I am not an attorney but as an advocate for white-collar innocent spouses for over ten years, my expertise regarding the legal and emotional fallout of white-collar innocent spouses and children is singular. When a spouse is under investigation for a white-collar crime, it affects their 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 accused of a white-collar crime go to great lengths to hire the best counsel they can afford. Unfortunately, that counsel does not extended to wives who also face a myriad of economic and legal issues, and they need their own expert to guide them.

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 their investigation, prosecution/civil litigation, and or the imprisonment of your spouse.

It is essential to reach out to the WCWP at the onset of learning that a formal investigation is underway as there is only a small window of time to take proactive legal measures to protect untainted jointly held marital assets from civil asset seizure. Understandably, civil seizures are performed by the government so that an accused cannot hide or fraudulently convey tainted 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, separating marital assets 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 own untainted 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 legal 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 as 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 due to guilt by association.

In addition to my consulting services, I also operate a global private support group (in the triple digits, spanning four continents) where white-collar wives share and discuss the extensive legal, economic, and other issues 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.)

White-collar spouses are rarely culpable in their partner’s occupational crime, but if they are, they need their own criminal defense attorney.

When it comes to the innocent spouse, they must act quickly to protect their legal portion of untainted marital assets and this requires the help of expert legal assistance in as array of specialties. One of the first questions most innocent spouses ask me is “Do I need my own criminal defense attorney?” My answer: “If you have not broken the law, not under investigation for acting criminally, or have not been indicted, then, no, you don’t need to hire your own criminal defense attorney.” Sadly, rather than explain this to the innocent spouse, some criminal defense attorneys gladly accept a retainer from these women and begin the billing process.

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 end in plea deals rather than 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.

Absent any criminal culpability in her husband’s white-collar crime, innocent spouses require legal professionals who can mitigate divorce, asset seizure, legal standing (due process), tax issues, bankruptcy, and representation when named as a nominal defendant in a civil case directed at their offending spouse. This does not include the need for a criminal defense attorney.

There is no dedicated area of law to address the all encompassing legal issues white-collar innocent spouses are confronted with, but there should be. Even when a white-collar perp passes away, white-collar innocent spouses who remained married must deal with their deceased husband’s estate as the far reach of the government comes seeking what is left to pay for outstanding restitution and penalties.

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 and administrative forfeiture innocent spouses routinely experience without early legal intervention.

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.

For more information on the legal needs of white-collar innocent spouses, please contact Lisa Lawler at lawlerlisa1@gmail.com (Consultations must be booked in advance, and there is a fee for service).h