White Collar Crime Attorney in Minneapolis, Minnesota

Two Main Goals of Pre-Charge Investigation

More In This Category

View Transcript

We’re trying to do two things. We’re trying to – with our investigation – it’s really a parallel investigation to the governmental criminal investigation.

We’re trying to do two things. First of all, let’s learn as much as we can so that, when we get to that distant point on the horizon, whether it’s one or two years from now, we can stand up and say, “Wait a minute. You should not charge my client with a crime. Here is what we’ve found out. We’ve gotten some different answers and some different documents to you.” So if it looks like they’re going to charge you with a crime, we can, and we have many times – when I say “we,” I mean myself and my colleagues, who I have worked with on scores and scores and scores of such federal investigations – gotten enough information to persuade them to leave the client alone, and that’s the happy ending that we’re looking for.

I always tell people, “To get charged with a crime and then have me get a not guilty verdict someday is a great Perry Mason story for me, but it’s no fun for you. We would rather you not have to run that gauntlet. We would rather you not be charged with a crime.” But just as half of what you’re trying to do is to prepare an argument to dissuade them from bringing the charge, at the same time – and it’s really the same work – in case we’re unsuccessful, in case they charge you with a crime anyway, we’re not flat-footed on the day that the indictment comes out. We’re ready. We’re prepared. We’ve been working for a year or two on the file and we’re ahead of the curve where we would otherwise be, which is totally unprepared, and perhaps as little as 90 or 120 or, at most, 180 days until trial.

And so it’s very important to have a parallel investigation, and that’s the pre-charge investigation. And so most people get decent legal advice from their corporate counsel that, “We’d better get a white-collar criminal lawyer involved,” but you can’t believe how often people just say, “Oh, I hope I don’t get charged with a crime,” and they go on with their business, and then they come in to see the lawyers when it’s not necessarily too late, but we’re way behind the curve in terms of being able to help them and get on top of this case.

Minneapolis criminal defense attorney Kevin Short discusses pre-charge investigations.

More Videos From This Lawyer