White Collar Criminal Defense

Imagine waking up to a knock at your door, a warrant in hand, and the sudden realization that your reputation, career, and financial security are under threat. For many professionals and business owners in Sarasota, Manatee, and Desoto Counties, allegations of white collar crime can feel like a tidal wave—nonviolent yet devastating, with consequences rippling through every aspect of life. These cases often involve complex accusations of fraud, embezzlement, or other financially motivated offenses, where the stakes extend far beyond courtrooms to impact family, livelihood, and standing in the community. Not having a skilled White Collar Criminal Defense lawyer at the ready can mean the difference between weathering the storm, or lengthy prison terms

White collar criminal defense isn’t just about navigating legal statutes—it’s about protecting your future from charges that are as intricate as they are serious. Unlike street crimes, white collar offenses are typically prosecuted with sophisticated resources, requiring a defense rooted in deep legal experience and strategic insight. Having a knowledgeable advocate who understands both the prosecution’s approach and the nuances of Florida law is essential. White Collar Criminal Defense lawyer Michael Fayard is a former prosecutor and he has prosecuted and defended many complex white collar cases.

Within Sarasota’s legal community, Michael Fayard stands out for his rare dual perspective as both a former prosecutor and a seasoned defense attorney. His approach combines local courtroom familiarity with a comprehensive understanding of the tactics used by both sides—a crucial advantage when so much is at stake.

This guide unpacks what you need to know about white collar criminal defense in Sarasota: from clear definitions and the legal framework, to practical strategies, attorney selection tips, and answers to your most pressing questions. Whether you’re facing charges or seeking to understand your rights, the following sections are designed to equip you with the information—and confidence—you need to face the road ahead.

Understanding White Collar Crimes

White collar crimes occupy a distinct niche in the legal world: they’re nonviolent offenses driven by financial gain, often committed by trusted professionals or business insiders. At their core, these crimes rely on deception—misrepresenting facts, concealing assets, or abusing positions of power—to enrich the perpetrator. Though no one gets physically hurt, the fallout can be devastating, from shattered careers to crippling fines and prison time.

The term “white collar crime” was first coined by sociologist Edwin Sutherland in 1939 to describe wrongful acts by people of high social status during the conduct of their occupations. Today, that concept remains central as prosecutors and defense lawyers alike grapple with schemes that exploit complex financial systems. Understanding the historical roots and modern scope of these offenses is the first step in mounting an effective defense.

Defining White Collar Crimes

So, what exactly qualifies as a white collar crime? In plain terms, it’s any nonviolent offense carried out by a business or government professional that involves:

Deceit or intentional misrepresentation
Breach of trust or fiduciary duty
Concealment of material information or assets

This definition echoes Sutherland’s original formulation, emphasizing that the crime arises out of one’s occupation—not from street-level violence. For a deeper look at how these principles apply locally, visit our page on Sarasota white collar crime defense.

Common Types of White Collar Offenses

Below is a snapshot of the most frequent white collar charges:

Offense	Description	Typical Penalty*
Money Laundering	Concealing the origins of illegally obtained money	Felony: up to 30 years, fines up to $10,000
Credit Card & Insurance Fraud	Unauthorized use of payment cards or false insurance claims	Felony: up to 5 years, fines up to $5,000
Medicaid & Health Care Fraud	False billing or kickbacks in medical services	Felony: up to 5 years, fines up to $5,000
Embezzlement & Ponzi Schemes	Misappropriation of funds or investment fraud	Felony: up to 30 years, fines up to $10,000
Racketeering (RICO)	Participating in an ongoing criminal enterprise	1st-Degree Felony: up to 30 years, fines up to $10,000
Insider Trading & Bribery	Trading on nonpublic information or offering improper inducements	Felony: up to 30 years, fines up to $10,000
Cybercrimes, Forgery & Wage Theft	Hacking, document falsification, or withholding earned pay	Varies: Misdemeanor to Felony, 1–5 years, fines to $5,000

*These penalties are illustrative; actual sentences depend on offense specifics, prior record, and statutory enhancements.

Potential Penalties and Long-Term Consequences

Even a single count can trigger harsh penalties under Florida law:

Misdemeanor: Up to 1 year in jail, fines up to $1,000
Felony: Up to 30 years in prison, fines up to $10,000
First-degree felony (e.g., repeat offenses or losses over $50,000): Mandatory prison term, maximum fines

Beyond prison and fines, convictions carry collateral damage:

Loss of professional licenses and certifications
Civil lawsuits seeking restitution or punitive damages
Irreparable harm to reputation and future career prospects

Fortunately, defendants with clean records and successful outcomes may explore Florida’s expungement options to clear their criminal history.

With these fundamentals in hand, the next sections will delve into jurisdictional nuances, defense strategies, and how to choose the right Sarasota attorney for your white collar case.

Federal vs State Jurisdiction in White Collar Cases

White collar offenses can land in either federal or state courts, and the choice of jurisdiction dramatically affects how a case unfolds—from investigation tactics to sentencing ranges. Federal prosecutors often handle large-scale schemes that cross state lines or implicate federal statutes, while Florida state authorities focus on offenses rooted within the state’s statutes and local interests. Understanding which system applies is the first critical step in crafting an effective defense.

Federal White Collar Crimes

When alleged misconduct involves interstate communications, mail or wire fraud, violations of the Foreign Corrupt Practices Act (FCPA), or multi-jurisdictional financial schemes, federal agencies typically take the lead. Common features of federal white collar investigations include:

Charges under statutes like mail and wire fraud, money laundering, or securities fraud.
Enforcement by the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Federal Bureau of Investigation (FBI).
Use of grand juries for indictment and broad subpoena powers for documents and witness testimony.
Potential penalties far beyond state limits, including decades in prison and steep fines.

The FBI’s rigorous approach to nonviolent financial crime is detailed in their overview of the White-Collar Crime Program, which underscores the federal government’s resources and reach.

State White Collar Crimes in Florida

Florida’s State Attorney’s Offices prosecute offenses defined under the Florida Statutes when the conduct and victims are primarily within state boundaries. Illustrative state-level charges include:

Fraudulent schemes, identity theft, and credit card fraud under Chapters 817 and 812 of the Florida Statutes.
Medicaid and healthcare billing fraud involving state-administered programs.
Theft or embezzlement of business funds or assets.
Local prosecutions by the Sarasota, Manatee, or Desoto County State Attorney’s Office, with opportunities for early plea negotiations and diversion programs.

State courts rely on an “information” filing rather than a grand jury indictment and often move at a faster pace through pretrial and plea-bargaining stages. While Florida penalties can be severe, they generally top out at 30 years in prison and $10,000 in fines for first-degree felonies, with lower caps on felonies of lesser degrees.

Key Differences in Prosecution and Penalties

Below is a side-by-side look at how federal and state white collar cases diverge:

Aspect	Federal Court	Florida State Court
Charging Instrument	Grand jury indictment	Information (filed by State Attorney)
Investigative Authority	DOJ, SEC, FBI	County State Attorney, Florida law enforcement
Maximum Prison Sentence	Up to 30+ years per count, enhancements common	Up to 30 years per count (1st-degree felony)
Fine Structure	May exceed $500,000 or greater	Up to $10,000 per count
Asset Forfeiture	Broad civil and criminal forfeiture statutes	Forfeiture under state law, more limited
Plea Negotiations	Formalized guidelines under U.S. Sentencing	More flexible, local diversion programs
Appeal Routes	Federal appellate circuits	Florida District Courts of Appeal, Supreme Court

Choosing the right defensive strategy depends in part on anticipating which jurisdiction will prosecute your case—and tailoring motions, discovery demands, and negotiation tactics accordingly. In the next section, we’ll unpack how sentencing guidelines and enhancements further shape the stakes once charges are filed.

Navigating Sentencing Guidelines and Enhancements

When you’re charged with a white collar offense, sentencing doesn’t hinge solely on the crime itself but also on a numerical “offense level” calculated under the U.S. Sentencing Commission’s guidelines. These guidelines assign a base offense level, then adjust it upward for aggravating factors and downward for mitigating ones. While federal judges retain some discretion, they must start with these calculations—making it vital to understand how each factor can shift the final range.

The guideline process generally follows four steps:

Identify the base offense level (often guided by the nature and amount of loss in fraud cases).
Apply specific offense characteristic enhancements (for example, sophisticated means or victim impact).
Factor in adjustments for the defendant’s role and acceptance of responsibility.
Cross-reference any mandatory minimums or statutory caps that override guideline ranges.

By dissecting these steps—especially how loss is determined and which enhancements apply—you can spot opportunities to challenge the prosecution’s figures or present evidence that trims your offense level. The sections below break down the most common adjustments in white collar matters.

Understanding “Loss” in Sentencing Calculations

At the heart of most fraud-related sentencing calculations is “loss,” defined in Guideline §2B1.1 and its accompanying commentary. Two measures guide courts:

Actual Loss: The reasonably foreseeable pecuniary harm that actually resulted from the offense.
Intended Loss: The pecuniary harm the defendant knowingly sought to inflict, even if not realized.

For instance, if a scheme targeted $500,000 but only $100,000 was taken, a court may calculate loss based on the higher intended figure—depending on the evidence. Disputes often center on whether certain losses were “reasonably foreseeable.” Successfully challenging the government’s loss argument requires forensic accounting and targeted expert testimony.

For full definitions, consult the 2023 Guidelines Manual.

Loss Table and Offense Level Increases

Once loss is quantified, the Sentencing Table under §2B1.1(b)(1) prescribes offense-level increases. A simplified view of key tiers:

Loss Amount	Offense Level Increase
More than $6,500	+2
More than $150,000	+8
More than $1,500,000	+16

For example, a $200,000 loss adds 8 levels to the base offense. That shift can move a sentencing range from roughly 18–24 months to 33–41 months, dramatically altering potential outcomes.

Additional Sentencing Enhancements and Mitigating Factors

Beyond loss, other adjustments can raise or lower the offense level:

Enhancements:

+2 levels for Sophisticated Means (e.g., use of multiple shell entities).
+2 to +4 levels for Victim-Related Factors (vulnerable victims, large number of victims).
+4 levels for Role in the Offense (organizer or leader of the criminal activity).

Mitigating Adjustments:

–2 levels (–3 in rare cases) for Acceptance of Responsibility, when you plead early and cooperate.
Possible downward departures for post-offense rehabilitation, severe health conditions, or other extraordinary circumstances.

Actionable Tip: To maximize mitigating adjustments, work with your attorney to gather character letters, document community contributions, and assemble proof of cooperation—such as early voluntary disclosure or assistance in investigations. Engaging forensic experts early can also uncover weaknesses in the government’s enhancement claims, setting the stage for more favorable negotiations or pretrial motions.

By scrutinizing each guideline component and building targeted challenges, you can influence where your sentencing range begins. The following section examines enforcement trends and how they shape defense strategies in white collar cases.

White Collar Crime Enforcement Trends

Recent years have seen federal and state authorities ramp up investigations into financially motivated offenses, leveraging new tools and expanded mandates. For individuals and businesses in Sarasota, understanding these enforcement trends is critical—both to anticipate how your case might unfold and to tailor your defense strategy effectively. Below, we highlight key developments from the U.S. Department of Justice (DOJ) and evolving investigative techniques that shape today’s white collar landscape.

DOJ’s 2024 Fraud Section Year in Review

In 2024, the DOJ’s Criminal Division Fraud Section maintained an aggressive posture against alleged fraudsters:

Brought charges against 234 individuals, securing 252 convictions—reflecting a 25% increase in the average fraud value per case.
Achieved an 18% rise in corporate resolutions, with companies agreeing to deferred or non-prosecution agreements.
Pursued both high-profile executives and lower-level employees, signaling that no one is beyond the government’s reach.

According to a Reuters summary, these figures underscore the Fraud Section’s focus on complex schemes and its willingness to push for maximum penalties. For Sarasota defendants, this trend means local cases involving interstate wires or large-scale fraud may quickly draw federal interest—and with it, more rigorous discovery demands, grand jury subpoenas, and broader legal exposure.

Focus on Health Care Fraud and FCPA Units

Two specialized units within the DOJ have driven much of the recent enforcement activity:

Health Care Fraud Unit
- Filed 147 new cases in 2024, targeting false billing, kickbacks, and improper prescribing practices.
- Won judgments and settlements totaling $3.26 billion—one of the highest recovery amounts in recent history.
Foreign Corrupt Practices Act (FCPA) Unit
- Opened 23 criminal investigations, plus nine corporate inquiries into alleged bribery overseas.
- Secured over $1.68 billion in corporate fines and disgorgements, signaling that FCPA compliance remains a top global priority.

These results show prosecutors zeroing in on both individual misconduct and systemic compliance failures. A health care executive or international business operating in Sarasota must be prepared for subpoenas, parallel civil inquiries (e.g., CMS or OIG investigations), and coordination between U.S. agencies and foreign regulators.

Evolving Investigative Techniques

Enforcement agencies no longer rely solely on traditional wiretaps and informants. Recent investigative methods include:

Advanced data analytics and machine learning to flag suspicious transactions across multiple accounts.
Cross-border cooperation with international partners, accelerating evidence sharing and joint prosecutions.
Forensic accounting and digital forensics to reconstruct electronic trails—often years after the alleged misconduct.

White Collar Criminal Defense teams, like Attorney Michael Fayard and his team of investigators, counter these tactics by demanding early access to underlying data, retaining forensic experts to validate or challenge the government’s findings, and leveraging motion practice to narrow the scope of overly broad subpoenas. In Sarasota cases where accounting records or emails form the prosecution’s backbone, mounting a proactive response—complete with third-party expert analysis—can level the playing field before trial or plea negotiations begin.

Understanding these enforcement trends is essential for any white collar defendant. In the next section, we’ll walk through the initial steps you should take when facing an investigation or formal charges, ensuring you—and your attorney—start on the strongest possible footing.

Initial Steps in a White Collar Criminal Defense

Facing a white collar probe or formal charges can feel overwhelming—every phone call, email, or document request carries weight. Acting swiftly and deliberately is crucial. Before diving into strategy or evidence gathering, start with three core objectives: protect your rights, preserve critical information, and secure professional guidance. Below is a simple checklist to guide your first moves:

Exercise your right to remain silent; avoid volunteering statements to investigators.
Log every contact with law enforcement or regulatory agents (dates, names, topics).
Identify key players—partners, employees, consultants—who might have relevant information.
Suspend routine document destruction or email purges; preserve both physical and digital records.
Notify your lender or insurer of potential claims (if applicable) to protect coverage.

Taking these steps early reduces the risk of lost evidence, misunderstandings, or procedural missteps. Once you’ve secured your basic defenses, the next priority is finding the right attorney.

When to Hire a White Collar Criminal Defense Attorney

Don’t wait for a grand jury subpoena or a late-night knock on the door to call a lawyer. Early representation offers multiple benefits:

Immediate advice on how to handle interviews, subpoenas, and internal inquiries.
Guidance on communications—what to say, what to withhold, and how to preserve privilege.
Coordination of a unified response if multiple agencies or civil plaintiffs become involved.

Delaying counsel can lead to unintended admissions, missed deadlines, or spoliation claims over discarded files. A seasoned attorney can intervene at the first hint of an inquiry, steering you clear of common pitfalls.

Free Consultation and Case Evaluation for White Collar Criminal Defense Cases

Michael Fayard offers a no-cost initial consultation in all White Collar Criminal Defense cases to help you understand your situation without pressure. In this session, you’ll:

Review the known facts and any government communications.
Discuss potential charges and likely defenses under Florida and federal law.
Learn about the firm’s fee structures, payment plans, and bilingual support.

Scheduling is easy—visit https://www.fayard-law.com/ or call directly to set up a video or in-person meeting. Getting clarity on your options early lays the groundwork for a strong defense.

Gathering Key Documents and Evidence

A robust defense is different for white collar criminal defense cases, in that it turns on evidence—both to challenge the prosecution’s theory and to craft alternative narratives. Work with your attorney to collect and organize:

Financial records: bank statements, wire-transfer logs, loan documents.
Corporate files: board minutes, contracts, internal audit reports.
Electronic data: emails, text messages, server backups, cloud-stored files.
Third-party communications: invoices, vendor correspondence, customer agreements.

Maintain an unbroken chain of custody. That means creating copies (digital and hard copy), labeling files by source and date, and preserving metadata whenever possible. Early involvement of forensic accountants and IT experts ensures that your documents remain admissible and credible.

Taking these initial steps—asserting your rights, securing counsel, and locking down key records—sets the stage for every subsequent defense strategy. In the next section, we’ll explore how to build a comprehensive plan tailored to your case.

Building a Comprehensive Defense Strategy for White Collar Criminal Defense Cases

A well-rounded defense in a white collar criminal defense case goes beyond simply reacting to indictments. It combines procedural tactics, factual investigations, and strategic negotiations into a cohesive plan that anticipates the prosecution’s moves and leverages every available advantage. From early motion practice to expert analysis and plea discussions, each component must work in concert to protect your interests and minimize risk.

The first step is to map out all potential defense paths—challenging the government’s evidence at every turn, assembling credible counter-narratives, and keeping channels open for negotiations. Doing so requires close collaboration with your attorney, forensic professionals, and, when appropriate, character witnesses. Below, we break down the core elements of an effective strategy.

Investigative Motion Practice

Early motion practice can shape the case’s trajectory by narrowing the issues or even dismissing charges before trial. Common motions include:

Motion to Dismiss for Lack of Probable Cause: In federal court, this challenges whether the indictment sufficiently alleges each element of the offense. In state court, a similar motion can test the legal sufficiency of the charging affidavit or information. In State Court, in most white collar criminal defense cases, the judges at the first appearance hearing, if you did not make the required bond, the judge, in most cases, finds probable cause.
Motion to Suppress Evidence: If law enforcement obtained emails, financial records, or electronic devices without a valid warrant or exceeded the warrant’s scope, a suppression motion can keep that evidence out of trial.

Typical timelines require filing pretrial motions within weeks of arraignment in state court or 30 days after indictment in federal court. A successful motion can force the prosecution to reassess its case, often leading to reduced charges or alternate resolutions.

Factual and Expert Challenges

White collar prosecutions rely heavily on complex financial data and interpretive “loss” metrics. Effective countermeasures in white collar criminal defense cases include:

Retaining a forensic accountant to audit transactions, test the government’s loss calculations, and trace fund flows. Attorney Fayard routinely works with forensic accountants in complex cases involving asset tracing and related tasks.
Engaging an IT forensics specialist to authenticate emails and establish whether metadata supports—or contradicts—the prosecution’s timeline.
Consulting an industry expert who can explain standard business practices, lending context to disputed conduct (for example, why certain wire transfers were legitimate operating expenses).

By assembling precise, data-driven reports, your defense team can attack critical prosecution claims—showing that a purported $500,000 loss was actually an operational loan repaid in full, or that routine communications were taken out of context. These challenges often prompt prosecutors to drop inflated figures or reconsider the scope of charges.

Negotiating with Prosecutors: Plea vs. Trial

Even the strongest factual defense for white collar criminal defense cases must account for the reality that most white collar cases resolve through plea agreements. When weighing plea offers against the uncertainties of trial, consider:

Advantages of a Plea: Certainty of outcome, capped sentencing recommendations under the U.S. Sentencing Guidelines or local state guidelines, and avoidance of a protracted—and publicly visible—trial.
Drawbacks of a Plea: Permanent conviction on your record, mandatory acceptance of responsibility without the benefit of a formal acquittal, and potential disruption to professional licensure.
Choosing Trial: If witness credibility is weak, key documents are clearly exculpatory, or jury sympathy may lean in your favor, taking the case to trial can result in acquittal or hung jury—which may bring the prosecution back to the table with improved terms.

Negotiations often hinge on detailed discovery requests and expert reports to demonstrate the strengths of your case. A defense that presents well-supported factual challenges and articulates the risks of proceeding to trial can secure more favorable plea bargains—sometimes cutting recommended sentences by half or persuading prosecutors to drop counts altogether.

By weaving motion practice, expert analysis, and strategic negotiation into a single framework, your white collar defense gains flexibility and resilience. In the next section, we’ll discuss how to select the right Sarasota attorney to guide you through this intricate process.

Selecting Your Sarasota White Collar Criminal Defense Lawyer

Finding the right attorney is about more than good reviews or flashy websites. In white collar criminal defense cases, you need a lawyer whose experience, resources, and local know-how align with the unique challenges of your situation. From vetting credentials to comparing firm sizes and understanding billing structures, these decisions can shape the outcome of your defense and the impact on your personal and professional life.

Essential Attorney Qualifications

When evaluating potential counsel, look for hard evidence of white collar expertise:

Former prosecutorial roles. Attorneys who once worked for the State Attorney’s Office or Assistant State Attorney bring insider perspective on how cases are built.
Trial and negotiation track records. Ask about verdicts, plea bargains, dismissals, and sentence reductions in similar cases.
Specialized practice focus. A lawyer dedicated to nonviolent, financially motivated offenses will know the latest statutes, sentencing guidelines, and investigative tactics.
Strong writing and research skills. White collar defense rests on complex briefs, motions, and expert reports—so clear, persuasive legal writing is essential.

During your initial consultation, you might ask: “How many white collar cases have you taken to trial?” or “Can you share examples of motions you filed to suppress evidence in fraud matters?” Their answers reveal both depth and style of advocacy.

Boutique vs. National Firm Considerations

Choosing between a boutique defense firm and a large national practice involves weighing resources against personal attention:

National firms typically offer broad bandwidth: deep investigation teams, extensive expert panels, and multi-jurisdictional reach. Their fees, however, can be substantially higher.
Boutique firms tend to deliver tailored service, with partners personally handling every phase of your case—at more flexible rates. They may have fewer in-house experts but collaborate with trusted specialists as needed.

At Fayard Law, we blend the best of both worlds. Our practice stays lean and client-focused, yet taps into a network of forensic accountants, IT experts, and appellate specialists. For a detailed comparison, visit our page on white collar crime attorneys.

Local Expertise and Court Relationships

White collar matters in Sarasota, Manatee, and DeSoto Counties move through familiar hallways—and knowing the players can be a real advantage:

Insight into local judges’ chambers and procedural preferences helps craft arguments more likely to resonate in pretrial hearings.
Established rapport with prosecutors can open doors for early negotiations, diversion programs, or constructive plea discussions.
Familiarity with county-level discovery rules and courtroom protocols means you avoid technical pitfalls that can delay or derail your defense.

An attorney’s reputation in local legal circles often translates to smoother motion practice schedules, prompt hearing dates, and stronger lines of communication when time is of the essence.

Fees, Payment Plans, and Bilingual Services

Transparent, fair billing can reduce stress at a time when budgets and deadlines are tight:

Fee structures may include hourly rates, flat fees for defined phases (e.g., motion practice), or hybrid arrangements. Clarify what’s included—drafting, court appearances, expert fees, and administrative costs.
Payment plans spread costs over the life of your case, avoiding large up-front retainers. Ask about installment options or deferred payment based on case milestones.
Se habla Español. For Spanish-speaking clients, bilingual services ensure nothing gets lost in translation, whether you’re discussing complex regulations or negotiating with investigators.
Video consultations bring flexibility—especially valuable if you’re traveling or juggling business commitments.

Before you commit, request a written fee agreement outlining services, payment schedules, and policies on additional expenses. That clarity lets you focus on your defense, not the billing.

Selecting a Sarasota white collar defense lawyer involves careful research, candid conversations, and a clear sense of what matters most to you—whether it’s courtroom experience, local connections, or financial flexibility. With these criteria in hand, you can choose counsel who will stand beside you through every challenge of your case.

Why Michael Fayard is Sarasota’s Expert Choice

When the stakes are high, you need more than a run-of-the-mill defense lawyer. Michael Fayard brings a rare combination of insider knowledge, courtroom prowess, and hands-on client service to every white collar case in Sarasota, Manatee, and DeSoto Counties. His background, results-driven approach, and commitment to clear communication set him apart as the go-to advocate for professionals and business owners facing complex, financially motivated charges.

Dual Experience as Prosecutor and Defense Attorney

Before transitioning to private practice, Michael Fayard served as both an Assistant State Attorney and a Deputy Prosecuting Attorney in Florida. That tenure on the prosecution side means he knows how grand juries are assembled, which evidence patterns attract the most scrutiny, and what it takes to persuade a jury. On the defense side, he leverages those insights—anticipating the government’s strategy, pinpointing weaknesses in their case, and crafting motions that can erase or limit damaging evidence.

Proven Results in White Collar Matters

Fayard’s track record speaks for itself. He has secured dismissals of major fraud counts, negotiated significant charge reductions, and brought multimillion-dollar loss figures down to more manageable levels. In cases where prison time seemed almost certain, he has achieved probationary outcomes or alternative sentencing. Consistency is key: clients trust him to deliver tangible results rather than generic promises.

Personalized Representation and Accessibility

With Michael Fayard, you’re never just a case number. He maintains a deliberately limited caseload, ensuring he can invest the time and energy each matter demands. Clients reach him directly—by cell phone, email, or secure video call—without getting routed through a maze of assistants. That level of accessibility fosters trust and keeps everyone on the same page, even when deadlines are tight.

Bilingual and Flexible Client Services

Se habla Español. Fayard Law offers bilingual support throughout the entire defense process, from explaining complex statutes in plain Spanish to preparing Spanish-language briefs when needed. Video consultations add another layer of convenience, letting out-of-town clients or busy professionals meet with Michael Fayard on their own schedule. This flexibility removes barriers and keeps your defense moving forward without unnecessary delays.

Ancillary Civil and Administrative Consequences

A criminal conviction for a white collar offense often sparks related civil suits, regulatory inquiries, and professional discipline. These parallel proceedings can multiply risk—draining resources, complicating negotiations, and threatening licenses or business relationships. A proactive defense doesn’t stop at the courthouse door; it anticipates collateral exposure and seeks to minimize it at every turn.

Civil Lawsuits and Asset Forfeiture

After a criminal verdict, victims or class-action plaintiffs may file civil claims for restitution or punitive damages. Unlike criminal courts, civil juries assess liability under a lower burden of proof (“preponderance of the evidence”), which means you could face significant monetary judgments even if acquitted criminally. Common civil actions include:

Victim-initiated fraud or breach-of-fiduciary-duty suits
Securities class actions for misstatements or omissions
Contract-based claims where improper billing or transactions are alleged

Meanwhile, asset forfeiture—whether civil or criminal—threatens to strip property tied to the alleged offense. Defense tactics often involve:

Early intervention in forfeiture proceedings to challenge probable cause
Demonstrating innocent ownership or equitable interest in property
Negotiating hardship petitions or settlement agreements to retain essential assets

By coordinating with civil counsel and engaging forensic accountants, you can present a unified front that protects both your criminal and financial interests.

Regulatory Actions and Administrative Sanctions

Licensed professionals and businesses face scrutiny from regulatory bodies like the Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), or state administrative agencies. These proceedings differ from criminal cases in key ways:

Evidentiary Standard: Often “preponderance” or “clear and convincing” rather than “beyond a reasonable doubt.”
Procedure: Administrative law judges, confidential investigations, expedited timelines.
Potential Penalties: License suspensions, monetary fines, censure, or industry bans.

A defense strategy here may include requesting stays of administrative action pending criminal resolution, negotiating tolling agreements, or mounting challenges to investigatory subpoenas. Close alignment between criminal defense and regulatory counsel helps ensure consistent messaging and avoids waiving privileges.

Disciplinary Proceedings and Professional Licenses

White collar allegations can jeopardize professional credentials—bar admissions, real estate licenses, healthcare permits, and more. Boards and commissions conduct separate reviews that focus on ethics violations and fitness to practice. To safeguard your career:

Engage specialized administrative law counsel early to navigate hearing procedures.
Compile character references, performance evaluations, and proof of rehabilitation.
Explore diversion or monitoring programs that satisfy board requirements without public discipline.

By demonstrating proactive remediation and compliance, you improve the odds of retaining or swiftly reinstating your license.

Record Sealing and Expungement Post-Conviction

If you resolve criminal charges without conviction—or complete a diversion program—you may qualify to seal or expunge records under Florida law. Eligible nonviolent misdemeanors and certain felonies can be removed from public view after meeting waiting-period requirements. The process involves:

Confirming eligibility based on offense type and prior history.
Filing a petition with the circuit court and serving the State Attorney’s Office.
Attending a hearing (if contested) and obtaining a sealing order.

Securing expungement clears your record for future employment, professional licensing, and personal peace of mind. For a step-by-step guide, see our overview of expungement options.

Frequently Asked Questions About White Collar Defense

What is Considered a White Collar Criminal?

A white collar criminal is typically a business or government professional who commits nonviolent, financially motivated wrongdoing. These offenses hinge on deceit or breach of trust—think falsifying financial records, misappropriating funds, or insider trading rather than physical force. The term dates back to sociologist Edwin Sutherland’s 1939 definition, and it remains the benchmark for understanding these crimes today. For more on how this applies in Sarasota, see our page on Sarasota white collar crime defense.

What Does White Collar Defense Mean?

White collar defense refers to the legal representation provided to individuals or businesses accused of nonviolent financial crimes. It encompasses everything from protecting your rights during early interviews, to challenging evidence in court, to negotiating plea agreements or taking a case to trial. Skilled white collar lawyers combine forensic accounting, regulatory knowledge, and strategic motion practice to dismantle or mitigate charges. For an overview of this practice area, explore a detailed definition of white collar defense.

Is There a White Collar Crime Unit?

Yes. The Federal Bureau of Investigation (FBI) maintains a dedicated White-Collar Crime Program that investigates complex schemes like mail and wire fraud, money laundering, and public corruption. At the Department of Justice, the Fraud Section—often in partnership with the Securities and Exchange Commission (SEC)—takes the lead on major cases, using grand jury subpoenas, data analytics, and cross-jurisdictional cooperation. Understanding how these units operate is key to mounting a defense that addresses every investigative angle.

Securing Your White Collar Defense

Protecting yourself against white collar allegations boils down to three critical steps: recognizing the charges you face, securing expert legal counsel, and crafting a defense plan tailored to your situation. By moving quickly—before interviews, subpoenas, or press reports take on a life of their own—you preserve key evidence and maintain control over your narrative. A delay can mean lost documents, missed deadlines, and forfeited arguments that might otherwise work in your favor.

Local expertise makes all the difference. Sarasota’s legal community has its own rhythms and relationships, and a lawyer who knows the judges, prosecutors, and procedural quirks in Sarasota, Manatee, and DeSoto Counties can guide you through pretrial motions, negotiations, and hearings with confidence. When your attorney has firsthand experience on both sides of the courtroom, you benefit from insider perspective and can anticipate the government’s next move.

Ready to take action? Michael Fayard offers a no-cost, no-obligation free consultation to evaluate your case, explain your options, and outline a practical defense strategy. Reach out today—early intervention can be the key to putting white collar charges behind you and protecting your reputation, career, and future.