Criminal law is about determining culpability for wrongdoing and assigning punishment proportional to the crime. It differs from civil law in that the state itself (and not a wronged second party) pursues a judgment against the accused.

Even in the most ethically run businesses, employees can act criminally or make mistakes that violate criminal laws. In the regular course of business, a company may find itself charged with any number of white-collar crimes, such as (but not limited to) bribery, extortion, conspiracy, fraud, perjury or insider trading. As protection against these criminal law violations, you should:

1. Have one or more attorneys either on retainer or as in-house counsel to handle criminal law matters.

2. Educate staff (or at the very least managers) about any legal restrictions related to their work.

3. Provide a means for employees to come forward anonymously to report criminal behavior.

Action Steps
The best contacts and resources to help you get it done

Be familiar with criminal laws

While criminal law information is the first step in deciding on a course of action, know that the law is a complex creature that derives its authority from multiple sources, including statutes and case law. No one should attempt to interpret the law without formal legal training. (Even lawyers hire other lawyers to advocate for them!) This does not mean you should remain in the dark.

I recommend: FindLaw provides the general public with access to criminal law information from all 50 states. Dealing with a breach of the criminal law yourself should only occur when dealing with state or local laws. Violations of federal law will require a lawyer. Nolo is a good resource on criminal attorney information and procedures that can help you determine whether your troubles require legal counsel. The site offers links to lawyers who specialize in all manner of criminal law violations.

Find the right criminal lawyer

Retaining legal counsel, whether preemptively or in response to formal charges against you or your business, is one of the most important decisions you will make, so be sure you are searching with the best information. Your business's future may depend on it.

I recommend: Finding a lawyer depends on where you are. Go to Martindale.com, select your state, and browse the list of criminal defense law firms to find a criminal lawyer. For a mega-firm that specializes in white collar crime and other criminal defense cases, consider the United Defense Group.

Prepare your business for the cost of criminal lawyer fees

The cost of a legal defense can be overwhelming, especially in a criminal case when the stakes are higher. If you're willing to keep a criminal defense attorney on retainer, perhaps you're willing to take a few more steps.

I recommend: If you feel your business is at risk for criminal prosecution, you might consider professional liability insurance, such as the kind offered by Techinsurance or InsurePro.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Ask a prospective criminal lawyer for three things: references, the firm's brochure and promotional materials and a copy of the lawyer's retainer agreement. Talk with references, check out promotional materials and have the retainer agreement explained to you before committing to any one lawyer or firm. Also, don't forget to trust your own judgment and follow your instincts about the criminal defense lawyer you're dealing with.