While some issues can be easily resolved on a managerial level without much effort, other, more serious matters may require an internal investigation to determine the source and the scope of the problem. Ignoring corporate irregularities may result not only in disruption of business activities, but also in civil and criminal liabilities.

Corporate officers and  managers have a fiduciary duty to the corporation to manage the corporation, which of course includes the duty not only to steer the corporation away from legal issues but also to ensure that should such issues arise, steps are taken to either correct the problem or mitigate damages to the corporation. In the white collar criminal context, a corrective action may even be as simple as correcting or withdrawing false statements made by corporate officers in the course of any governmental investigation.

In our practice, internal irregularities which corporate client face usually coexist with federal criminal violations in the areas of tax and securities, although larger corporations may be involved with issues such as labor or antitrust. These issues, once exposed, will in most cases trigger a government investigation that can and often does result in criminal charges filed against corporations and their officers.

The best way to handle these issues is to avoid them in the first place by implementing compliance manuals and procedures. However, if a new situation is discovered, being proactive is the key. Many problems can be resolved before they escalate to the next level and become more serious problems. An internal investigation is the first step that should be taken as soon as the management becomes aware of the issue. If it is delayed or neglected, it could be later interpreted by courts as an attempt to cover up the criminal violation.

An internal investigation should be conducted discretely and efficiently by a competent corporate criminal defense law firm. Any reports generated by the investigation should be protected by the attorney-client privilege to limit criminal investigator’s ability to obtain them through subpoenas.

If you would like to speak to a corporate criminal defense attorney in New York, contact our offices at (516) 204-7611 to schedule a confidential consultation.

Section 152 of Title 18 of the U.S. Code is the one of the main criminal statutes used in bankruptcy fraud prosecutions. The statute essentially provides a “catch all” list of acts that constitute bankruptcy fraud, the first one being concealment of property.  That means not listing property or affirmatively conceal property of the bankruptcy estate. The law defines property as anything in which a debtor has legal and equitable interest. The debtor must disclose property even if it is not clear whether he the debtor is the owner.

It is not a valid defense for a debtor who failed to disclose property or tried to conceal it that his or her bankruptcy attorney was responsible for it or that the lawyer did not advise the debtor properly. Ultimately, the duty to disclose estate property is the debtor’s. It is largely irrelevant whether the debtor has a lawyer.

So, How Can Property Be Concealed?

There are many ways property can be concealed for the purposes of Section 152. It can be done by opening up secret bank accounts, using fraudulent asset transfers to third parties, or just hiding items. Another way is to make false statements to creditors and trustees so that they believe that the asset in question belongs to someone else. If such cases end up in trial, one factors courts consider is whether the debtor acted with specific intent to commit fraud or the transaction was legitimate. However, courts hold that even of the transaction was no illegal per se but the debtor acted with intent to commit fraud by concealing property, that could still be ground for prosecution and conviction.

If you are a have been investigated with concealing property in a bankruptcy fraud or have any other bankruptcy related criminal matter, call out New York bankruptcy fraud lawyers today at (212) 577-6677 for an immediate consultation.

The most common form of social security benefits abuse is the wrongful collection of benefits intended for the actual beneficiary, alive or deceased.  Payments made to the deceased must be returned under all circumstances, while strict laws dictate who may collect benefits on behalf of the beneficiary.

The most common way that social security fraud is investigated is through complaints to the Office of Inspector General as well as through routine audits.  Patterns of fraud might also become apparent through the routine use of the deceased social security number, as this is frequently used to apply for additional benefits.

Collecting the benefits of another and then refusing to properly disburse those benefits to the rightful beneficiary is also a form of social security fraud, which will be subject to criminal penalties depending on the adverse effects such fraud would have on the beneficiaries health and well-being.  Caretakers do not have any rights in part or full to the social security benefits of beneficiaries.

The worst frauds have drained the federal government of tens of thousands of dollars, while others might involve false statements made to gain eligibility for benefits.  Regardless of the type of fraud, a Long Island criminal defense lawyer can help you when you are under investigation for social security fraud.  Contact our Long Island criminal lawyers today at (516)204-7611for an immediate consultation.

Fraudulent false advertising involves the creation of print or electronic ads that are used to further a criminal scheme by soliciting potential victims into buying fictitious or defective products or join in schemes to defraud or other attempts at inducing illegal behavior.  False advertisement can occur either through the strategic placement of ads or solicitation through the print and the Internet.  This can include spam emails and the spoofing of legitimate advertising to redirect to a different website.

Fraudulent advertising has a number of functions, generally involving false or claims to coordinate fraud.  Most of these false claims will lead to civil claims for fraudulent activity. Interstate schemes to defraud will be counted as criminal conspiracy as well as wire or mail fraud depending on the tools used to perpetrate the fraudulent false advertising.

Fraudulent advertising has been used in a number of tax scams as well, generally to lure unsuspecting “straw men” into participating in schemes to defraud the government using fraudulent tax returns.

If you are under investigation in Long Island for interstate fraud, you need the best in legal representation to handle your legal defense.  Call our Long Island criminal lawyers today at (516)204-7611 for an immediate consultation.

Fencing is the act of reselling stolen goods for cash.  The cash that is received is virtually untraceable, which makes it a valuable part of money laundering.

At the highest level, this will involve the movement of stolen art and other valuable artifacts, which is sold through legitimate dealers.  The FBI will be involved in the investigation of most stolen art and similar items of value.

Those that participate in the scheme to move the artwork for profit, from appraisers to dealers to agents will all face potential criminal liability for their involvement in the scheme to benefit from the sale of the stolen items.

It is difficult to gauge who may be implicated in the fencing of stolen goods, but the fencing of stolen artifacts especially entail the use of financial manipulation and involvement of financial professionals.

Most that are involved indirectly in the fencing of stolen art and artifacts will be charged with criminal conspiracy, with subsequent charges added related to the nature of their criminal involvement.  To set up a consultation with our Long Island criminal lawyers, call us today at (516)204-7611 for an immediate consultation.

In the post-financial crisis era, the SEC has stepped up efforts to recruit insiders in financial entities under investigation.  Similar to criminal investigations, informants report on fraudulent activity.  Usually the informant cooperates to reduce potential legal ramifications for their own illegal activity.

All evidence provided to the SEC must be truthful and factual and the informant must eventually testify against the financial entity.  Only then can the informant expect leniency for his or her involvement.

Insider trading, accounting fraud, adviser fraud and market manipulation are all SEC investigations that benefit from the use of insiders.  It is important to note that not all information provided by the insider will lead to the prosecution of members of the financial entity, nor will it be beneficial to the investigation.  One cannot always expect that cooperating with the SEC will produce results that will lead to leniency.

Making the decision to cooperate, as an informant is not an easy, consulting with a white-collar crimes lawyer is essential to determine the extent of your legal liability.  You may benefit from working with investigators but there is also a chance that doing so is not in your interests.  To speak with our Long Island federal criminal lawyers today call (516)204-7611.

An unfortunate aspect of many criminal prosecutions is that many times the defendants have been coerced to commit crimes on behalf of others, under duress.  Duress may include violence or the threat of violence, but often can involve any other unreasonable pressure.

Coercion is a useful criminal defense in that it eliminates an individual’s consent to perform the criminal act.  Pleading coercion is tantamount to agreeing that an illegal act was committed, but that the defendant cannot be held liable for their actions.

It is important to note that not all “pressure” will qualify as coercion.  Any duress involved in the criminal act implied that harm more serious than the crime that will be committed.  This aspect is not hard to claim in most white collar crimes since the threat of violence is generally considered greater danger than financial malfeasance.  For an element of coercion to be present, the accused must not have been able to avoid the situation or be free from the threat.

Making a coercion defense is not a guaranteed defense, but in the presence of undue pressure and threats in the workplace, you will be able to make a compelling case for your innocence.  To schedule a consultation with our Long Island criminal lawyers, call 516-204-7611 without delay.

In any conspiracy or wrongdoing involving multiple participants, any of the members of the scheme can mount an abandonment defense if they pull out of the scheme before the illegal activity is completed.  This is an affirmative defense that admits wrongdoing with the condition that the crime was renounced upon the nature of the scheme becoming apparent.

In order to make an abandonment or withdrawal defense, you will need to prove that the criminal nature of your actions was not readily apparent and that all criminal activity was renounced when that became apparent.  Additionally, you will need to prove that you were not aware that the scheme would be discovered and your disavowal of criminal activity was made in good faith and not due to the fear of imminent discovery.

The defendant will bear the burden of proof in this affirmative defense and will need to demonstrate the level of participation in the scheme and how the defendant renounced the illegal activity.

No criminal defense is a guaranteed of your innocence, but competent legal counsel is essential in all white collar criminal cases.  If you are implicated as part of a criminal conspiracy in New York, contact our Long Island criminal defense lawyers today at 516-204-7611 for an immediate consultation.

Mass marketing fraud involves the solicitation of a number of individuals with promises of a limited time offers, employment opportunities or opportunities to donate to charity.  These are typically the start of advance fee fraud or other pyramid schemes.  Mass marketing fraud is popular among scammers as they will be able to reach multiple audiences in a very limited time, thus increasing the potential for them to perpetrate a successful scam.

Most mass marketing scams will be quick so to avoid scrutiny and long term exposure.  The most typical of these scams are work from home and other check cashing scams.  The check mailed to the victim is counterfeit but the fraud is not detected immediately by the bank.

By then the victim has already paid fees, sent confidence money or has exposed their personal information to the “employer.”  The counterfeit is discovered at the victim will find themselves in legal trouble for counterfeiting.

Mass marketing scams on the internet target multiple individuals across several states, which is why there will be a federal investigation into alleged fraud.  When you are under investigation for mass marketing fraud, contact our New York White Collar Crimes lawyers today at 212-577-6677.

Any information that misleads investors is potentially grounds for investigation and prosecution.  There are a number of frauds that can be perpetrated against investors with the help of poor auditing.  The intent of poor auditing is to conceal the financial reality about a company from the typical investor.  This is similar to “cooking the books.”  In terms of outright fraud however, the audit, which can be sloppy or downright falsified, the scheme only has to last until the other fraud is perpetrated.

Hedge fund fraud is one such scheme that utilizes bad auditing practices to fool investors.  Poor auditing may be practiced after successful litigation against the hedge fund, in order to give them semblance of internal oversight.  For lower level hedge fund fraud, accounting professionals may cooperate with others inside and outside the fund to conceal certain information from executives and other important figures in the hedge fund.

Accountants have a fiduciary duty to their client to ensure their information and actions are accurate and truthful.  When an accountant is asked to participate in white collar crime however, they will be charged with conspiracy to commit fraud, in addition to other applicable federal statutes.

If you are an accountant under investigation, contact our Long Island White Collar Crime Lawyers today at 516-204-7611.