San Diego Criminal Lawyers Blog
The price of white-collar crimes reaches trillions of dollars in this country each year. Commonly, the charlatans involved in these crimes—3/4 of whom are men—are married, and are operating their shady transactions unbeknownst to their spouses. Then, out of the blu,e an indictment appears and all Hell breaks loose. Despite their innocence in the situation, spouses tend to pay a hefty price for their spouses’ misdeeds. And while both men and women find themselves in this quandary, far more women share the consequences of their husbands’ illegal activities than men.
Paying the Price for Being a White-Collar Wife
Just because wives are unaware of and do not participate in the crimes for which their husbands are being prosecuted does not mean the women are afforded release from the painful consequences. The surprise of the charges leads many spouses to panic, and as their beloved is handcuffed and sent away to a federal prison, bewildered spouses are left to deal with the disarray of the family while facing potential financial devastation and figuring out what comes next. The long arm of the law, it seems, reaches innocent families of convicted felons, and there are virtually no resources to assist those families as they navigate a bewildering and wearisome future.
Facing the Facts
The devastating news that your spouse is being prosecuted may come alongside claims of innocence and appeals for understanding. But you need to appreciate that no fewer than 95% of white-collar indictments lead to a guilty plea, so holding your breath in the hopes that a not guilty verdict is on the horizon is likely wishful thinking. At this point, you need to think about protecting yourself and your interests. What does that mean?
- Number one: It is essential to get your own hard-hitting criminal defense attorney who will be focused on protecting your rights!
- If you want to protect your assets—and you certainly should–getting a divorce may be one of the first things you should consider. Otherwise, community property may be seized in order to punish the offender (and you, by the way) or to pay restitution. Although it may be a grim decision to have to make, it will be best to address this early so as to give yourself a decent chance of keeping your half of the assets.
- You will be responsible for half of the tax debt on any ill-gotten gains if you file taxes jointly. Don’t do it. While you are at it, avoid any other legal complications the second you discover that your spouse is under investigation. Sign nothing.
- Don’t create new accounts for yourself or anyone else, and do not move assets around once you learn of the investigation. It will make you look like you are up to something untoward. All financial transactions—legitimate or not—will be dissected thoroughly. Don’t do anything that could be construed as an attempt to hide assets.
- Be aware that even though conversations with your spouse are protected while you are married, a shrewd official could still attempt to get evidence from you. Avoid this by evading conversations with law enforcement and/or investigators until your attorney is present.
- Be aware that although your conversations with your spouse are protected, any conversations that occur after the divorce are not, so take heed.
- Never discuss the case with others because, lacking marriage confidentiality, your friends and family will not have the right to refuse to answer questions. And it goes without saying—keep the matter off of social media.
- Assume that your phones will be tapped. It is perfectly legal if the feds got a warrant to listen in on your spouse.
Protecting You
You are guilty of nothing more than being married to a likely criminal, but your world is falling apart anyway. Avoid getting drawn into the chaos by insisting on having the shrewd and experienced criminal defense lawyers at Boertje & Associates on your side. Schedule a confidential consultation in our San Diego office today.