I am not an attorney but as an advocate for white-collar innocent spouses for over ten years, my expertise is invaluable. When a spouse is under investigation for a white-collar crime, it not only affects the non-offending spouse, but the entire family. The best way to describe this event is that it’s like being shot out of a cannon and into outer space. There is no breathable air and nothing is familiar. Navigating these troubled waters requires knowledgeable guidance from a trusted source. Those who are formally accused of a white-collar crime go to great lengths to hire the best counsel they can afford. But to be clear, that counsel is not extended to wives who also face a myriad of economic and legal issues, and they need their own expert to guide them. In most cases, that does not include hiring their own criminal defense attorney.

Financial fraud exists in two categories:  white-collar crime (committed by individuals for personal gain) and corporate crime (performed by corporations for the gain of the corporation). If your spouse committed a financial crime for personal gain then you and your children are at high risk of being caught in the unyielding fallout from an investigation, prosecution/civil litigation, and or the imprisonment of your spouse.

It is optimal to reach out to the WCWP at the onset of learning that a formal investigation is underway. This is because there is only a small window of time to take proactive legal (and emotional) measures to protect untainted jointly held marital assets from civil asset seizure. These civil seizures are performed by the government so that an accused cannot hide or fraudulently convey assets to others. It is unwise and in some cases, illegal to move marital funds during the investigative or prosecution phase, unless done within the bounds of the law. If not done correctly, moving funds can indeed be deemed a fraudulent conveyance. But an innocent spouse protecting her own LEGAL portion of marital assets is not a crime. Once assets are civilly seized, they are held by a court appointed monitor and are subsequently then forfeited during final judgement for the perp’s restitution and criminal penalties. The WCWP can assist in helping the innocent spouse to take prudent and LEGAL steps to maintain their fair portion of untainted assets.

The highly controversial practice of civil asset seizure has an enormous impact on innocent spouses and children. Time is of the essence to act before assets are seized because it is an uphill battle toward a downward spiral as it is extremely difficult (and costly) for the non-offending spouse to regain their assets once they are taken by the government. It is vital that innocent spouses be proactive at the onset of a white-collar criminal investigation and that means gaining as much knowledge as possible about what protections are available. Taking a “wait and see” approach places non-offending spouses (and children) in harms’ way of losing everything. It is heartbreaking when spouses reach out and lament that they wish they would have acted sooner.

White-collar crimes are costly to families because not only does an accused require an experienced attorney who is an expert in white-collar criminal defense (the cost of retainer alone is staggering), but restitution and court penalties must also be paid. Additionally, the innocent spouse also faces grave financial loss regarding unreported income on jointly filed taxes. The total cost to the family of a white-collar criminal can be in the hundreds of thousands, and often even millions of dollars. These crimes can place families in acute poverty, for life. Time is of the essence in these matters which require swift and painful action on the part of the non-offending spouse to mitigate the financial harm to themselves and their children. Innocent spouses and children not only face extreme financial losses, but are also plagued with the acute emotional pain from this crime, as well as the social stigma that comes with these crimes.

In addition to my consulting services, I also operate a global private support group (in the triple digits, spanning five continents) where white-collar wives share and discuss the extensive legal, economic, and guilt by association they (and their children) are confronted with. This group of extraordinary women provides a safe place to share experiences associated with being a white-collar wife/ex-wife/mother. Navigating this life changing event requires support and guidance which cannot be found anywhere else but within this unique group which is marking its thirteenth year.

Please contact Lisa Lawler at lawlerlisa1@gmail.com for a consultation or screening into the WCWP private network. (Consultations must be booked in advance, and there is a fee for service.)

There is no established area of the law dedicated to white-collar innocent spouses, but there should be. White-collar criminal defense attorneys have no understanding of the dire legal and economic challenges non-offending spouses (and children) are exposed to because that is not their job. Paper trails don’t lie so most white-collar cases do not go to trial. This means that a white-collar criminal defense attorney’s main job is to negotiate the best sentencing outcome possible for their client.

Understandably, most white-collar criminal defense attorneys want a wife and children to stand by their client because they believe it plays well before a judge at the time of sentencing. But this is a BIG ask given the high risk of civil asset seizure innocent spouses face early on in the investigative phase, and the high risk of forfeiture of all or half of the marital estate at sentencing. Innocent spouses also often face an enormous tax burden when illegal income is not reported on jointly filed taxes. Time is of the essence for the non-offending spouse to take protective action to safeguard their legal portion of the marital estate and this requires severing ties with the offending spouse rather than going down with the ship. In the end, although familial ties are meaningful, when it comes to sentencing, judges rarely place a high value on whether or not a spouse and children stand by the perp.

White-collar spouses are rarely culpable in their legal partner’s crime but they (and their children) are forced to suffer grave economic and legal consequences as well as crushing emotional issues. When a white-collar innocent spouse hires an attorney it is usually to mitigate asset seizure, tax issues, or for representation as a nominal defendant in a civil case directed at their offending spouse. But most attorneys have little understanding of how to defend a white-collar innocent spouse regarding joint assets with a financial fraudster, or the financial liability they face if a convicted perp passes away. The innocent spouse can be held liable for their deceased husband’s restitution and penalties as assets in the estate that are transferred to the wife post death, can be taken by the government. The WCWP provides guidance to attorneys who find themselves in this area of law.

“In Defense of the Innocent Spouse” is a book in progress that aims to create a much needed “new area of the law” that will address the full spectrum of legal issues related to the white-collar innocent spouse. The book includes case law, the history of marriage pertaining to property rights and the history of civil seizure, taxes, and the lack of uniformity regarding constitutional due process, legal standing, and other legal issues that plague the white-collar innocent spouse.

For more information please contact Lisa Lawler at lawlerlisa1@gmail.com (Consultations must be booked in advance, and there is a fee for service).