The euphemism “white collar crime” is commonly used to describe a broad array of theft that occurs more often through the stroke of a pen or keyboard rather than at the working end of a deadly weapon. Such misconduct includes embezzlement, falsification of financial records, stock/equity market manipulation, tax evasion, bribery, and fraud. It is deemed less menacing to society, as the unlawful behavior does not typically include an immediate threat to the life or health of a victim.

Among the fundamentals to be considered when preparing for an interview or interrogation of a “white collar” suspect are the unique traits, vocabulary, and motivations of such offenders.

White collar criminals have high status expectations within their social environment and, therefore, oftentimes live a lifestyle that exceeds their means. They tend to be more intelligent than the street-criminal and are premeditated to the point of being cunning in the execution of their crimes. Accordingly, the interviewer must be capable of elevating their own bearing, demeanor, and vocabulary in order to develop with such a suspect a rapport that must necessarily be built upon mutuality of respect. If the white collar criminal does not respect the intellect of an interviewer or the interviewer’s familiarity with terms of the offender’s perceived artform, then the questioning session will fail.

For example, it would be a mistake for an investigator to approach the interview of one who is suspected of altering the financial records of a business without knowing how to read/interpret a balance sheet or having a thorough knowledge of computer programs that track cash flow. If the profitability of a business is under scrutiny as part of a sale of that business, then those who interview the chief financial officer and their supporting personnel must have an intimate knowledge of the most heavily relied upon metric for the viability of a prospective merger/acquisition, namely the company’s “EBITDA” (earnings before interest, taxes, depreciation, and amortization). If an interviewer displays a lack of understanding of such technical terminology and its meaning, then anyone who may have discreetly altered the books to fraudulently enhance the business profile will be emboldened in their denial of wrong-doing. In short, they’ll never acknowledge their misconduct to someone who doesn’t even understand it.

Interrogations of white collar criminals require themes that appeal to the mentality of those with high status expectations. That status expectation may be fulfilled through: a) their own personal monetary achievements (either for themselves or their family); and/or b) the approbation that comes with being acknowledged as the person who made it possible for others to derive exceptional monetary reward. It’s the interrogator’s task to recognize that mentality and then craft a theme that integrates both components.

For example, consider the case of “Jay”, a highly intelligent and equally successful commodities trader who despite his soft-spoken demeanor lived in the fast lane of money, drugs, and hyper-competition. To accelerate satisfaction of his insatiable lifestyle needs, Jay stepped up his game by creating an investment firm for public customers that was based upon “butterfly spreads” which create profit opportunities through “put” and “call” commodities “options” equally balanced within non-volatile neutral market conditions. Jay took pride in legitimately earning millions of dollars for many customers, and his reputation for success brought an expanding pool of eager investors. Then unanticipated periodic volatility hit the commodities markets, upsetting the balance in Jay’s butterfly spreads which triggered dramatic losses to his customer accounts. Jay’s drive for continuity of his own personal wealth and the stature he enjoyed as creator of immense wealth for those who relied upon his advice would not permit him to make an honest disclosure of failure. Instead, he adopted the age-old practice of using “new” investor money to sustain his lavish lifestyle while fraudulently distributing phantom profits to unwitting customers as investment success rather than the Ponzi scheme to which his enterprise had actually devolved.

Faced with the prospect of delving into Jay’s white collar crimes, an investigative team would have to prepare for far more than a standard investigative interview. Technical terminology needs to be thoroughly understood as well as the nuances of strategic “butterfly spreads”, including the functionality of “put” and “call” options amidst volatility shifts within commodities markets. Jay’s interviewer must be completely at ease while speaking spontaneously and knowledgeably about these investment concepts or risk a lack of respect which would be as gaping as the void of information from Jay.

Interrogation themes would build upon Jay’s motivations, specifically his need to sustain a lifestyle of luxury and status. Rationalization can include highlighting Jay’s highest priority of providing safety and quality of life for his family in contrast to serving any personal self-interests such as expensive cars, extra-marital sexual habits, or illicit narcotics. Blame can be shifted to the ungrateful customers who knew and willingly accepted the risks of high-stakes investments, took Jay’s expertise for granted, begrudged his professional fees, and created a “24/7” pressure-cooker of demand upon Jay for unreasonably high returns on investment. Justification can include arguing to Jay that he had an inherent right to preemptive profits, because “you earned it” by “turning your investors into millionaires” through your singular investment strategies…you alone deserve the stature that comes with being “the one guy who made it happen for everyone else.”

Knowledge of the nuanced subject matter is essential for success in white collar criminal suspect interviews and interrogations. Not to be overlooked, however, are the lifestyle needs of white collar offenders who are success-oriented and achievement-driven both in their professional lives as well as within their own self-perceptions.