While the government has always kept an eye on suspicious activity relating to white collar crimes, in recent years a number of factors have raised its levels of scrutiny, investigation, and prosecution. Since 9/11, government agents are more concerned about the connection between money laundering and terrorist activities. Due to the financial crisis in 2008, investigators are watching businesses to ensure corporate compliance and accurate bookkeeping. They are also looking more closely at the mortgage industry for fraudulent lending practices. In addition, federal prosecutors have increased monitoring of individuals and companies with foreign assets and accounts, in search of reporting violations. Most recently, due to the new government health care system, there will certainly be an increase in Medicare fraud investigations.
Now more than ever, individuals accused of white collar crimes need to secure an experienced criminal defender to ensure they are receiving fair treatment by the criminal justice system.
At The Tausk Law Firm, we are seasoned criminal defenders with many years of experience representing individuals accused of white collar crimes. We provide comprehensive representation at all stages of a case, including during the investigation, at grand jury proceedings or at trial.
We are equipped to address any type of federal or state fraud charge, including allegations of:
White collar criminal defense is usually complex and involves both accountants and fraud examiners in addition to attorneys. Unlike crimes which involve weapons or violence, the evidence, both for and against the client, is far from straightforward and usually involves a great deal of investigation.
Our lawyers are skilled in all necessary investigations, working with accountants and forensic examiners and making all necessary recommendations for proactive action. Attorney Tausk is also a Certified Fraud Examiner and brings the insight necessary to ensure comprehensive protection of your rights. Should a criminal investigation or prosecution already be underway, our experienced legal counsel stands ready to offer you a vigorous defense.
The Sarbanes-Oxley Act (“SOX”) sets forth accounting rules and required disclosures for publicly traded domestic and foreign companies doing business in the United States and private companies preparing to become public.
SOX compliance requires applicable companies to establish an accounting framework that produces financial reports that rely on verifiable data. The data cannot be revised without documenting the change, the person who made it, the reason, and the date. Additionally, SOX requires companies to disclose material changes to their financial conditions and operations in an easily understandable format. Finally, companies must keep and maintain business records for five years. The CEO and CFO are responsible for the accuracy of each financial report submitted to the Securities and Exchange Commission (“SEC”) and can be held criminally liable under SOX for making false or inaccurate reports.
It is vital to have competent legal counsel when charged with SOX violations or even if under investigation for SOX violations.
Whether you are the subject of a white collar crime investigation or if the prosecution is already underway, we are in a position to help. Contact our Texas white collar criminal defense attorneys to learn more.
Gene P. Tausk hosts the ‘Fraud and White Collar Crime’ podcast. New episodes are available twice a month. The podcast is available on:
