In some situations, it may make sense and will look good to the judge at sentencing if the defendant has decided to cooperate with the authorities. However, the very first step should be to speak with an attorney who has experience in the white-collar crime field before talking to the government. This way, the individual can develop a strategy for presenting their side of things and protecting their rights.
Everything a person says to law enforcement can be used against them. To avoid this, there are certain things that attorneys can do, one of which is a proffer agreement, or “Queen for a Day” letter. In essence, it means that whatever a person says during the proffer cannot be used against them in the prosecution or sentencing. If someone wants to come forward and speak with law enforcement, doing so wouldn’t necessarily be a bad idea. However, they should first hire a lawyer who can make sure that all of the legal pieces are in place and that they get full credit for the information they provide. In addition, proffer agreements have various exceptions, and an attorney will be able to explain those before the proffer.
If I Have Information on Fraud Within the Company I Work For, Should I Go to the Authorities?
If someone has information with regard to fraud within the company they work for, they might want to speak to an attorney prior to going to the authorities. They wouldn’t necessarily need to hire an attorney for the whole case, but they could schedule a one-hour consultation to discuss the issue and the options available to them. There are whistleblower statutes, which allow a person who identifies illegal behavior by a government agency or a private entity to file a lawsuit against that agency and be eligible for a portion of any fines collected by the Government as a result of the suit. This is a topic that can be further discussed with an attorney.
Will I Be Given Any Leniency if I Plead Guilty in a Fraud Case and Turn Myself In?
It’s unlikely that a person would get a lot of credit or leniency simply for turning themselves in, but the judge might shave a couple of months or more off the sentence. The people who faced 20, 30, or 40 years in prison and walked away with two, three, or four years, cooperated with the government with the right strategy, the right information, the right attitude, and the right attorney. I have had a lot of success getting potential life sentences reduced to just a few years.
For more information on Cooperating with Authorities in a Fraud Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 989-2908 today.