NYC Accounting Fraud Lawyer
Recently, there have been a number of news reports that this type of criminal offense is no longer is being pursued aggressively by prosecutors because there are far more important crimes out there to focus on. In fact, at Greco Neyland, PC, we would argue just the opposite – the DOJ (Department of Justice) is not going to pass up the chance to prosecute any type of fraud, just because there are other crimes that may appear to be more important being committed. The fact is that the DOJ is actively investigating and pursuing federal charges on fraud cases everyday.
What is Accounting Fraud?
Accounting fraud charges may encompass a wide variety of activities. The crime is committed when there is a manipulation of accounting documents or financial records with the intent of achieving a financial benefit. This may include the falsification of records or the use a scheme or artifice to achieve a specific financial goal. Some of the most common types of accounting fraud include:
- Creating a false picture of a business’ assets, income, and/or losses to potential or actual investors (aka, “cooking the books”);
- Creating false documents that misrepresent the assets, income, losses, and/or sales of the business;
- Creating false documents or making false or misleading statements about expenses or liabilities; and
- Making misrepresentations or creating false statements about profits in order to avoid tax liability.
There are many types of additional actions that can contribute to accounting fraud, including interfering with the timing at which events or activities are reported, creating false impressions about the financial state of the company. Further, fraudulent appraisals can create a very different picture than the reality of the company’s financials. Accounting fraud often leads to serious losses in the value to shareholders and leads to market distrust, which can have wide-ranging consequences. This is one of the reasons that the federal government so actively pursues this type of crime.
When the federal government is involved in the prosecution of accounting violations, the investigative body will either be the Securities and Exchange Commission (SEC) or Internal Revenue Service (IRS). The decision to prosecute means that the individual or company being investigated faces severe penalties. The investigation involves the collection of vast reams of financial documents, so the person or business being targeted learns about the investigation early in the process in most cases. If a person learns about the investigation, even if he is not convinced that it is going to lead to charges against him, it is important to contact an experienced criminal defense attorney as soon as possible.
How an Attorney Involved in the Early Stages Can Help
Having an attorney representing a person’s interests throughout the process has a multitude of benefits, including providing the attorney the chance to watch how the prosecution is developing the case. It may be possible to get a client cleared of involvement before charges have been filed. In addition, the investigation activities of the agents can be reviewed while the case is ongoing. Many times, these agents, who are backed by the full weight of the federal government and nearly endless resources, will use improper and illegal means to try to get information. If these constitutional violations can be addressed right away, it is possible that a client may not be prosecuted.
Greco Neyland, PC Does Not Run from a Fight
One thing that many people do not realize is how often a criminal defense attorney will take a case, make a minimal attempt to dissuade the prosecutor from pursing criminal charges, negotiate a quick plea, and then recommend the deal to his client. This is because going to trial requires a lot of time and effort. However, this is the opposite of what a client will find at Greco Neyland, PC. Our attorneys always are going to do what is right for the client rather than what is convenient, or easy, for us. We are ready to take on the prosecution in order to get the best results possible for our clients. Our willingness to go to trial even has resulted in a dismissal of charges in some cases when the prosecution had to face the weaknesses in the case. We have a Manhattan office in order to provide tenacious and effective representation to clients here, but we do not inflate our rates because of the locale. To discuss your case during a free initial consultation, call us at (212) 951-1300.