Waxman Litigation defends companies, boards and executives in federal white-collar investigations and enforcement — and does not act for whistleblowers, relators or claimants against businesses. That is a deliberate position: it means the firm can act for the company without the conflicts that come from also representing people who sue companies. Seth B. Waxman spent 13 years as an Assistant United States Attorney in the District of Columbia, roughly eight of them on fraud and public corruption, before moving into private practice.
If an investigation has just started
The most consequential mistakes are made in the first week, and they are usually about documents and statements rather than about the underlying conduct. Two federal statutes account for most of that exposure:
| Provision | What it reaches | Why it matters immediately |
|---|---|---|
| 18 U.S.C. § 1519 | Altering, destroying or concealing records to impede a federal matter — including in contemplation of one | Up to 20 years. Routine automated deletion continuing after an inquiry begins is the classic exposure |
| 18 U.S.C. § 1001 | False statements in any matter within federal jurisdiction | Applies to statements outside a courtroom and not under oath |
Practical starting points: government subpoenas and investigative demands, search warrants, and internal investigations.
Areas covered
- Government Subpoenas & Investigative Demands
- Grand Jury Subpoenas
- Federal Administrative Subpoenas & CIDs
- State & Local Law Enforcement Subpoenas
- Search Warrants
- Parallel Criminal & Civil Proceedings
- Health Care Fraud
- Government Contracting Fraud
- False Claims Act Defense
- Securities Fraud
- Public Corruption
- Money Laundering
- Bank Fraud
- Cybersecurity Crimes
- False Statements & Obstruction
- Wire & Mail Fraud, Conspiracy and RICO
Most matters run on more than one track
A criminal investigation rarely arrives alone. A civil False Claims Act case under 31 U.S.C. § 3729, a regulatory proceeding, and a private civil dispute can all concern the same facts, on different timetables and with different rules — and material produced in one is generally available in the others. That interaction is managed as a single problem: see parallel criminal and civil proceedings.
Company and individuals are not the same client
Their interests can diverge early, and often before anyone notices. Recognizing the point of divergence protects the company, the individuals, and the integrity of any internal review. It is a question to raise at the first meeting.
What did you receive, and what does it actually mean?
Establish which instrument arrived before anything else, because each one carries different obligations, different timing, and a different signal about where the investigation already stands. A search warrant means a judge has found probable cause and the government chose not to ask first; a subpoena means you are being asked to produce. They are not interchangeable, and the correct first response differs.
| What arrived | What it signals | Start here |
|---|---|---|
| Agents at the door with a warrant | A judge has already found probable cause; the government did not ask first | Search warrants at a business |
| A grand jury subpoena | A criminal investigation is under way | Grand jury subpoenas |
| An agency subpoena or civil investigative demand | An agency is investigating, possibly alongside a criminal track | Federal administrative subpoenas and CIDs |
| A state or local subpoena | A non-federal investigation — which can still create federal exposure | State and local subpoenas |
| An agent asking to talk, with nothing in writing | An interview request, and a decision point | Investigators contacted our company — first steps |
| Notice of a parallel civil or regulatory case | Two proceedings, one set of facts | Parallel criminal and civil proceedings |
What do the principal federal white-collar offenses carry?
The longest maximum in a white-collar case is frequently driven not by the underlying conduct but by how the investigation was handled — record destruction under § 1519 carries twenty years, four times the maximum for a false statement. These are statutory maximums, not predictions: an actual sentence is driven by the Guidelines calculation and the facts of the case.
| Provision | Official heading | Maximum term |
|---|---|---|
| 18 U.S.C. § 1341 | Frauds and swindles (mail fraud) | 20 years — 30 if it affects a financial institution or relates to a federally declared disaster |
| 18 U.S.C. § 1343 | Fraud by wire, radio, or television | 20 years — 30 on the same aggravators |
| 18 U.S.C. § 1344 | Bank fraud | 30 years |
| 18 U.S.C. § 1348 | Securities and commodities fraud | 25 years |
| 18 U.S.C. § 1956 | Laundering of monetary instruments | 20 years, and a fine up to $500,000 or twice the value of the property involved, whichever is greater |
| 18 U.S.C. § 201(b) | Bribery of public officials and witnesses | 15 years |
| 18 U.S.C. § 1519 | Destruction, alteration, or falsification of records in Federal investigations | 20 years |
| 18 U.S.C. § 1001 | Statements or entries generally | 5 years (8 if terrorism-related) |
How long does the government have to bring a federal charge?
The default is five years — but a decade applies to bank fraud and to wire or mail fraud that affects a financial institution. That difference is one reason a matter can resurface long after a company has assumed it closed, and one reason preservation decisions made early keep mattering for years.
| Offense | Provision | Period |
|---|---|---|
| Most federal offenses, unless another law says otherwise | 18 U.S.C. § 3282(a) | 5 years from commission of the offense |
| Bank fraud (§ 1344) and the related banking offenses listed in the section | 18 U.S.C. § 3293 | 10 years |
| Wire or mail fraud (§§ 1341, 1343) if the offense affects a financial institution | 18 U.S.C. § 3293(2) | 10 years |
| RICO (§ 1963), to the extent the racketeering activity involves bank fraud | 18 U.S.C. § 3293(3) | 10 years |
Frequently asked questions
Does the firm defend companies or prosecute them?
It defends companies and their boards. It does not act for relators, whistleblowers or claimants against businesses.
What is the first thing to do on learning of an investigation?
Stop routine document destruction and take advice before gathering documents or interviewing staff. 18 U.S.C. § 1519 reaches conduct in contemplation of a federal matter.
Does a subpoena mean the company is a target?
No. Witnesses, subjects and targets all receive subpoenas. Establishing which the company is tends to be an early priority.
Do employees need their own lawyers?
Sometimes, and the answer can change as facts emerge. It is better addressed early than after interviews have begun.
Who is actually forbidden from discussing a grand jury matter?
A short, closed list. Federal Rule of Criminal Procedure 6(e)(2)(B) binds grand jurors, interpreters, court reporters, recording-device operators, transcribers, government attorneys and certain people to whom disclosure is made — and Rule 6(e)(2)(A) provides that no obligation of secrecy may be imposed on anyone else. A witness who receives a subpoena is not on that list.
Why can the same facts be criminal and civil at the same time?
Because Congress linked the two. Under 31 U.S.C. § 3731(e) a final federal judgment for the United States in a criminal proceeding charging fraud or false statements estops the defendant from denying the essential elements of the offense in a False Claims Act action arising from the same transaction — so the criminal outcome carries directly into the civil case.
Where can a federal fraud case be prosecuted?
In more districts than most people expect. Under 18 U.S.C. § 3237(a) an offense begun in one district and completed in another may be prosecuted in any district in which it was begun, continued or completed, and an offense involving the mails or interstate commerce is a continuing offense prosecutable in any district from, through or into which that communication moved.
How does a company keep its response from becoming a second case?
By stopping routine deletion before anything else happens. 18 U.S.C. § 1519 makes it an offense, carrying up to 20 years, to knowingly alter, destroy, conceal, cover up or falsify a record with intent to impede a matter within the jurisdiction of any federal department or agency — or in relation to or contemplation of such a matter.
What penalties does a federal white-collar conviction carry in fines?
It depends on who is being sentenced and what was gained. Under 18 U.S.C. § 3571(b)(3) an individual may be fined up to $250,000 for a felony and under § 3571(c)(3) an organization up to $500,000 — but § 3571(d) allows a fine of twice the gross gain or twice the gross loss instead, which in a large fraud is the number that matters.
Sources and legal authorities
- 18 U.S.C. § 1001
- 18 U.S.C. § 1519
- 18 U.S.C. § 1512
- 18 U.S.C. § 1505
- 31 U.S.C. § 3729
- Fed. R. Crim. P. 17
General information about federal law, not legal advice, and not a prediction of any outcome.
Related: Internal Investigations · Business Litigation · Court-Appointed Receiverships. Call (301) 901-3109 or use the contact page.
How this practice is organized
- Subpoenas & Investigative Demands — grand jury, administrative and state process
- Responding to a Federal Investigation — warrants, agent interviews and parallel cases
- Federal Fraud Charges — wire, mail, bank, health care, securities and laundering
- Public Integrity & Corporate Offenses — bribery, false statements, obstruction and computer crime
- Government Contracting Fraud — including False Claims Act defense