The Role of Cooperation in White-Collar Crime Plea Deals
For those charged federally for a white-collar crime, there are few factors that can carry as much weight in a plea agreement as cooperation. An individual who is willing to assist in criminal investigations is more likely to be given much more favorable terms in a plea deal. If you are unsure what cooperation entails and how it will impact the outcome of your case when facing federal white-collar crime charges, it is important that you speak to an experienced Dallas, TX white-collar crime lawyer.
What Is Involved in Cooperation?
Cooperation in a federal white-collar crime can take many forms, depending on your role in the white-collar crime, the extent of the crime, and the victims involved. If you agree to cooperate, this means you will provide accurate, truthful information or evidence to federal prosecutors. This can include one or more of the following:
- You will materially participate in the investigation to uncover evidence, providing relevant information that will help prosecutors establish probable cause for an arrest warrant.
- You will provide information that could include documents, records, phone calls, or emails that pertain to a search warrant or grand jury investigation.
- You may be asked to testify in open court or before a grand jury against your own co-defendants or other individuals.
- You could be asked to clarify the context of the overall criminal conduct.
Why Do Prosecutors Trade Decreased Penalties for Cooperation?
Prosecutors are always looking for the "bigger fish" in any investigation. If your role was a relatively small one in the white-collar crime, but you have evidence that would help the prosecutor arrest a person with a much bigger role, then your cooperation could allow you to have the best outcome possible for your own charges.
The organizers or leaders of a criminal scheme will always be higher-priority targets. If you have pertinent or sensitive information that could help prosecutors bring down a much bigger organization or uncover broader patterns of criminal offenses, then you have value as a cooperator.
What Are the Benefits of Cooperating?
You could potentially have your charges reduced, receive a lighter sentence, or receive more favorable terms during plea bargaining if you agree to cooperate. If you offer substantial assistance, the federal sentencing guidelines could allow your attorney to submit a motion for a sentence well below the guideline range.
By agreeing to cooperate, you are avoiding the uncertainty of a trial, not to mention the stress a trial brings. Your charges are resolved much more quickly and predictably. Cooperation with the prosecutor shows that you understand you committed a criminal offense and are ready to be held accountable, and generally reflects favorably when sentencing is in play.
Are There Any Downsides to Cooperating?
There are certain risks associated with cooperating with the federal government. If you are giving evidence against coworkers or colleagues, you will obviously deal with some damaged relationships. While the federal government labels you a cooperator, others may have some harsher language to describe what you are doing.
Some cooperating defendants face harassment and threats, especially when the case involves organized crime. There is always the risk that the government may decide your cooperation was not as useful as they had hoped, which can lead to the cooperation agreement being voided.
Contact a Dallas, TX Federal White-Collar Crimes Attorney
If you are facing white-collar criminal charges, you should take these charges very seriously. The federal government has the resources to prosecute crimes fully, and federal penalties are usually much harsher than state penalties.
When you have a highly experienced Dallas, TX federal white-collar crimes lawyer from Spencer & Associates by your side, you have a higher likelihood of securing the best plea deal possible. Our attorneys have handled high-profile fraud defense cases and are willing to fight for our clients’ rights and freedoms in court when necessary. Call 214-385-8500 to schedule your free consultation.