Frequently Asked Questions — Seiden Law Group, P.C.

Chicago, Illinois · Federal Criminal Defense · White-Collar Defense · Business Litigation
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About this content: These questions reflect what clients, colleagues, and referral sources most commonly ask Seiden Law Group, P.C. Answers are provided by the firm and reflect the experience of Glenn Seiden, who has practiced federal criminal defense and white-collar law in Chicago since 1974.

Federal Criminal Defense

What does a federal criminal defense attorney do that a state criminal defense attorney does not?

Federal criminal cases are prosecuted by the United States Department of Justice and tried in United States District Courts under federal rules, federal sentencing guidelines, and federal statutes that have no state equivalent. The procedural differences are substantial: federal investigations typically precede charges by months or years, federal grand juries operate under strict secrecy rules, and federal sentencing is governed by the U.S. Sentencing Guidelines rather than the broad judicial discretion that characterizes many state proceedings.

A federal criminal defense attorney must be admitted to practice before the relevant federal district court — in our case, the United States District Court for the Northern District of Illinois — and must have the experience to navigate the specific dynamics of federal prosecution. The prosecutors are Assistant U.S. Attorneys, the investigations often involve the FBI, IRS Criminal Investigation, or other federal agencies, and the cases tend to involve substantial documentary evidence accumulated over long periods. Seiden Law Group has handled federal criminal matters in the Northern District of Illinois continuously since 1974. That depth of experience, in this specific jurisdiction, is not interchangeable with general criminal defense experience.

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What should I do if I am contacted by a federal agent?

Do not answer questions without counsel present. This applies regardless of how the contact is framed — whether an agent says it is routine, that you are not a target, or that cooperation will be viewed favorably. These statements are not legally binding and the conversation is not casual. Anything you say can be used in a subsequent proceeding.

The single most important step is to retain experienced federal criminal defense counsel before any further contact with federal investigators. Federal investigations can move quickly once contact has been made, and the decisions made in the first days — what to say, what to produce, whether to cooperate and on what terms — can shape everything that follows. Seiden Law Group regularly handles early-stage federal matters, including pre-indictment representation when no charges have been filed and a client is first learning they are under investigation.

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How long does a federal criminal investigation typically last before charges are filed?

Federal investigations vary considerably by case type and agency. A focused financial investigation might result in charges within months. A large-scale organized crime, fraud, or public corruption investigation can run for years before an indictment is returned. The grand jury process itself can extend for months as the government presents evidence, interviews witnesses, and builds its record.

One of the most important things to understand about the federal process is that by the time charges are filed, the government has typically completed the bulk of its investigation. That is why early-stage representation — before charges, during the investigation — can be the highest-leverage point in a federal case. Glenn Seiden has represented individuals and organizations at every stage of the federal process, including during investigations that ultimately did not result in charges.

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What federal courts does Seiden Law Group practice in?

Seiden Law Group practices in the United States District Court for the Northern District of Illinois, which covers Chicago and the surrounding region. Glenn Seiden has been admitted to practice in the Northern District of Illinois since 1974. The firm also handles matters in other federal courts and jurisdictions where representation is appropriate, typically in cases with a connection to the firm’s Chicago-based practice.

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What types of federal criminal cases does Seiden Law Group handle?

The firm handles the full range of federal criminal matters, with particular depth in:

Federal criminal defense — including indicted and pre-indictment matters across all categories of federal crime
White-collar criminal defense — including federal fraud, mail fraud, wire fraud, bank fraud, securities fraud, and tax offenses
Federal drug offenses — including distribution, conspiracy, and quantity-driven matters under federal sentencing guidelines
Public corruption — including matters involving federal, state, and local officials
Federal firearms offenses
RICO and organized crime matters
Asset forfeiture proceedings

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What is the difference between being a target, a subject, and a witness in a federal investigation?

These are specific designations used by the Department of Justice to classify individuals in a federal investigation, and the distinction matters.

A witness is someone the government believes has relevant information but against whom there is no current evidence of wrongdoing. A subject is someone whose conduct falls within the scope of the grand jury’s investigation — meaning the government is examining what they did, even if charges have not been decided. A target is someone against whom the government has substantial evidence of criminal activity and who is a likely defendant.

These designations can shift as an investigation develops. A person designated a subject or even a witness can become a target. For this reason, legal representation is important at all stages — not only after a target letter has been received. Glenn Seiden regularly represents individuals who have received grand jury subpoenas or target letters, as well as individuals who have been contacted by federal agents and are uncertain of their status.

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How does federal sentencing work?

Federal sentencing is governed by the United States Sentencing Guidelines, which produce an advisory sentencing range based on the offense level and the defendant’s criminal history. Judges are not required to sentence within the guidelines range — the Supreme Court’s *Booker* decision established that the guidelines are advisory — but the range is the starting point for the sentencing analysis and judges must consider it.

The guidelines are complex. Offense levels are adjusted upward or downward based on specific facts about the offense, the defendant’s role, whether there was obstruction of justice, and many other factors. Cooperation with the government can result in a substantial assistance motion that permits the judge to sentence below the guidelines range. The plea bargaining process, the charging decisions the government makes, and the factual record developed at sentencing all affect the outcome significantly.

Experienced federal defense counsel manages not only the trial or plea phase of a case but also the sentencing record — the presentence report, the objections to the guidelines calculation, and the sentencing memorandum that presents the full picture of a client’s circumstances to the court. Seiden Law Group handles all phases of federal representation through sentencing and, where appropriate, appeal.

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White-Collar Defense

What is white-collar criminal defense?

White-collar criminal defense covers a range of federal and state offenses involving financial transactions, business relationships, and professional conduct. The common thread is that these cases typically involve allegations of fraud, deception, or abuse of trust rather than physical violence.

Federal white-collar charges frequently include mail fraud, wire fraud, bank fraud, securities fraud, healthcare fraud, tax evasion, money laundering, bribery, extortion, and related conspiracy offenses. State white-collar matters include theft by deception, forgery, identity theft, and various financial crimes under Illinois law.

What distinguishes white-collar representation from general criminal defense is the evidentiary complexity. These cases are built on documents — emails, financial records, contracts, bank records, tax filings — and the government’s investigation typically precedes charges by a substantial period. Glenn Seiden has handled white-collar defense matters since the firm’s founding in 1974, with particular experience in federal fraud prosecutions and the intersection of civil and criminal liability that often arises in these cases.

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Can a business entity face federal criminal charges, not just individuals?

Yes. Federal prosecutors regularly charge corporations, partnerships, and other business entities as defendants alongside or instead of individual officers and employees. Corporate criminal liability under federal law can attach when an employee or agent commits a crime within the scope of their employment and at least partly for the benefit of the organization.

The implications for a business are significant: a federal criminal conviction can result in fines, probation, mandatory compliance programs, and — in industries subject to federal licensing or contracting — debarment that effectively ends the business. Seiden Law Group represents both individuals and business entities in federal and state criminal proceedings, including cases where the interests of the entity and individual employees require separate counsel.

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What is the difference between a civil fraud case and a criminal fraud prosecution?

In a civil fraud case, a plaintiff — typically a private party or a government agency in a regulatory capacity — seeks money damages or equitable relief. The burden of proof is preponderance of the evidence. The consequences are financial.

In a criminal fraud prosecution, the government must prove guilt beyond a reasonable doubt, and the consequences include incarceration, supervised release, and a federal criminal record. The same underlying conduct can give rise to both civil and criminal exposure simultaneously — a regulatory enforcement action by the SEC and a criminal referral to the DOJ, for example, or a civil lawsuit by defrauded investors alongside a federal indictment. Managing parallel proceedings, preserving Fifth Amendment rights in the civil context while mounting a criminal defense, is one of the more complex challenges in white-collar practice. Seiden Law Group has handled matters involving parallel civil and criminal proceedings.

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When should a business hire a white-collar defense attorney — before or after charges are filed?

Before. The pre-indictment phase — when a company learns it is under investigation, receives a grand jury subpoena, or is contacted by federal agents — is often the highest-leverage point in the entire matter. The decisions made in this phase about document preservation, employee interviews, voluntary cooperation, and engagement with prosecutors can significantly affect whether charges are filed, against whom, and on what terms.

Waiting until charges are filed is waiting until the government has completed a substantial portion of its work. Seiden Law Group regularly handles pre-indictment white-collar matters, internal investigations, grand jury representation, and the early-stage strategic decisions that shape the trajectory of a federal investigation.

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What should a company do when it discovers potential employee misconduct that could have criminal implications?

The immediate priorities are preserving relevant documents and communications, understanding the scope of what happened, and assessing the company’s legal obligations — including whether the conduct triggers mandatory reporting requirements to regulators, self-disclosure obligations under a government contract, or other duties that run on specific timelines.

Conducting an internal investigation before engaging outside counsel creates significant risks: work product protection may be compromised, witness interviews may not be privileged, and the results of the investigation may have to be disclosed. Retaining experienced outside counsel to oversee or conduct the internal investigation preserves privilege, controls the record, and positions the company to make informed decisions about voluntary disclosure and cooperation. Seiden Law Group advises businesses on the early-stage decisions in potential white-collar matters, including when and how to engage with the government.

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Business Litigation

What types of business litigation does Seiden Law Group handle?

Seiden Law Group handles commercial litigation in state and federal courts, with experience across a range of business disputes, including:

Contract disputes — breach of contract, enforcement of agreements, and disputes over performance obligations between businesses and individuals
Business torts — fraud, misrepresentation, tortious interference with contract or business relations, and unfair competition
Partnership and LLC disputes — disagreements between owners, breach of fiduciary duty, and dissolution-related litigation
Shareholder disputes — minority shareholder rights, derivative actions, and disputes over corporate governance
Commercial fraud — civil fraud claims arising from business transactions
Trade secret and non-compete matters — enforcement and defense of confidentiality and non-competition agreements under Illinois law

The firm’s litigation practice draws on its federal court experience. Many business disputes that begin as civil matters have a potential criminal dimension — fraudulent concealment, conversion, civil RICO — and the ability to assess that dimension from the outset is a practical advantage.

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What is the difference between state court and federal court for business litigation?

Most commercial disputes are litigated in state court. Federal courts have limited jurisdiction — they hear cases involving federal law, or cases between parties from different states where the amount in controversy exceeds $75,000 (diversity jurisdiction). Cases involving federal statutes — securities law, RICO, certain employment claims — are typically litigated in federal court regardless of the parties’ citizenship.

The practical differences are significant. Federal courts generally move faster, have more rigorous pretrial case management, and the discovery rules under the Federal Rules of Civil Procedure differ from the Illinois rules in ways that matter for document-intensive cases. The choice of forum — where to file, when to remove to federal court, and how that choice affects strategy — is an early decision with long-term consequences. Seiden Law Group litigates in both the Northern District of Illinois and Illinois state courts.

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How does Seiden Law Group approach business disputes that could be resolved without full litigation?

Litigation is not always the right tool. The time, expense, and relationship damage that full commercial litigation entails can exceed the value of the dispute — or create collateral consequences that outlast the case itself. Seiden Law Group approaches every business dispute with an early assessment of what the client actually needs: is it the money owed under the contract, a permanent end to the conduct at issue, vindication, or a business relationship worth preserving? The answer shapes the strategy.

Pre-litigation demand letters, negotiated resolution, mediation, and arbitration are all tools the firm uses where appropriate. When litigation is necessary, the firm prepares to see it through — through discovery, dispositive motions, trial, and appeal where needed. Clients are best served by counsel who can do both and who calibrates the approach to the specific situation.

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How to Work with Seiden Law Group

How to Prepare for Your First Meeting with a Federal Criminal Defense or White-Collar Attorney

The first meeting with a federal defense attorney is a fact-gathering and assessment conversation. The goal is to give the attorney enough information to understand the situation, identify the key issues, and advise on immediate next steps. Here is how to make that meeting as useful as possible.

Before the meeting:

Write down the sequence of events as you understand them — what happened, when, and who was involved. You do not need a polished narrative; a rough timeline is sufficient.
Note any contacts you have had with government agents, investigators, or prosecutors: when, who reached out, what was said, and what you did or did not respond.
Gather any documents you have received — grand jury subpoenas, target letters, civil investigative demands, regulatory inquiry letters, or search warrants.
Do not discuss the matter with anyone other than your attorney. This includes family, business partners, colleagues, and anyone else who might have knowledge of the underlying facts. Communications with people other than your attorney are generally not privileged.
Do not destroy, delete, or alter any documents, emails, or records. Even if you believe they are damaging, document destruction can become an independent criminal offense.

During the meeting:

– Be direct and complete. The information you provide is protected by attorney-client privilege. An attorney can only give you accurate advice if they know the facts, including the facts that are difficult to discuss.
– Ask the attorney to explain the process: what typically happens next, what decisions need to be made and on what timeline, and what the attorney needs from you to proceed.
– Ask specifically about early-stage decisions: whether to respond to the government’s contact, whether to produce documents voluntarily, whether cooperation is worth considering and what that actually means in practice.

Glenn Seiden and Seiden Law Group, P.C. handle initial consultations for federal criminal, white-collar, and complex business matters. The firm can be reached at seidengroup.law.

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How to Refer a Client to Seiden Law Group

Seiden Law Group has operated by referral for over fifty years. The firm is known to the federal criminal defense and white-collar bar in Chicago and welcomes referrals from attorneys, financial advisors, accountants, and other professionals whose clients face federal investigation, criminal exposure, or complex business disputes.

For attorneys referring a matter:

A brief summary of the situation — what the client is facing, the jurisdiction involved, and the timeline if one is known — is sufficient for an initial conversation. You do not need a comprehensive analysis before reaching out.
The firm handles conflicts checks promptly. If the firm cannot take the matter for any reason, we will tell you directly and, where appropriate, suggest other counsel.
The firm respects referring relationships. Clients referred to Seiden Law Group are treated as coming from a trusted source, and the firm communicates with referring counsel at whatever level of involvement the referring attorney finds appropriate.

For other professionals:

Accountants, financial advisors, and other professionals sometimes become aware that a client is facing a federal investigation or has received contact from a government agency before the client has retained defense counsel. Early referral — before the client has made decisions about how to respond — is often the most valuable thing a professional advisor can do.
The firm is available for a preliminary conversation about whether a situation requires federal criminal defense counsel and, if so, what the immediate priorities are. That conversation is confidential.

Contact: seidengroup.law

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Frequently Asked Questions About Legal Fees and Representation

Does Seiden Law Group charge for an initial consultation?

Contact the firm directly at seidengroup.law to discuss the initial consultation process. Fee arrangements vary depending on the nature and complexity of the matter.

How are legal fees structured in federal criminal matters?

Federal criminal matters are typically handled on a flat fee or retainer basis rather than hourly billing, given the difficulty of predicting the scope and duration of a federal proceeding. The structure depends on the stage of the matter — pre-indictment representation, trial preparation, trial, and sentencing are often handled on separate agreements that reflect the work involved at each phase.

Does the firm handle matters outside of Chicago?

The firm is based in Chicago and primarily serves clients in the Northern District of Illinois. Matters in other jurisdictions are considered based on the nature of the case and any connection to the firm’s existing practice.

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Seiden Law Group, P.C. · seidengroup.law · Chicago, Illinois
Federal Criminal Defense · White-Collar Defense · Business Litigation
Northern District of Illinois · Founded 1974 by Glenn Seiden