Federal white-collar criminal law · explained from primary sources

White Collar Defense Desk

An educational authority on federal white-collar criminal law. whitecollardefensedesk.pages.dev explains the statutes, elements, penalties, and procedures of federal white-collar crime — grounded in primary sources: the United States Code, the Federal Rules of Criminal Procedure, and the Justice Manual. Every statutory claim cites its statute. Nothing here is legal advice.

Topic map

Fraud statutes

Wire Fraud Under 18 U.S.C. 1343: Elements and Penalties — The elements of federal wire fraud, the interstate wire requirement, penalties, and how the statute is charged.
Wire Fraud Statute of Limitations — The five-year default limitation under 18 U.S.C. 3282 and the bank fraud exception in 18 U.S.C. 3293.
Mail Fraud Under 18 U.S.C. 1341: Elements and Penalties — The elements of federal mail fraud and the use-of-the-mails requirement.
Bank Fraud Under 18 U.S.C. 1344: Elements and Penalties — Scheme to defraud a financial institution, the two statutory prongs, and the ten-year limitation of 18 U.S.C. 3293.
Honest Services Fraud Under 18 U.S.C. 1346 — How 18 U.S.C. 1346 defines honest services fraud and how Skilling narrowed it to bribery and kickbacks.

Securities

Securities Fraud: 15 U.S.C. 78j, Rule 10b-5, and Penalties — The statutory basis of securities fraud, material misrepresentation, and the criminal penalties of 15 U.S.C. 78ff.
Insider Trading: Tippee and Tipper Liability — The legal shape of insider trading under Section 10(b) and Rule 10b-5, including tippee liability and the personal benefit requirement.

Financial crimes

Money Laundering Under 18 U.S.C. 1956: Elements and Penalties — Transaction, proceeds, and intent elements of federal money laundering and its penalties.
Embezzlement: Federal Statutes and Elements — How federal embezzlement is charged under 18 U.S.C. 641 and 18 U.S.C. 656 and what the government must prove.
Tax Evasion Under 26 U.S.C. 7201: Willfulness and Affirmative Acts — The elements of federal tax evasion, what willfulness means, and the affirmative-act requirement.
Identity Theft and Aggravated Identity Theft Under Federal Law — 18 U.S.C. 1028 and the mandatory two-year term of 18 U.S.C. 1028A.

Corruption and enterprise crime

Bribery of Public Officials Under 18 U.S.C. 201 — The bribery and gratuity prongs of 18 U.S.C. 201 and the official-acts distinction.
RICO: 18 U.S.C. 1961-1968, Enterprise and Pattern of Racketeering — The RICO statute's enterprise and pattern requirements and its criminal penalties.
Federal Conspiracy Under 18 U.S.C. 371 — The agreement and overt-act elements of conspiracy and how conspirators are liable for the acts of others.

Process and sentencing

Federal Sentencing Guidelines: How Offense Levels Work — Base offense levels, specific offense characteristics, and the advisory nature of the guidelines after Booker.
Grand Jury and Indictment: Federal Rule of Criminal Procedure 6 — How a federal grand jury works, the secrecy rule, and what an indictment means.
Plea Bargaining and Cooperation in Federal Cases — Plea agreements under Federal Rule of Criminal Procedure 11, cooperation, and the principles of federal prosecution.
Federal Criminal Investigations: Targets, Subjects, and Witnesses — The stages of a federal investigation, what target, subject, and witness mean, and the principles of federal prosecution.
Federal Statute of Limitations in Criminal Cases — The five-year default of 18 U.S.C. 3282, the 18 U.S.C. 3293 bank fraud exception, and other major exceptions.

Guidance

Choosing a White-Collar Defense Attorney

Prefer the full list in one place? See the statutes quick reference and the depth index.

The pages below are grouped into the categories of federal white-collar law: fraud statutes, securities offenses, financial crimes, corruption and enterprise crime, and process and sentencing. The five-year default limitation of 18 U.S.C. 3282, with its ten-year bank-fraud exception in 18 U.S.C. 3293, runs through the timeline discussions. If you face a federal investigation, what to do depends on the stage — the federal investigation guide walks through each one.

What the government must prove

Each article explains what the government must prove and the penalties each statute carries:

Cases that shaped this area

Landmark decisions the articles explain as public law:

McNally v. United States
Carpenter v. United States
Toussie v. United States
Pereira v. United States
Schmuck v. United States
Loughrin v. United States
Skilling v. United States
McDonnell v. United States
Basic v. Levinson
Matrixx v. Siracusano
Dirks v. SEC
Salman v. United States
Cuellar v. United States
United States v. Santos
Morissette v. United States
Flores-Figueroa v. United States
Cheek v. United States
Spies v. United States
United States v. Sun-Diamond Growers of California
United States v. Turkette
H.J. Inc. v. Northwestern Bell Telephone Co.
Pinkerton v. United States
United States v. Booker
Gall v. United States
Costello v. United States
Santobello v. New York
Garrity v. New Jersey
Strickland v. Washington

Primary sources

The official texts this site explains (links open the official text):