Over the past decade, the FBI, the SEC, and other federal agencies have increasingly sought to criminalize business conduct based on allegations of fraud. Everyday business disputes, simple mistakes on forms, factual inaccuracies in marketing materials, and negligent conduct, instead of being resolved as civil disputes, are now investigated and prosecuted as criminal fraud cases, carrying draconian penalties.
In these circumstances, we have successfully counseled and represented lawyers, accountants, businessmen, an FBI agent, and numerous other clients investigated for or charged with a wide array of allegedly fraudulent conduct, such as insider trading, mortgage fraud, bank fraud, health care fraud, tax fraud, bankruptcy fraud, false financial disclosures, false statement to a federal agent, perjury, immigration fraud, and money laundering.
In some cases, especially white collar and corporate fraud investigations, the target or suspect learns about the criminal investigation before anyone is indicted. Our firm provides crucial representation at this early stage of a case, before or during the grand jury investigation, which often results in a more favorable outcome than might otherwise be possible. This requires interviewing potential witnesses, reviewing and organizing important documents, and thoroughly researching the critical legal issues.
Most importantly, it requires experience and knowing how the government approaches these cases. The United States Justice Department relies upon its Principles of Federal Prosecution of Business Organizations in making prosecutorial decisions. Reacting to a corporate investigation under these principles involves a complex set of calculations concerning how much to cooperate with the government’s investigation and how much to get ready to fight. A careful and nuanced understanding of the Justice Department’s principles can help a client resolve a grand jury investigation without any charges being brought. We have often been successful in accomplishing this for our clients.