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Federal & State White Collar Defense from a Former Assistant U.S. Attorney
A white collar investigation doesn’t wait for formal charges to do damage. Professional licenses, security clearances, and business relationships can all be at risk the moment an agency starts asking questions. At Brad Bailey Law, I bring something no other Boston white collar crime attorney can offer: I prosecuted organized crime and federal drug conspiracies as an Assistant U.S. Attorney in the same District of Massachusetts courthouse where I now defend clients. I know how federal white collar cases are built because I built them.
The firm handles white collar criminal defense at the state, federal, and appellate levels, appearing before Suffolk Superior Court, the U.S. District Court for the District of Massachusetts at the John Joseph Moakley U.S. Courthouse, and courts across the country. Over a legal career spanning five decades, I’ve tried more than 100 superior court and federal cases and defended thousands of serious criminal matters. Early engagement matters. Retaining defense counsel before charges are formally filed can shape the direction of an investigation and create opportunities to resolve or narrow exposure before an indictment issues.
If you have been charged with a white collar crime or would like to discuss a legal matter that would warrant an affirmative defense, please let Brad know as soon as possible. It’s extremely important to have defense counsel by your side.
Understanding the Criminal Process for White Collar Crimes in Boston
White collar investigations in Boston are typically initiated by the U.S. Attorney’s Office for the District of Massachusetts, the Massachusetts Attorney General’s Office, or the Suffolk County District Attorney’s Office, often in coordination with the FBI Boston Field Office, IRS Criminal Investigation, or the SEC Boston Regional Office. Investigations can involve grand jury subpoenas, civil investigative demands, witness interviews, and financial record review, often long before formal charges are filed. The process is deliberately slow and methodical. That’s why consulting a white collar crime attorney in Boston as early as possible is so important.
When formal charges are filed, state cases proceed through arraignment at Suffolk Superior Court. Federal charges are heard at the Moakley Courthouse. Both paths involve pretrial motions, plea negotiations, and potentially trial. Parallel civil and regulatory proceedings, including SEC enforcement actions or professional license hearings, can run simultaneously with criminal cases, compounding exposure. My direct experience as an AUSA in this district gives the firm firsthand knowledge of how those proceedings intersect and how to defend against them on multiple fronts at once.
Why Retain Brad Bailey as Your White Collar Crime Attorney
Before entering private practice in 1998, I served as an Assistant U.S. Attorney in Boston with the Organized Crime Strike Force and later the Drug Task Force (OCDEFT), prosecuting organized crime and federal drug conspiracies. I never lost a federal trial as a prosecutor and was designated Outstanding Prosecutor. Before that, I was an ADA in Manhattan at the New York County D.A.’s Office, the nation’s largest and busiest, and an ADA in Middlesex County, where I tried 26 felony cases in 22 months with a conviction rate of over 92%.
That prosecutorial record directly informs how I defend clients today. I understand how federal investigators develop financial and organizational evidence, which means I can identify weaknesses in the government’s case at the earliest possible stage.
Credentials and Recognitions:
- Selected to Super Lawyers every year from 2014 through 2025, and also in 2004, 2006, and 2007
- Named to Boston Magazine’s Top Lawyer list in 2023, one of only 35 Boston-based attorneys recognized in the Criminal Defense and White Collar category
- Avvo 10.0 Superb rating, AV Preeminent rating from Martindale-Hubbell, and National Top 100 Trial Lawyer
- Member of the Criminal Justice Act Panel, approved by the U.S. District Court to represent indigent defendants in federal court, a credential reflecting the trust of the federal judiciary
- Admitted to practice in Massachusetts, New York, the U.S. District Court of Massachusetts, the SDNY, the EDNY, and the U.S. Court of Appeals for the First Circuit; also admitted pro hac vice in ME, CA, AZ, MD, WI, VA, and NJ
- Regular legal analyst on NPR, FOX25, CNN, and the Today show
- Experience before the SEC and NASD in regulatory proceedings that run parallel to criminal investigations
Associates Daniel Reilly (Rising Stars 2021-2025) and Patrick Garrity (Rising Stars 2025) round out the team. Free consultations are available, including virtual consultations, 24/7.
White Collar Crime Cases Brad Bailey Law Handles
Our Boston white collar crime lawyers can help you fight against a wide range of charges, including:
Notable cases include United States v. Karunatilaka (insider trading) and a federal jury trial involving conspiracy to commit international money laundering, defrauding the United States, and healthcare fraud, both resulting in not guilty verdicts. Prior results do not guarantee similar outcomes. I’m admitted to practice in Massachusetts, New York, the U.S. District Court of Massachusetts, the SDNY, the EDNY, and the U.S. Court of Appeals for the First Circuit, and have represented clients facing white collar charges in AZ, CA, CT, MD, NH, NJ, and WI.
Penalties for White Collar Crimes in Massachusetts
The consequences of a white collar conviction extend well beyond fines and prison time. Here are the sentencing ranges for common charges:
- Fraud: Misdemeanor to felony depending on the amount and type; fines, restitution, and up to 20 years of imprisonment.
- Embezzlement: Generally a felony; fines, restitution, and up to 10 years in prison for larger sums or repeat offenses.
- Money Laundering: Felony offense; fines, restitution, and up to 20 years, particularly when federal charges apply.
- Identity Theft: Misdemeanor or felony depending on scope; fines, restitution, and up to 15 years of incarceration under federal law, with higher penalties when the offense is connected to drug trafficking, violent crimes, or terrorism.
- Insider Trading: Federal offense; large fines, restitution, and up to 20 years of imprisonment.
Collateral consequences can outlast the criminal sentence. Asset forfeiture, loss of professional licenses, debarment from regulated industries such as finance or healthcare, SEC bars, and healthcare exclusions all carry long-term career consequences. Federal sentences are sometimes served out of state. Victims may pursue separate civil suits. The Federal Sentencing Guidelines also shape what’s possible in plea negotiations and at trial. Familiarity with guideline calculations is a practical defense tool, not just a formality.
Defenses for White Collar Crime Charges
The right defense turns on a detailed analysis of the government’s evidence, how it was obtained, and whether constitutional protections were honored. Common defense strategies include:
- Lack of intent: Most white collar charges require proof the accused acted knowingly or willfully. Absence of criminal intent is a foundational defense.
- Lack of knowledge: Charges often rest on proving the accused knew about key facts or illegal activity. Demonstrating the absence of that knowledge can defeat the prosecution’s theory.
- Mistake of fact: Honest errors in complex regulatory or transactional contexts may negate criminal liability.
- Entrapment: If law enforcement induced the alleged conduct, entrapment may support dismissal or acquittal.
- Duress: Evidence of threat or coercion may negate criminal liability in appropriate cases.
- Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt. If it can’t, a conviction isn’t lawful.
In Boston federal white collar cases, successful defense often turns on challenging how evidence was obtained: unlawful subpoenas, improper search and seizure, or constitutional violations by federal investigators. Motion practice before the U.S. District Court for the District of Massachusetts and the Massachusetts Supreme Judicial Court can result in suppression or charge reduction before trial ever begins.
Are you facing a white collar crime charge in Massachusetts? Call Brad Bailey Law today at (617) 500-0252 or contact us online to schedule a meeting with our white collar crime attorney in Boston!
Testimonial From a Previous Client:
5 / 5 stars
I had the opportunity to work for Brad Bailey on a variety of high-profile white collar criminal cases, where his zeal and attention to detail held him in good stead. It was a pleasure to work for Brad, who demonstrated an unmatched ability to strategize criminal cases and empathize with his clients. I wholeheartedly recommend Brad Bailey for any criminal case.
Rochelle Meddoff
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"We cannot recommend Brad Bailey more highly to anyone facing criminal charges in any court at any level."Anonymous
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"Brad Bailey is one of the best attorneys I've had. He's easy to talk to and listens. Gives great advice and is ready to do work hard for a positive outcome."Krysten O'Donnell
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"This is one smart and hard-working attorney. He is attentive and he was ready to fight any angle the prosecutors could come up with. His experience in the legal forum is significant and it shows."Canda Share
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