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White Collar Crime Investigation Process

White Collar Crime Investigation Process Explained

White collar crimes rarely begin with flashing police lights or a public arrest. They usually initiate quietly, often with a document request, an internal complaint, or questions from a government agency. Investigations can take months or even years, and early missteps can have long-lasting consequences for your business, career, and reputation. That’s why it’s important to understand how white collar crime investigations unfold from the very first contact with authorities.

A person is concerned about a white-collar crime investigation in Upstate and Columbia, SC
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What Is White Collar Crime?

White collar crime refers to non-violent offenses that involve deception or breach of trust for financial or commercial gain. These offenses occur in business, government, or professional settings and can affect investors, employees, customers, or entire industries.

Unlike traditional criminal matters, which typically begin with an arrest, white collar crime cases usually start with an investigation. Agencies seek evidence of wrongdoing and explore every detail before resorting to an arrest or indictment.

 

Types of White Collar Crime

White collar crime comes in many forms. Common offenses include:

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Securities fraud

The illegal misrepresentation or omission of information to manipulate markets or investor decisions.

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Healthcare fraud

Falsifying medical claims or using billing schemes to collect payments from insurance companies or government programs.

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Corporate fraud

Manipulating accounts, falsifying statements, or engaging in other schemes to mislead investors, customers, or partners.

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Money laundering

Concealing the origins of illicitly obtained funds through a series of transactions.

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Embezzlement

Misappropriating funds for personal use.

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Bribery and public corruption

Offering, giving, or receiving something of value to sway an official decision or action.

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Agencies Involved in White Collar Crime Investigations

Investigations may involve local, state, and federal authorities, often working in tandem to investigate complex matters. These include:

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Federal Bureau of Investigation (FBI)

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Securities and Exchange Commission (SEC)

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Internal Revenue Service (IRS)

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Department of Justice (DOJ)

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U.S. Attorney’s Offices

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State Attorneys General

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Local law enforcement

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Step-By-Step White Collar Crime Investigation Process

Understanding the phases of a white collar crime investigation helps you know what to expect. While no two cases are identical, the following milestones often apply:

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Trigger or initial lead

Investigations often begin with tips from whistleblowers, suspicious audits, regulatory findings, or financial irregularities.

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Preliminary inquiry

Investigators assess whether there is sufficient information to warrant a full investigation.

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Evidence collection

Agents use subpoenas, document review, interviews, and financial analysis to gather evidence.

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Grand jury activity

In federal cases, prosecutors may seek a grand jury subpoena to compel the production of evidence or testimony.

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Target notification

The individual or entity in question may be formally notified that they are the focus of an investigation, often through a letter or an in-person visit.

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Search warrants or seizures

When probable cause exists, investigators may obtain court orders to search for and seize evidence.

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Review and assessment

Prosecutors and agents evaluate the collected evidence and decide whether to pursue charges.

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Indictment or decline

The case may proceed to a grand jury indictment, or prosecutors may choose not to file charges.

How an Experienced White Collar Crime Attorney Can Help

A white collar crime investigation shines a spotlight on every decision you make. That’s why you need a white collar crime lawyer to protect your rights and help you navigate the legal process.

Your lawyer’s job is to evaluate how evidence is being gathered and where the prosecution’s theory is flawed. This includes challenging subpoenas, questioning the scope of document requests, and identifying procedural errors. Your lawyer can also coordinate responses to subpoenas and other legal demands to help you avoid self-incriminating statements or disclosures.

A white collar crime defense attorney also guides you when speaking with investigators, negotiating with prosecutors, and deciding whether a case should be settled out of court or prepared for trial. From preserving records to managing government communications, the goal stays the same: limit your exposure, protect your position, and build a defense that reflects the facts.

 

Seek Legal Advice Today

When your business or personal reputation is at stake, you need an experienced white collar crime attorney in your corner. Wilkins Davis Attorneys at Law draws on more than 50 years of practice in high-stakes legal matters, including defending clients in serious criminal, corporate compliance, and regulatory investigations. Our team includes former federal prosecutors and trial advocates with a legacy of leadership and courtroom skill that few firms can match. If you just learned you’re the subject of a white collar crime investigation in Upstate and Columbia, SC, contact our office today to protect your rights.

 

FAQs

What should I do if I receive a subpoena in a white collar case?

Respond promptly, but consult a white collar crime attorney before producing documents or testifying.

 

Can state and federal agencies investigate the same conduct?

Yes. Both state and federal authorities may have concurrent jurisdiction over conduct that violates laws at different levels.

 

Is it possible to avoid criminal charges after an investigation?

Skilled legal counsel can sometimes negotiate to close the investigation without charges or to resolve the matter short of a criminal filing.

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“At Wilkins  Davis, we bring the same dedication and tenacity I honed as Solicitor to every client we serve. Our firm is built on a foundation of trust, integrity, and a relentless pursuit of justice, ensuring that each individual receives personalized attention and robust representation tailored to their needs. We’re here to guide you through life’s toughest moments with compassion and expertise, delivering results that matter.”
 
— Walt Wilkins
 

Meet William W. “Billy” Wilkins

Practice Areas:
Shareholder Litigation, Business & Commercial Disputes, Litigation, Alternative Dispute Resolution, Appellate, Government Investigations & White Collar Defense

William W. “Billy” Wilkins is a former Chief Judge of the United States Court of Appeals for the Fourth Circuit, former United States District Judge, and the first Chair of the United States Sentencing Commission. His legal and public service career spans more than five decades and includes landmark contributions to federal sentencing policy, military service, and leadership in both the judiciary and the private sector.

Career Timeline

Early Legal & Public Service

  • Native of Greenville, SC

  • Clerked for a federal appeals court judge and served as a legislative assistant to a U.S. Senator

  • Elected Solicitor (District Attorney), 13th Judicial Circuit (1974); re-elected in 1978

  • Established South Carolina’s first:

    • Joint state-federal task force

    • Victim-Witness Assistance Program

    • Child Abuse Prosecution Unit

    • Pretrial Diversion Program

  • Honored annually through the “Billy Wilkins Award for Excellence in Law Enforcement”

Federal Judicial Service

  • Appointed by President Reagan as U.S. District Judge, District of South Carolina (1981)

  • Named first Chair of the U.S. Sentencing Commission (1985–1994)

  • Appointed U.S. Circuit Judge, Fourth Circuit Court of Appeals (1986)

  • Elevated to Chief Judge, Fourth Circuit (2003–2007); took senior status in 2007

  • Chair, Committee on Criminal Law (appointed by Chief Justice Rehnquist)

  • Member, Judicial Conference of the United States

Academic Roles

  • Taught Criminal Law & Procedure, Constitutional Law, and Family Law for 24 years at Greenville Technical College

Education

  • J.D., University of South Carolina School of Law

    • Editor-in-Chief, South Carolina Law Review

    • Captain, Moot Court Team

    • Order of Wig and Robe

    • Outstanding Graduate of the Year

Military Service

  • 27 years of combined service in U.S. Army (active/reserve) and South Carolina National Guard

  • Served in the Judge Advocate General’s Corps and as State Judge Advocate

  • Retired Brigadier General

  • Recipient, Legion of Merit for Meritorious Service

Community & Professional Involvement

  • Certified Arbitrator, American Arbitration Association (2009–present)

  • Permanent Member, Judicial Conference of the United States

  • Member, National Association of Criminal Defense Lawyers

  • Member, American Bar Association

  • Member, South Carolina Bar

Honors & Awards

  • Best Lawyers in America® (2025): Appellate Practice, Bet-the-Company Litigation, Criminal Defense: White-Collar

  • Honorary Doctor of Laws: University of South Carolina, Charleston School of Law, Anderson University

  • Honorary Doctor of Public Service: Coastal Carolina University

  • Martindale Hubbell “AV Preeminent” Rating

  • ABA Lifetime Achievement Award

  • Order of the Palmetto, S.C.'s highest civilian honor

  • Exemplary Service Award, SC Chapter, American Board of Trial Advocacy

  • Best Lawyers in America: White-Collar, Bet-the-Company, and Appellate (since 2010)

  • Chambers USA: “America’s Leading Lawyers for Business” (since 2010)

  • “Lawyer of the Year,” Greenville, SC – Best Lawyers (2013, 2014, 2016, 2020–2025)

  • “Legal Elite of the Upstate,” Greenville Business Magazine (multiple categories, 2016, 2018–2020, 2022–2024)

  • “Top Lawyers,” TALK Greenville Magazine (2022–2024)

  • “Top 25 South Carolina Super Lawyers,” Thomson Reuters (2012–2020)

  • International Compliance & Ethics Award, Society of Corporate Compliance & Ethics (2018)

  • “Top 25 Attorneys in SC,” Columbia Living Magazine (2017)

  • Trial and Appellate Advocacy Award, South Carolina Bar (2013)

  • Compleat Lawyer Platinum Award, USC Law Alumni Council (2012)

  • Featured in The Greenville Journal cover story: “The Life and Trials of William Walter Wilkins” (2011)

  • Keynote Speaker, Southern High Court Conference: “How Court Decisions Impact Economic Development” (2011)

  • Instrumental in securing Boeing’s move to North Charleston, SC; publicly credited by Senate President Pro Tempore Glenn McConnell and featured in Columbia Regional Business Report (2010)

Publications & Speaking

Judge Wilkins has testified before numerous Congressional committees and lectured across the U.S. and internationally. His authored works include:

  • Discovery of Existence and Amount of Defendant's Insurance Policy, 17 S.C.L. Rev. 750 (1965)

  • Lockouts: Return to the Common Law Ruling, 18 S.C.L. Rev. 299 (1966)

  • The Family Purpose Doctrine, 18 S.C.L. Rev. 638 (1966)

  • Plea Negotiations and Sentencing Guidelines, 23 Wake Forest L. Rev. 181 (1988)

  • Sentencing Reform and Appellate Review, 46 Wash. & Lee L. Rev. 429 (1989)

  • Relevant Conduct: The Cornerstone of the Guidelines, 41 S.C.L. Rev. 495 (1990)

  • The U.S. Sentencing Commission: Its Many Missions, 55 Federal Probation 26 (1991)

  • The Sentencing Reform Act of 1984, 2 Crim. L. Forum 355 (1991)

  • The Federal Sentencing Guidelines: Striking a Balance, 25 U.C. Davis L. Rev. 571 (1992)

  • Comments on Federal Sentencing Guidelines Symposium, 29 Am. Crim. L. Rev. 795 (1992)

  • The Role of Amendments in Reducing Disparity, 50 Wash. & Lee L. Rev. 63 (1993)

  • Competing Sentencing Policies in a Drug Era, 28 Wake Forest L. Rev. 305 (1993)

The Legal, Political, and Social Implications of the Death Penalty, 41 U. Richmond L. Rev. 793 (2007)

Meet Lane Davis

Lane Davis is a seasoned litigator with a practice spanning a broad range of complex civil litigation, including business torts, health care and managed care disputes, securities, ERISA, employment, trade secrets, non-compete litigation, RICO, public corruption, wrongful death, product liability, utility disputes, class actions, professional negligence, and FLSA collective actions.

Lane represents an equally diverse array of clients, including product manufacturers, hospital systems, health benefit coordinators, federal contractors, public utilities, municipalities, law enforcement agencies, public officials, lenders, chemical companies, nonprofits, and individuals.

Known for his strategic mindset, creativity, and courtroom acumen, Lane approaches each case with a problem-solving mentality that goes beyond conventional tactics. He has significant trial experience and has managed litigation in at least 13 jurisdictions across the country.

Lane has been recognized by Greenville Business Magazine as a “Legal Elite of the Upstate” in multiple categories, including Business Litigation, Corporate Investigations, and Government Relations. He is also listed in The Best Lawyers in America for Commercial Litigation and Personal Injury Litigation.

He earned his J.D. from Emory University School of Law, where he received the Certificate of Excellence in Criminal Litigation, and his undergraduate degree from Boston College.

Representative Cases

Class Action & Collective Action Litigation

  1. Defeated class certification in a federal ERISA case with over $15M at stake, resolving the matter favorably mid-trial.
  2. Achieved dismissals with prejudice in class actions involving product exposure and toxic torts in U.S. Virgin Islands and West Virginia.
  3. Prosecuted class action to secure declaratory and injunctive relief, shielding client from $50M in potential liability.
  4. Obtained summary judgment in pricing discrimination case for utility client.
  5. Limited scope of FLSA collective actions in multiple jurisdictions, leading to favorable settlements for national retailers and managed care providers.
  6. Obtained dismissal with prejudice in a federal class action alleging violations of RICO and ERISA.
  7. Obtained favorable settlement terms in nationwide data breach case pending in multi-district litigation.Obtained dismissal and favorable results in multiple actions brought under the Fair Labor and Standards Act.

Health Care & Managed Care Litigation

  • Secured dismissal of federal suit brought by insurer against health benefits manager.
  • Recovered nearly $3M in unpaid claims in multi-year, multi-state litigation.
  • Represented major hospital system in litigation challenging corporate restructuring.
  • Guided managed care client through high-stakes vendor termination involving data exposure and IT continuity.

Business & Tort Litigation

  • Blocked fraudulent takeover of renewable energy project supporting scholarships for underprivileged youth.
  • Secured $11M settlement against a global pharmaceutical company via federal court injunction.
  • Won defense verdicts in multi-million dollar contract interference and franchise disputes.
  • Obtained judgments and injunctive relief in cross-border fraud and commercial contract disputes.
  • Halted improper municipal zoning efforts threatening national restaurant and retail chains.

Employment & Non-Compete Disputes

  • Defended public officials, national employers, and manufacturers in severance, discrimination, and restrictive covenant cases.
  • Defeated claims and obtained favorable resolutions in trade secret and injunctive relief matters.
  • Navigated complex contempt proceedings involving out-of-state non-compete enforcement.

Public Entity & Governmental Litigation

  • Secured defense verdicts and favorable settlements in public corruption, regulatory, and constitutional claims.
  • Obtained sanctions and court orders against state agencies for discovery violations.
  • Litigated public nuisance claims, civil rights defenses, and regulatory takings for utilities and municipalities.
  • Represented government attorneys and departments in high-profile Section 1983 and post-conviction proceedings.

Product Liability & Wrongful Death

  • Eliminated liability in multi-fatality fire case against a national retailer.
  • Secured summary judgment in aircraft defect litigation involving zinc-coated bolts.
  • Conducted successful pre-litigation defense investigations in catastrophic injury matters.

Probate & Fiduciary Litigation

  • Achieved favorable settlements in will contests and fiduciary malfeasance claims involving multimillion-dollar estates.
  • Recovered assets misappropriated from incapacitated individuals.

Other Notable Litigation

  • Defended and prevailed in Hague Convention child abduction case.
  • Obtained favorable outcomes in privacy torts, defective construction, and child abuse litigation.
  • Recovered over $1M in settlement for construction defects; prosecuted abuse claims on behalf of children harmed in a franchised daycare.

Recognition

  • Legal Elite of the Upstate, Greenville Business Magazine (2024)

The Best Lawyers in America – Commercial Litigation and Personal Injury Litigation – Defendants

Meet Walt Wilkins

Walt Wilkins was born and raised in Greenville, South Carolina. He graduated from Wofford College in 1996 and earned his law degree from the University of South Carolina School of Law in 1999.

Walt began his legal career as an in-house attorney for Lockheed Martin Aircraft in Córdoba, Argentina. In 2000, he returned to Greenville to join the law firm of Leatherwood, Walker, Todd & Mann, where he focused on civil litigation, criminal defense, and immigration law. During this time, he also served as an adjunct professor at Greenville Technical College and was recognized as the 2003 “Young Lawyer of the Year” by the American Board of Trial Advocates.

In 2005, Walt was appointed Assistant United States Attorney in the Greenville office, where he prosecuted a wide range of complex federal crimes. His work included one of the largest mortgage fraud cases in the district, a large-scale illegal gambling operation resulting in a major forfeiture, and a high-profile human trafficking case. He received multiple awards for his prosecutorial excellence, including the U.S. Secret Service Award for Outstanding Prosecution, the U.S. Attorney’s Award for Outstanding Prosecutor, and recognition for Outstanding Contribution to the Asset Forfeiture Program. Walt is also a permanent member of the 4th Circuit Judicial Conference.

On May 7, 2008, President George W. Bush appointed Walt as the United States Attorney for the District of South Carolina. He was confirmed by the U.S. Senate and became the state’s 49th U.S. Attorney. In this role, he served as South Carolina’s chief federal prosecutor and chaired the District’s Law Enforcement Coordinating Committee. His top priorities included violent crime, gang activity, and white-collar crime. Under his leadership, several of the most violent and organized gangs in the state were dismantled in collaboration with state and local law enforcement agencies.

In 2010, Walt was elected Solicitor for South Carolina’s 13th Judicial Circuit, serving Greenville and Pickens counties. Sworn in January 2011, he served three terms and remained in office until 2023, making him one of the longest-serving solicitors in state history. As Solicitor, he launched a number of key initiatives, including the Worthless Check Program, a Sex Crimes Prosecution Unit focused on crimes against children, and the expansion of the Juvenile Arbitration Program into Greenville County. He was appointed to the South Carolina Commission on Prosecution Coordination by Governor Nikki Haley.

In 2019, Walt helped launch the Greenville County Multi-Jurisdictional Drug Enforcement Unit (DEU) alongside Sheriff Johnny Mack Brown and local police chiefs. This initiative brought together multiple agencies to target drug crimes with the shared goal of creating a safer community for Greenville County residents.

Walt is widely respected for his leadership, legal acumen, and commitment to public service. He brings to Wilkins Davis a deep understanding of both the federal and state justice systems and decades of trial experience in some of the most complex and high-profile cases in South Carolina and beyond.

Walt is married to the former Donyelle Burton, and together they have three children.