If a party is a defendant in a civil lawsuit for improper white-collar financial activity, can they also face a concurrent or future criminal investigation?

Question

02-01-2025
Law

College

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If a party is a defendant in a civil lawsuit for improper white-collar financial activity, can they also face a concurrent or future criminal investigation?

Answer :

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BryanJanice BryanJanice · Answer 1 · 2025-01-20T12:19:02-05:00

Final answer:

Yes, a defendant in a civil lawsuit for white-collar financial activity can also face a criminal investigation. The outcomes of civil and criminal proceedings can differ due to varying legal standards and consequences, with criminal charges potentially leading to loss of liberty.

Explanation:

In situations where a party is a defendant in a civil lawsuit for improper white-collar financial activity, it is entirely possible for them to also face a criminal investigation separately. This can occur either concurrently with the civil case or as a subsequent action. Due to differing standards and burdens of proof in civil litigation versus criminal cases, the same set of facts may lead to both civil and criminal penalties. In fact, the higher bar for white-collar criminal liability means that while it may be challenging to achieve a criminal conviction, the evidence obtained in a civil case could be employed in a criminal prosecution.

Moreover, unlike in civil cases where defendants risk monetary loss, criminal defendants may face loss of liberty or even life. Federal agencies, despite resource constraints, can and do pursue investigations into white-collar crimes, which could result in criminal charges if evidence of intentional illegal activity is discovered.