including concerns about employment, professional licensing, reputation, and future job opportunities. The specific effect depends on the profession, the allegations, the licensing authority, and how the case develops.
These collateral consequences are particularly important because many people facing white-collar accusations have never previously expected to encounter the criminal justice system. Too often, clients may already have lost their jobs when they seek representation and can be dealing simultaneously with uncertainty about both their current situation and their future.
Can a Federal White-Collar Case Create Licensing Issues?
A: Potentially. In our experience, there can be both a criminal component and an administrative component, including questions affecting professional licenses or a person’s ability to continue practicing in a particular field.
Federal cases may also be more complicated because several agencies can have an interest in the same underlying conduct. Regulating agencies, including the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Secret Service, Securities and Exchange Commission (SEC), and Financial Industry Regulatory Authority (FINRA), may become involved depending on the subject matter, sometimes approaching the same conduct from different perspectives.
That does not mean every white-collar investigation involves those agencies or creates a licensing action. It does mean that professional consequences should be considered when developing an overall defense strategy.
What Other Consequences Should Professionals Consider?
A criminal investigation can affect more than a person’s immediate legal exposure. During the content interview, the concerns discussed included:
- Current employment
- Professional licensure
- Future employment opportunities
- Reputation
- Family life
- Potential criminal consequences
For someone who has spent years developing a career, those issues may be as important as what happens in criminal court.
MC Tip
Tell your criminal defense attorney about your profession and any license or credential that could be affected as early as possible.
A defense strategy should be developed with an understanding of the broader consequences that matter to you, not simply the criminal allegation in isolation. MC Criminal Law’s approach emphasizes individual attention because the key facts and consequences can be different from one client to the next.