The role of confidential informants in white-collar crime

A confidential informant gathers information about a person to use against them in court. If you’re not careful, these individuals can collect evidence as they build a case against you. If you are ultimately charged with a white-collar crime, you’ll need to figure out the best way to dispute this evidence.

Griffin Durham Tanner & Clarkson LLC offers legal help to those facing white-collar crime charges. To learn more, please reach out to us. We can connect you with a Georgia white-collar crimes defense attorney who’ll make sure that your legal rights are protected.

confidential informant

What you need to know about white-collar crimes in Georgia

The concept of white-collar crime dates back to 1939. This type of crime is not considered to be violent. Examples of white-collar crimes include:

  • Corporate fraud
  • Healthcare fraud
  • Money laundering
  • Mortgage fraud

Confidential informants can report white-collar crimes. A confidential informant can be a “cooperating witness” who testifies on behalf of the government. They can also be a “source of information,” which consists of anyone who provides information to the FBI or any other government agency that leads to a criminal charge.

The team at Griffin Durham Tanner & Clarkson LLC understands the challenges that come with contesting a charge of a white-collar crime. If you have been charged with securities fraud or any other white-collar crime, please let us know. Our Georgia white-collar crimes defense lawyer can review your case and help you build your defense.

Is it illegal to expose a confidential informant?

It’s not illegal to expose the identity of a federal confidential informant. However, it can be difficult to figure out who’s been serving as an informant. In a criminal case, the prosecution is unlikely to share this person’s identity — they only have to name the witnesses who’ll testify during a case.

In a white-collar crime case, it’s possible that the prosecution will have an informant serve as a witness but not specifically say this individual was an informant. During the discovery process leading up to a trial, the prosecution is required to share evidence with the defendant and vice versa. Meanwhile, the defendant may be able to get information from the prosecution that helps them see if an informant was involved in their case, along with this individual’s identity.

Expect the prosecution to do everything it can to hide the fact that it used an informant. The prosecution wants to protect this person’s identity. By keeping this information secret, they can minimize the risk of harm to this individual.

What it takes to uncover the identity of a confidential informant

If you find out that the prosecution in your white-collar crime case has used an informant, you may still be able to get this individual’s identity. To do so, you’ll have to make a compelling argument to the court about why this person’s identity should be revealed. This requires you to explain to the court the relevance of the informant’s identity to your case.

The court will consider many factors as it weighs the pros and cons of releasing an informant’s identity. These factors include:

  • The defense you may use to contest the charge against you
  • If the information that this individual can provide relates to your case
  • If you want to call this individual as a witness
  • If the evidence collected by the informant indicates that the defendant may be guilty of a white-collar crime

In addition, the court will consider if an informant saw the defendant commit a crime. For example, an informant may have directly witnessed the defendant as they engaged in a cybercrime. In this scenario, the court may require the informant’s identity to be disclosed since this individual can provide pertinent information as a witness.

How to deal with a confidential informant in a white-collar crime case

You can’t control the fact that a federal confidential informant was used. Regardless, you can develop an argument to contest information from the informant and other evidence in your white-collar crime case. To do so, it helps to hire an experienced white-collar crime attorney.

Initially, your lawyer learns about you and your case. They understand that there’s no such thing as a victimless crime. If you’ve been charged with a white-collar crime that you didn’t actually commit, your attorney can find a way to share your side of the story.

Your attorney will work diligently to get any charges against you dropped or reduced. They can collect and review evidence with you and take other steps to develop a comprehensive legal strategy. Your lawyer can teach you about the legal process and make sure that you’re fully prepared for your trial, too.

Do not wait to hire a white-collar crime defense lawyer in Georgia

Griffin Durham Tanner & Clarkson LLC has a team in place that can help you navigate the complexities of a white-collar crime case. Our white-collar crime defense attorney in Georgia is committed to helping you in any way they can. For more information or to request a consultation, please contact us online or call our Atlanta office at (404) 891-9150 or our Savannah office at (912) 867-9140.