What Is the Department of Homeland Security (DHS)?
The Department of Homeland Security (DHS) is a federal agency responsible for protecting the United States from threats to its security, both domestic and international. While DHS is often associated with border security, immigration enforcement, and counterterrorism, it also plays a significant role in investigating white-collar crimes through its law enforcement arm, Homeland Security Investigations (HSI).
HSI focuses on crimes that threaten national security, public safety, and economic integrity, including money laundering, cybercrime, financial fraud, intellectual property theft, and immigration-related fraud. DHS works closely with other federal agencies like the FBI, IRS-CI, and DOJ to tackle complex financial crimes with both domestic and global implications.
Are You Under Investigation Homeland Security? Take Action Now.
If you’re under investigation by DHS, you’re not just facing administrative scrutiny—you’re at risk of federal criminal charges that can result in prison time, asset forfeiture, and long-term reputational damage. DHS investigations are extensive, leveraging advanced technologies and international partnerships to build strong cases.
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That’s where White Collar Advisory Group comes in. We prepare criminal defendants in dealing with the US District Court system and while attorneys focuses on courtroom strategy, we focus on protecting your future by preparing you for the realities of federal prosecution and prison life.
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Key Areas DHS Investigates Related to White-Collar Crimes
DHS, primarily through HSI, focuses on financial crimes that impact national security, critical infrastructure, and the U.S. economy. These investigations often involve complex schemes that cross international borders.
💰 1. Money Laundering (18 U.S.C. § 1956)
- Transnational Money Laundering: Tracing illegal funds through offshore accounts, shell corporations, and cryptocurrency platforms.
- Trade-Based Money Laundering: Using fraudulent import/export transactions to disguise the origins of illicit funds.
- Terrorism Financing: Investigating financial networks that fund terrorist organizations and activities.
🌐 2. Cybercrime and Financial Fraud
- Cyber-Enabled Financial Crimes: Hacking, ransomware attacks, and phishing schemes designed to steal sensitive data or financial information.
- Wire Fraud (18 U.S.C. § 1343): Involving electronic communications to commit fraud across state or international lines.
- Intellectual Property Theft: Counterfeit goods, piracy, and trade secret theft affecting U.S. businesses and industries.
🏦 3. Immigration-Related Fraud
- Visa and Passport Fraud: Using fraudulent documents or identities to gain immigration benefits.
- Employment Eligibility Fraud: Manipulating employment verification documents, such as I-9 forms, to facilitate illegal employment practices.
🚩 4. Public Corruption and Bribery
- Government Contract Fraud: Defrauding federal programs or agencies through fraudulent procurement practices.
- Bribery and Kickbacks: Offering or receiving illicit payments to influence government decisions, particularly related to immigration or security contracts.
🏢 5. Corporate and Trade Fraud
- Customs Fraud: Falsifying import/export documents to evade tariffs or import restricted goods.
- Sanctions Violations: Engaging in prohibited financial transactions with sanctioned countries or entities.
How DHS Conducts White-Collar Crime Investigations
DHS employs sophisticated investigative techniques to uncover white-collar crimes, often through its specialized unit, Homeland Security Investigations (HSI). DHS also collaborates with agencies like the FBI, IRS-CI, FinCEN and the US Secret Service on multi-agency task forces targeting financial crimes.
Key investigative techniques include:
- Financial Forensics: Analyzing bank records, wire transfers, cryptocurrency transactions, and tax documents to trace illicit funds.
- Cyber Forensics: Investigating digital footprints, recovering deleted files, and tracing IP addresses linked to cybercrime.
- Surveillance Operations: Monitoring suspects through both physical surveillance and electronic tracking.
- Undercover Operations: Infiltrating criminal networks to gather firsthand evidence of fraud, money laundering, or corruption.
- Subpoenas and Search Warrants: Obtaining access to corporate records, financial documents, and electronic communications.
- International Collaboration: Working with foreign governments to track offshore accounts, cross-border fraud, and international money laundering.
DHS investigations often lead to criminal indictments, civil asset forfeitures, and federal prosecutions for both domestic and international crimes.
Penalties for White-Collar Crimes Investigated by DHS
Crimes investigated by DHS carry severe federal penalties, including lengthy prison sentences, substantial fines, and asset forfeiture. Penalties vary depending on the nature of the crime:
- Money Laundering (18 U.S.C. § 1956): Up to 20 years in federal prison and fines of up to $500,000 or twice the value of the laundered funds.
- Wire Fraud (18 U.S.C. § 1343): Up to 20 years in prison, or 30 years if the fraud involves a financial institution.
- Immigration Fraud (18 U.S.C. § 1546): Up to 10 years in prison for document fraud, with enhanced penalties if tied to terrorism or organized crime.
- Customs Fraud (18 U.S.C. § 545): Up to 20 years in prison and forfeiture of goods involved in fraudulent import/export schemes.
- Sanctions Violations (International Emergency Economic Powers Act – IEEPA): Up to 20 years in prison and fines of up to $1 million per violation.
Federal sentencing follows the U.S. Sentencing Guidelines, with factors such as the financial loss, the defendant’s role in the crime, and whether sophisticated means were used.
Common Defense Strategies in DHS White-Collar Crime Investigations
While DHS investigations are extensive, there are effective defense strategies depending on the case:
- Lack of Criminal Intent: Demonstrating that the defendant did not knowingly engage in fraudulent activity, which is crucial in white-collar crime cases.
- Insufficient Evidence: Challenging the government’s ability to prove financial misconduct beyond a reasonable doubt.
- Fourth Amendment Violations: Suppressing evidence obtained through illegal searches, seizures, or wiretaps without proper warrants.
- Complex Financial Transactions: Arguing that transactions were part of legitimate business operations, not money laundering or fraud schemes.
- Good Faith Defense: Showing that the defendant acted in good faith, relied on legal advice, or misunderstood complex financial regulations.
- Entrapment: Claiming that federal agents induced the defendant to commit a crime they wouldn’t have otherwise committed.
An effective defense requires early intervention, detailed forensic accounting, and collaboration with legal and financial experts to counter the prosecution’s case.
Frequently Asked Questions About DHS Investigations
Does DHS only handle immigration and terrorism cases?
No. While national security and immigration enforcement are key missions, DHS also investigates white-collar crimes like money laundering, cybercrime, customs fraud, and financial fraud that threaten economic and national security.
How do I know if I’m under DHS investigation for white-collar crimes?
Signs include receiving a subpoena, being contacted by DHS agents, or noticing unusual activity with your financial accounts. If you suspect an investigation, consult an attorney immediately.
Can DHS seize my assets without charging me?
Yes. Under civil asset forfeiture laws, DHS can seize property suspected of being connected to criminal activity, even if criminal charges haven’t been filed.
Should I cooperate with DHS agents if they contact me?
No. You should never speak to federal agents without legal representation. Even seemingly innocent statements can be used against you in court. Always consult an attorney first.