Are You Facing Financial Fraud Charges?
Financial fraud can involve several hundreds of dollars to several billions of dollars. It is the deceptive and unauthorized taking of money or property of another person, business or government and using it for your own personal gain. Often white collar crimes involve a position of trust - like the treasurer of the local school board, the teller at the local bank, the Army soldier tasked with overseeing government contractor funding or the CEO of a major corporation.
Anyone can be tempted to take just a few dollars here or a few dollars there when keeping the books or handling the accounting. Often, a scheme of financial fraud will be uncovered when the person involved takes time away from work and another person will have to cover for them while they are out. Then, the scheme unravels. The numbers don't add up and an investigation is launched into the missing funds.
Are You Under Investigation For Financial Fraud?
The best defense in a white collar crime investigation is having an attorney on your side as soon as you know you are suspected of involvement in any of the following:
- Antitrust Crimes
- Bank & Check Fraud
When computer and Internet crimes involve allegations of Internet fraud such as hacking, identity theft, banking theft or virus attacks, investigators will often seize computers to review e-mails and online activity. During these investigations, it is possible for one's rights to be unfairly trampled by law enforcement.
At Roberts Law Group, PLLC, we defend those charged with committing Internet fraud in both state court and federal court. We represent individuals accused of Internet fraud, white collar crimes and other computer crimes, including:
- Credit card fraud
- Identity theft
- Investment fraud
- Bank fraud
- Online auction fraud
These types of fraud are often accomplished through hacking, spoofing, phishing and creating malware or other forms of a computer virus - all of which are often accompanied by additional criminal charges.
Experienced Criminal Defense in North Carolina
Experienced in handling all types of Internet crimes, Roberts Law Group, PLLC understands how to challenge Internet fraud charges. Because it is possible for hackers to use "zombie" networks, we'll look at whether the prosecution can prove that you were at your computer when the illegal act was committed, as one example. We know how to deflect attempts by investigators to solicit incriminating statements and what forensic tests to perform to challenge the prosecution's allegations.
- Federal Contractor Fraud
- Fraud & Forgery
- Healthcare Fraud (including Medicare/Medicaid Fraud)
- Insurance Fraud
- Money Laundering
- Mortgage Fraud
- RICO Violations
Defending Investors, Brokers and Advisers Against Charges of Securities Fraud
An investment fails and investors start making accusations. Unusual patterns of suspicious trading or investment behavior are found to encompass a prolonged period. It does not matter how investigators are first alerted to securities fraud; what matters is that you are under investigation. The Department of Justice, the FBI and the Securities and Exchange Commission (SEC) aggressively investigate investment fraud and have virtually unlimited resources to back their investigation.
If you have been charged with securities fraud or are under investigation, it is essential to consult with an attorney as soon as possible to protect your rights and resist attempts on the part of investigators to portray your actions in a criminal light.
We counsel and represent stockbrokers, financial advisers and investors accused of:
- Churning stock or excessive trading
- Making unsuitable investments
- Ill-advised bundling of investments
- Using misleading or fraudulent sales practices
- Ponzi or Madoff pyramid schemes
- Violating fiduciary duties
- Pumping and dumping
- Over-concentrating assets in only a few funds or investments
- Using offshore accounts to inflate reported assets
- Backdating stock options
- Insider trading
To establish securities fraud, the prosecution must prove that you intended to defraud your client, that you violated your fiduciary responsibilities and that you acted contrary to generally accepted industry standards and what the current market dictates.
In defending our clients, we place their decisions within the context of market realities at the time. We carefully examine market conditions, looking at trends and taking the time to reconstruct what happened in order to show that your decision made sense and was in compliance with your fiduciary duties, state and federal law.
Defense Against Income Tax Fraud Charges
Tax investigations can be extremely stressful. If the IRS believes that you have committed some kind of income tax fraud, it will use its network of government resources to conduct an audit and will prosecute if they find evidence of tax fraud or tax evasion.
At Roberts Law Group, PLLC, we help those who are under investigation for tax fraud. When clients come to us early on in an investigation, we can often help them avoid jail and heavy fines. In other instances, we may be able to redirect the focus of an investigation or prevent IRS agents from acting prematurely and without cause.
Suspicion of income tax fraud and tax evasion is taken very seriously. If the IRS uncovers what it believes to be fraud or tax evasion, the response is typically swift and severe: assets are seized, bank accounts frozen and businesses shut down.
Reporting income tax evasion can result in charges of tax evasion from both legal and illegal activities. Money made from an illegal activity such as drug trafficking, embezzlement, money laundering or illegal gambling cannot be declared on taxes - which means that in some instances, if criminal charges cannot be brought for the underlying activities, then federal tax evasion charges are brought instead.
Tax evasion charges can also be brought against legitimate businesses and individuals, often involving allegations of:
- Failing to file tax returns
- Misreporting business income
- Underestimating income
- Using false receipts
- Using someone else's Social Security number or other tax identification number
- Claiming ineligible deductions or false depreciation
- Failing to report income in offshore accounts
- Sales tax or payroll tax fraud
Resolving Charges of Tax Fraud and Tax Evasion
The IRS' goal is to make sure that those who owe pay. For this reason, the IRS is more inclined to work with someone who steps forward on his or her own free will and admits to owing back taxes or misreporting income. While a fine may be levied, in general, IRS attorneys defer prosecution in such cases, requesting probation instead of prison.
If, however, back taxes or fraud is discovered through an IRS audit, prosecutors typically seek heavy fines and a prison sentence. We help businesses and clients step forward and negotiate a solution with the IRS before criminal charges are filed.
Tax Fraud and Tax Avoidance Defense Lawyers
You cannot be found guilty of tax fraud simply because you owe taxes. It has to be proved that you knowingly acted with criminal intent to defraud the government. Misreporting income or claiming deductions you should not have may be an honest mistake and should not be punished with a felony conviction.
Patrick Roberts is a former prosecutor now devoted to defending those facing income tax evasion charges or other state or federal criminal charges in North Carolina. He is a graduate of the White Collar Criminal Defense College at Stetson University where he received extensive training on issues such as:
- Making presentations to the government in the form of proffers.
- Navigating the ethical dilemmas a client may face such as retention of his or her clientele.
- The efficient manner in which to oversee the search of our client's records and related documentation.
- The parallel proceedings with professional organizations resulting from an allegation of committing a white collar crime.
- The most effective manner to represent not just large corporations but also the small corporation or individual.
- Effective trial preparation and jury selection.
- Conducting our own investigation, separate and apart from the respective government agency.
A misunderstanding of the tax code and income tax evasion law might result in a pattern of income tax reporting by a business that looks like fraud, but actually is not. At Roberts Law Group, PLLC, we present evidence and eyewitness testimony when necessary to challenge and undermine the claims of the IRS.
Call Me If You've Been Accused of a White Collar Crime
You may believe that you can talk your way out of false accusations of financial fraud. Unfortunately, many people who attempt to explain their side of the story actually make things worse. Your employer's investigators, the police and federal agents are not on your side and may twist your words against you. We strongly suggest that you contact a lawyer immediately if you are under investigation for financial fraud.