There are similarities and differences between the two.  While the same standard of proof for a conviction applies, how a case is handled between State and Federal Courts differs drastically.  In resolving a case in State Court, your white collar criminal defense lawyer can negotiate [...]

In Federal Court, all crimes are provided a base offense level.  Your base offense level is then adjusted upward or downward depending on your involvement in the case, and the offense characteristics and circumstances.  Your criminal history category is also calculated based upon your prior [...]

No. The Federal Sentencing Guidelines are no longer mandatory by decision of the Supreme Court.  They provide a set of factors that a Judge must account for when issuing an appropriate sentence.  Other sentencing considerations not included in the sentencing guideline calculation include how a [...]

Criminal cases involve allegations that a crime was committed.  In criminal cases the government is seeking a conviction.  Charges are prosecuted by local District Attorney’s Offices, the New York State Attorney General, or Federal United States Attorney’s Office. If convicted, you could face potential incarceration, [...]

This is a very difficult question to answer, but it could be both.  Many investigations start as civil inquiries and end up identifying criminal actions.  The same is also true for criminal investigations.  Many criminal investigations end up resolving with civil resolutions. Ultimately what distinguishes [...]

Yes.  Although it is rare, you can be charged with the same offense or fact scenario in both State and Federal Courts. State and Federal Prosecutors will usually get together and decide whether the case should be handled on the State or Federal level. Many [...]

An internal investigation is when a company has some indication or allegation of wrongdoing or improper actions by its employees or corporate officers and the company wants to determine, what, if any, validity there are to these claims.  These allegations can come from an internal [...]

There is no definite answer to this question, however the sooner the better after potential misconduct is discovered.  When a company has knowledge of alleged impropriety, it is best for the company to get out in front of the investigation and to conduct its own [...]

There is no exact formula or way to conduct an internal investigation.  The allegation of wrongdoing or impropriety depends on the scope of the investigation.  Most internal investigations include reviewing materials such as emails/text messages, interviewing employees, reviewing office policy and procedures, personnel files/employee reviews, [...]

This again depends on the nature and scope of the allegation and wrongdoing.  Depending on the investigation, it will be important to determine whether the investigation should be conducted by outside counsel, in-house counsel, a company’s HR department or compliance officer.  Depending on the allegations, [...]