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Federal Financial Criminal Defense Investigations
Federal crimes are taken seriously not only by the state of Michigan, but several federal agencies such as the FBI, IRS, and SEC. For many subjects in Michigan federal financial criminal defense investigations, learning that they are a potential person of interest may be a complete surprise. By contacting a determined criminal defense attorney as soon as possible, you could to make sure your rights are being protected and build your case.What Happens When a Company is Under Investigation?
In a federal financial offense investigation, an attorney may ask who the subjects of an investigation are and whether an entire company is under investigation. A company is a legal entity under the law and therefore could be indicted as a whole.
As it not necessarily plausible for an entire company to receive jail time, a company who is accused of an offense may be subject to pay significant fines. If one is a principal employee in a company, such as a majority stockholder, they may be subject to further investigation and be held to a higher accountability for the alleged offense.Notification of Investigation
There is no obligation on the part of the FBI or the IRS to notify a defendant. The first time an individual may become aware of charges against them is when an agent of the FBI or IRS begins their questioning or information is subpoenaed.
How a subject of an investigation of a financial offense is notified could vary. Since some federal financial offenses could be committed by a company as well, it is important to contact a seasoned attorney who may know how to help reduce potential fines or other consequences.
Unlike the FBI and IRS, the SEC (Securities and Exchange Commission) has some requirements for notifying a person who is being investigated. They notify an individual through, a Wells notice, which explains that there has been a recommendation made to begin investigation activities regarding an alleged offense.Common Violations That Lead to Financial Crime Investigations
Common offenses that may lead to a financial crimes investigation in Michigan are generally deal with inconsistent or incorrect financial practices.
These violations could involve:
- The manipulation of financial data
- The valuation measurements of a corporation
- An artificially inflated financial performance based on fictitious performance indicators
- Potential purchasers of a corporation being misled as to the financial viability of the corporation
- Non-public information disclosed to a limited number of people
People should seek legal counsel as soon as they become aware that they are the potential subject of Michigan federal financial criminal defense investigations. They might learn that a subpoena was issued, or an employee was questioned, which could be a good time to contact an experienced federal crimes attorney.Role of a Michigan Federal Crimes Attorney
A federal financial crimes lawyer could help to contact the agencies as soon as possible to find out what they are looking for, what they believe happened, and what information they want. The authorities could get a lot of that information by subpoena so it is important to be vigilant about Michigan federal financial criminal defense investigations.
Instead of talking to authorities immediately, an attorney could advise the defendant on a suitable course of action during an investigation. A skilled lawyer could reach an accommodation with them, that could narrow the scope of the subpoena or potentially explain the base of their investigation further.