White Collar Crime Attorneys: Common Federal Charges, Penalties and How to Choose a Lawyer

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Last reviewed: October 17, 2026. This article is general information, not legal advice. Federal penalties are maximums set by statute; actual sentences depend on the Sentencing Guidelines and the judge. State fraud laws differ; speak to a defense lawyer about your situation.
If you've received a subpoena, been contacted by an agent, or learned your company is under investigation, you're probably searching for white collar crime attorneys and trying to work out how serious this is. This guide explains the federal laws behind most white collar cases, how sentences are calculated, and how to choose the right lawyer.
Short answer: white collar crime attorneys are criminal defense lawyers who focus on financial and business offenses such as fraud, money laundering, bribery and tax evasion. These cases are often federal, involve long investigations and large volumes of documents, and carry serious prison exposure that rises with the amount of money involved. Getting a lawyer before you talk to investigators is usually the single most important step.
What counts as white collar crime
There's no single statute called "white collar crime." The term covers non-violent offenses built around deception, concealment or breach of trust for financial gain. The FBI puts it this way: "These crimes are not violent, but they are not victimless. White-collar crimes can destroy a company, wipe out a person's life savings, cost investors billions of dollars, and erode the public's trust in institutions" (FBI).
Common examples include investment and securities fraud, health care fraud, bank and mortgage fraud, embezzlement, bribery, money laundering, tax evasion and insider trading.
Common federal white collar statutes
Federal prosecutors use a handful of statutes again and again. The penalties below are the statutory maximums; most sentences are far lower and are driven by the Sentencing Guidelines.
| Statute | What it covers | Maximum penalty |
|---|---|---|
| 18 U.S.C. § 1341 (mail fraud) | A scheme to defraud that uses the mail or a commercial carrier | 20 years (30 years and $1,000,000 if it affects a financial institution or disaster benefits) |
| 18 U.S.C. § 1343 (wire fraud) | A scheme to defraud that uses interstate wire, radio or TV communications, including email and the internet | 20 years (30 years and $1,000,000 in the same aggravated cases) |
| 18 U.S.C. § 1344 (bank fraud) | A scheme to defraud a financial institution or obtain its money by false pretenses | 30 years and $1,000,000 |
| 18 U.S.C. § 1349 (attempt and conspiracy) | Attempting or conspiring to commit a fraud offense in that chapter | Same penalties as the underlying offense |
| 18 U.S.C. § 1956 (money laundering) | Financial transactions with proceeds of specified unlawful activity, for example to promote it or conceal its source | 20 years and a fine of $500,000 or twice the value involved, whichever is greater |
| 18 U.S.C. § 201 (bribery of public officials) | Offering or accepting bribes to influence official acts | 15 years, a fine of up to three times the bribe's value, and possible disqualification from federal office |
| 26 U.S.C. § 7201 (tax evasion) | Willfully attempting to evade or defeat a federal tax | 5 years and $100,000 ($500,000 for a corporation), plus costs of prosecution |
| 18 U.S.C. § 1001 (false statements) | Knowingly and willfully making false statements to federal officials | 5 years in most cases |
Many cases also involve securities, health care or computer-fraud laws, and states have their own fraud, theft and embezzlement statutes.
How sentencing works: the loss table
For most fraud, theft and embezzlement cases, federal judges start with §2B1.1 of the U.S. Sentencing Guidelines. The base offense level is 7 if the offense of conviction carries a statutory maximum of 20 years or more (as mail and wire fraud do), and 6 otherwise. Levels are then added based mainly on loss, which the guideline defines as "the greater of actual loss or intended loss."
Judges must use the Guidelines Manual in effect on the date of sentencing (USSG §1B1.11(a)). The Sentencing Commission adopted inflation adjustments to the loss table that take effect on November 1, 2026, unless Congress acts otherwise. Here's a selection of the thresholds:
| Loss more than... | Manual effective Nov. 1, 2025 | Amendment effective Nov. 1, 2026 |
|---|---|---|
| Add 2 levels | $6,500 | $9,000 |
| Add 6 levels | $40,000 | $55,000 |
| Add 10 levels | $150,000 | $200,000 |
| Add 14 levels | $550,000 | $750,000 |
| Add 18 levels | $3,500,000 | $5,000,000 |
| Add 22 levels | $25,000,000 | $35,000,000 |
| Add 30 levels | $550,000,000 | $750,000,000 |
Other factors add or subtract levels, such as the number of victims, substantial financial hardship to victims, sophisticated means, the defendant's role and acceptance of responsibility. Because the loss figure drives so much of the sentence, challenging how loss is calculated is often one of the most important things a white collar defense lawyer does.
Time limits
Most federal crimes must be charged within five years (18 U.S.C. § 3282). Bank fraud, and mail or wire fraud that "affects a financial institution," have a ten-year limit (18 U.S.C. § 3293). Conspiracies and ongoing schemes can extend these periods in practice, so don't assume old conduct is safe.
What a white collar defense attorney actually does
- Responds to the investigation early: dealing with subpoenas, search warrants and requests for interviews, and sometimes presenting the client's side to prosecutors before any charge is filed.
- Reviews the evidence: often thousands of emails, bank records and accounting files, frequently with forensic accountants.
- Advises on cooperation and plea options, and on how a guilty plea would affect sentencing, licenses and immigration status.
- Challenges the case: intent, the loss calculation, the statute of limitations, or the legality of searches.
- Tries the case if it goes to trial, and handles sentencing and appeals.
- Coordinates with civil and regulatory matters, such as SEC, IRS or agency proceedings that can run in parallel.
How to choose a white collar crime attorney
- Check their license. Look the lawyer up on the state bar's official directory to confirm they're licensed and in good standing, and see whether there's any public discipline. Our guide on how to spot a fake law firm explains how.
- Look for federal experience. Ask whether they're admitted to practice in the federal district where your case is, and how many federal fraud cases they've handled, including trials and sentencings.
- Ask about the team. Big document cases may need paralegals, forensic accountants and investigators. Find out who will do the work.
- Understand the fees in writing. Ask whether the fee is flat or hourly, what the retainer covers (investigation, trial, appeal), and what happens if the case ends early. For general background, see how lawyers decide to take a case.
- Watch for conflicts. If your employer is also under investigation, a lawyer hired by or representing the company may not be able to represent you personally. Ask directly.
- Be wary of guarantees. No honest lawyer can promise an outcome.
- If you can't afford counsel, ask the federal court for appointed counsel under the Criminal Justice Act (18 U.S.C. § 3006A).
If tax issues are involved, our comparison of a tax attorney vs a CPA explains why the difference matters for privilege. For a case involving a broader alleged criminal enterprise, see has anyone ever beat a RICO charge.
Are white collar crimes felonies?
The main federal fraud, money laundering, bribery and tax evasion statutes are felonies, with maximum prison terms from 5 to 30 years. Some related offenses can be misdemeanors, and states have their own fraud laws with different penalties.
Can I be charged if I only worked for the company?
Yes, if prosecutors believe you personally took part in the scheme with the required intent. Companies act through people, and individual employees, officers and advisers can be charged alongside or instead of the company. Being an employee is not a crime; knowingly joining a fraud can be.
Should I talk to federal agents if they contact me?
Speak to a lawyer first. You can politely decline to be interviewed without counsel. Lying to a federal agent is a separate crime under 18 U.S.C. § 1001, punishable by up to 5 years in most cases, even if the underlying conduct is never charged.
How long does the government have to bring fraud charges?
Most federal crimes must be charged within five years under 18 U.S.C. § 3282. Bank fraud, and mail or wire fraud that affects a financial institution, have a ten-year limit under 18 U.S.C. § 3293. Other exceptions exist.
What if I can't afford a white collar defense lawyer?
In federal court, if you are financially unable to hire a lawyer, the court must provide one under the Criminal Justice Act (18 U.S.C. § 3006A), usually a federal public defender or a panel attorney. Ask the court at your first appearance.
Sources
- 18 U.S.C. § 1341 (mail fraud): Cornell LII
- 18 U.S.C. § 1343 (wire fraud): Cornell LII
- 18 U.S.C. § 1344 (bank fraud): Cornell LII
- 18 U.S.C. § 1349 (attempt and conspiracy): Cornell LII
- 18 U.S.C. § 1956 (money laundering): Cornell LII
- 18 U.S.C. § 201 (bribery): Cornell LII
- 26 U.S.C. § 7201 (tax evasion): Cornell LII
- 18 U.S.C. § 1001 (false statements): Cornell LII
- 18 U.S.C. §§ 3282 and 3293 (limitations): § 3282, § 3293
- 18 U.S.C. § 3006A (Criminal Justice Act): Cornell LII
- U.S. Sentencing Commission, 2025 Guidelines Manual, §2B1.1: ussc.gov
- U.S. Sentencing Commission, 2025 Guidelines Manual, §1B1.11: ussc.gov
- U.S. Sentencing Commission, Amendments effective November 1, 2026 (reader-friendly PDF): ussc.gov
- FBI, Complex Financial Crime: fbi.gov


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