Practice Area

White Collar Criminal Defense

When the federal government investigates a business or an individual, the stakes are immediate and high — reputation, livelihood, and liberty are all on the line. Michelle Fernald brings twenty-eight years of federal experience, including service as a Chief and Deputy Chief in the U.S. Attorney’s Office, to representing clients facing federal white collar allegations across Texas and nationally.

What white collar defense looks like at FALC

Many federal white collar matters begin quietly — a subpoena, a target letter, a knock at the door, a colleague suddenly unavailable. The earliest decisions are often the most consequential. Working with the firm early, before charges are filed, frequently changes the trajectory of a case: documents are preserved correctly, narratives are framed accurately, and the government’s view of the conduct can be shaped before positions harden.

Substantive areas

The firm represents businesses and individuals in federal investigations and prosecutions involving:

  • Federal fraud — wire, mail, bank, securities, tax, and healthcare fraud
  • Public corruption and bribery (including FCPA matters)
  • Money laundering and Bank Secrecy Act violations
  • Healthcare fraud, False Claims Act, and Anti-Kickback Statute cases
  • Government contracts and procurement fraud
  • Securities enforcement, parallel SEC and DOJ proceedings
  • Federal tax investigations and prosecutions
  • Conspiracy, obstruction, false statements, and obstruction of justice

Pre-indictment representation

When the government is investigating but has not yet charged, the goal is often to keep it that way. The firm engages directly with prosecutors and agents, makes proffers when strategically appropriate, identifies and corrects factual misunderstandings, and presents declination submissions when the evidence supports them.

Grand jury practice

Representing witnesses, subjects, and targets before federal grand juries — including preparation, immunity negotiation, Fifth Amendment counseling, and post-appearance follow-up.

Corporate internal investigations

Counsel to boards, audit committees, and general counsel conducting privileged internal investigations of suspected wrongdoing — with an eye toward both remediation and the firm’s posture if matters become external.

Trial and appellate work

When a case must be tried, it is tried by an attorney who has spent her career in federal court. When verdicts must be challenged, post-trial motions and federal appeals are handled with the same discipline.

When to bring the firm in

The firm is most useful early. Some signals to call:

  • You or your company has received a federal grand jury subpoena
  • An employee or executive has received a target letter
  • Federal agents have appeared at your home or place of business
  • You learn of a civil investigative demand or HHS-OIG subpoena
  • Counsel suggests you may be a witness in a federal investigation
  • You discover potential wrongdoing inside your organization

Why clients choose Fernald Advisory

Federal experience from the inside

Twenty-eight years at the U.S. Attorney’s Office, including supervisory roles, means the firm understands how federal investigations are built, what prosecutors are looking for, and where cases bend.

Trial-tested judgment

Election as a Fellow of the International Academy of Trial Lawyers (2025) recognizes a long record of significant federal trials and the judgment that record reflects.

Boutique attention

Clients work directly with Michelle. Strategy is set, communicated, and executed by the attorney whose name is on the door.

Frequently Asked

What clients often ask

What is ‘white collar’ criminal defense?

White collar criminal defense refers to representation in federal (and sometimes state) prosecutions involving non-violent, financially motivated conduct — fraud, corruption, money laundering, securities violations, healthcare fraud, and similar offenses. These cases are typically document-intensive, involve multiple agencies, and often span years.

Do I need a lawyer if I’m only a witness?

Often, yes. The line between ‘witness,’ ‘subject,’ and ‘target’ in a federal investigation can move quickly, and statements made without counsel can foreclose options later. A short consultation before responding to any federal contact is almost always worth the time.

How early should I bring you into a matter?

Earlier is almost always better. The first 30 days after a subpoena, target letter, or agent contact often shape the next 30 months. Decisions about preservation, internal interviews, and external communications made at that stage can’t easily be undone.

Do you take cases outside of Austin?

Yes. The firm regularly takes on federal matters throughout Texas and, with appropriate pro hac vice arrangements, nationally. Service areas include Austin, Travis County, Williamson County, Hays County, San Antonio, Dallas, Houston, El Paso, Fort Worth, and Waco.

Discuss a federal matter

Confidential consultations with Michelle Fernald. Serving Austin, San Antonio, Dallas, Houston, El Paso, and federal courts nationally.

Schedule a Consultation