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You received a call from the FBI. They want to “ask you some questions” about your business. Federal? State? You don’t know. You’re terrified.
Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in high-profile federal white collar cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey’s fraud case and juror misconduct allegations in the Ghislaine Maxwell trial. What qualifies as white collar crime, whether you face state or federal charges, what penalties you’re facing, and why you need a lawyer RIGHT NOW before talking to investigators.
White collar crime means nonviolent financial crimes. Sounds less serious than assault. Wrong. Federal white collar sentences often exceed violent crime sentences. The term “white collar” describes the defendants—business executives, professionals, people who wear suits to work—not the severity of punishment.
Embezzlement under California Penal Code Section 503 is the misappropriation of money or property by a person in a position of trust. Your employer trusted you to handle company funds. You transferred money to your personal account. Embezzlement. It doesn’t matter if you planned to pay it back. It doesn’t matter if the company didn’t notice for months. What matters is you took money entrusted to you.
Fraud covers deceptive financial practices. Securities fraud means providing false information about a business’s financial status to investors. Insurance fraud means filing false claims. Tax evasion means hiding income or filing false returns. Mail fraud under 18 USC Section 1341 and wire fraud under 18 USC Section 1343 are federal crimes that criminalize using mail or internet for fraudulent schemes. Money laundering means concealing the source of illegally obtained money.
Beverly Hills white collar defendants include CFOs who embezzled from their companies, investment advisors who ran Ponzi schemes, business managers in the entertainment industry who stole from celebrity clients, real estate developers who committed mortgage fraud, and medical practice administrators who submitted false Medicare claims. These are professionals with graduate degrees, no criminal history, families, and reputations. One FBI investigation destroys everything.
You embezzled from a Beverly Hills company. The company is headquartered in Beverly Hills. All the money stayed in California. Why is the FBI involved? Because federal jurisdiction doesn’t require you to cross state lines personally. Used email? Wire fraud—federal crime. Sent a letter through USPS? Mail fraud—federal crime. Company does business in multiple states? Federal prosecutors claim interstate commerce jurisdiction.
State charges come from the Los Angeles County District Attorney’s Office. If your conduct was entirely within California, with no federal nexus, you face prosecution at Beverly Hills Courthouse at 9355 Burton Way for misdemeanors, or Airport Courthouse or downtown LA Superior Court for felonies. The DA handles embezzlement, fraud, and other white collar cases under California Penal Code.
Federal charges trigger when your conduct crossed state lines, used interstate commerce (internet, phone, mail), involved federal agencies like Medicare or the SEC, involved large amounts typically $500,000 or more, or affected multiple victims across states. Federal agencies that investigate Beverly Hills white collar crimes include the FBI Los Angeles Field Office on Wilshire Boulevard, IRS Criminal Investigation Division, SEC Los Angeles Regional Office, and USPS Inspection Service for mail fraud.
The difference between state and federal prosecution determines your life. State defendants can receive probation for first offenses. State prison sentences include good time credits—you serve approximately 50% of your sentence. Federal sentences have no parole. Congress abolished federal parole in 1987. You serve minimum 85% of your federal sentence. Federal mandatory minimums mean judges cannot sentence below the statutory minimum regardless of circumstances. A Beverly Hills CFO sentenced to 3 years in state prison serves 18 months. The same CFO sentenced to 20 years in federal prison serves 17 years minimum. Twenty years. No parole.
California Penal Code Section 503 punishes embezzlement as a felony with 16 months, 2 years, or 3 years in state prison. If you embezzled or committed fraud involving more than $100,000, California law adds aggravated penalties—additional prison time and fines. If losses exceed $500,000, California adds an additional 2, 3, or 5 years in state prison. First-time offenders with skilled defense counsel often receive probation instead of prison.
Federal penalties destroy lives. Mail fraud and wire fraud under 18 USC Sections 1341 and 1343 carry up to 20 years in federal prison. Twenty years. Fines reach $250,000 for individuals or $500,000 for businesses. Money laundering carries lengthy federal sentences that vary based on the amount laundered. You serve minimum 85% of any federal sentence. A 20-year sentence means you serve 17 years minimum. No parole. No early release. You enter federal prison in your 40s and leave in your 60s.
Asset forfeiture shocks white collar defendants more than the prison sentence. Federal prosecutors and California prosecutors can seize your house, cars, and bank accounts under forfeiture laws. The seizure happens before trial. You haven’t been convicted. You’re presumed innocent. But the government takes your life savings, your home, and your ability to pay for a defense attorney. This violates due process—the Constitution’s promise that you’re innocent until proven guilty becomes meaningless when federal agents empty your bank accounts before you’ve been convicted of anything. Professional consequences end careers. A white collar conviction costs you your CPA license, attorney license, medical license, or securities licenses. Professional licensing boards revoke licenses even for misdemeanor convictions. Even if you receive probation with no prison time, your career is over. A Beverly Hills investment advisor convicted of securities fraud will never manage money again. Never. A CFO convicted of embezzlement will never work in finance again.
The FBI called you. They said they want to ask some questions. They said you’re not a target, you’re a witness. They’re lying. Federal prosecutors and FBI agents build cases for months before filing charges. If the FBI is calling you, you’re already under investigation. Every word you say to them will be used against you at trial.
There is no such thing as an “off the record” conversation with a federal agent. Everything you say goes into an FBI 302 report. The agent testifies about your statements at trial. If you lie to a federal agent—even about something immaterial to the investigation—you’ve committed a separate federal crime under 18 USC Section 1001. Lying to a federal agent carries 5 years in federal prison. You can be convicted of making false statements even if you’re never charged with the underlying crime they were investigating.
Beverly Hills white collar defendants make the same mistake: “I’m a professional. I have an MBA from Stanford. I can explain this to the FBI.” No. You can’t. You think you’re smart enough to talk your way out of federal prosecution. You’re not. Federal prosecutors are smarter, better prepared, and they don’t care about your explanation. They care about building a case. Every statement you make gives them evidence.
Early cooperation with federal prosecutors—when done correctly with an experienced federal defense attorney—can prevent charges from being filed or result in reduced charges. But cooperation without an attorney makes your case worse. You admit to conduct you didn’t commit. You implicate yourself in additional crimes. You provide evidence against yourself that prosecutors didn’t have. An experienced attorney evaluates what prosecutors know, what they can prove, and whether cooperation helps or hurts you. You cannot make that evaluation yourself.
Don’t make statements to federal investigators. Don’t make statements to IRS agents. Don’t make statements to SEC investigators. Don’t make statements. Assert your Fifth Amendment right against self-incrimination. Assert your Sixth Amendment right to counsel. These constitutional protections only work if you invoke them. Unlike other law firms who maintain relationships with prosecutors and prioritize those relationships, Spodek Law Group protects your constitutional rights first. We challenge illegal searches, suppress statements taken without proper warnings, and force prosecutors to prove every element of their case beyond a reasonable doubt. We are available 24/7 for a risk-free consultation. Call us. 212-300-5196.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS