As 2024 drew to a close, several high-profile white-collar crime cases captured headlines, underscoring the nature of financial and corporate misconduct that many professionals face these days. For instance, New Jersey Senator Bob Menendez was found guilty of 16 counts of bribery as head of the Foreign Relations Committee. In another case, Bill Hwang, founder of Archegos Capital Management, was sentenced to 18 years in prison for wire fraud, securities fraud, and market manipulation. In yet another case, former defense contractor Leonard “Fat Leonard” Francis received a 15-year prison sentence for masterminding a decades-long bribery scheme that involved several Navy officers.
“These are just a few of the wire fraud cases that defined 2024, and in 2025, we should look back and talk about the challenges white collar and investigation lawyers will face,” says criminal attorney Bill Nettles, Attorney at Law. This article explores how the legal landscape is shifting, covering changes in internal investigations, whistleblower protections, data privacy laws, technological advancements, and government efforts to recover stolen funds, so you can stay ahead in this dynamic field.
More Scrutiny on Internal Investigations
Expectations around internal investigations are changing not just in the US but globally. For example, in March 2023, France’s anti-corruption agency released a guide on ideal practices for internal anti-corruption investigations. It says these processes must be thorough, transparent, and respectful of legal standards.
Lawyers will need to refresh their knowledge of the new standards for investigations. It’s better to design an internal investigation with these changing rules in mind rather than take a reactive, reverse-engineered approach, which will consume more time and resources. Failing to adapt to these changing standards could also lead to legal challenges or reputational damage for companies. Proactively integrating best practices from the start can help mitigate risks and ensure compliance with both domestic and international expectations.
Whistleblower Laws Are Changing
Whistleblower laws are evolving to provide more protections for current and former employees who report misconduct. These changes are made to emphasize the importance of encouraging whistleblowing to bring corruption, fraud, and other illegal activities to light, while also ensuring that whistleblowers are protected from retaliation.
A good example is the implementation of the EU Whistleblowing Directive in many member states. This directive mandates that organizations, especially those with more than 50 employees, put in place clear, accessible channels for reporting misconduct. As an attorney, it’s time to get up to speed on the changing whistleblower protection laws and ensure your clients have the right reporting policies and procedures.
Data Privacy Laws Vary by Jurisdiction
Handling data, especially across different jurisdictions, is becoming increasingly complex. Data privacy laws greatly differ from one region to another, and each state has its own set of policies. Therefore, it’s important to familiarize yourself with the laws in all relevant jurisdictions and consult with local professionals to make sure data is handled in accordance with the law during the investigation.
Doing so ensures that data is handled in compliance with applicable laws during investigations, avoiding potential legal penalties and safeguarding individuals’ privacy rights.
Technology Is Moving Fast
2024 was the year of massive technological advancements, mostly around artificial intelligence. There are two sides to this coin: on the one hand, it gives lawyers more resources to use during investigations, such as advanced data analysis tools and AI-driven research capabilities, but on the other hand, perpetrators can use this technology to commit highly sophisticated white-collar crimes that make investigations more complex and require specialized knowledge.
Therefore, lawyers should consult with professionals on the evolving technologies, especially when investigating sophisticated white-collar crimes involving cryptocurrency, NFTs, stock trading, and other related areas.
Governments Want to Get Back Funds Lost to Tax Evasion
In many countries, governments are increasing pressure to regain funds misappropriated through tax evasion. In the UK, for example, the Economic Crime and Corporate Transparency Act 2023 introduced the “failure to prevent fraud” offense, which makes a company liable when it fails to prevent misconduct by an associated person.
What does this mean for US lawyers? When dealing with public companies, it’s essential to ensure that those representing the company receive financial crime compliance training and have reasonable procedures in place to prevent fraud.
Wrapping Up
The recurring theme throughout the preceding paragraphs is the importance of lawyers being current in an ever-changing regulatory environment. Laws in the white-collar crime space may change with more stringent measures next year as governments and states intensify their efforts to crack down on fraud and corruption. It’s better to be proactive and implement new changes in company policies than to be reactive and work backward to fix the problem.
Himani Verma is a seasoned content writer and SEO expert, with experience in digital media. She has held various senior writing positions at enterprises like CloudTDMS (Synthetic Data Factory), Barrownz Group, and ATZA. Himani has also been Editorial Writer at Hindustan Time, a leading Indian English language news platform. She excels in content creation, proofreading, and editing, ensuring that every piece is polished and impactful. Her expertise in crafting SEO-friendly content for multiple verticals of businesses, including technology, healthcare, finance, sports, innovation, and more.
