What to Do If You Are Accused of Business Fraud September 20, 2018 | Business Litigation
What Is Business Fraud?
Business fraud is an umbrella term that encompasses numerous different crimes. It is considered any act committed by or through a business that is intended to deceive someone with false representation of the facts. As such, business fraud can be committed by anyone connected to a business. Most business fraud is committed by the business owner or employees to obtain money, secure assets, or advance the business’ interests.
The following five elements are used to identify business fraud:
- You misrepresented a material fact
- You knew your misrepresentation was false
- You intended to defraud the victim
- The victim relied on your information as truth
- The victim incurred damages or injury as a result
Bribery, theft, extortion, mail fraud, tax evasion, and bankruptcy fraud are all considered types of business fraud. Since jail time, fines, and restitution are all common punishments for business fraud, it’s important to know exactly how to react to your charges.
Step One: Don’t Talk to Investigators Without Your Attorney
Investigators will be eager to speak with you and use your words against you in court. Even a seemingly harmless statement can come back to haunt you, so silence is your best option. Wait until you have an attorney to speak with anybody related to your business fraud charge.
Step Two: Find An Aggressive and Experienced White Collar Criminal Defense Attorney
Thanks to attorney-client privilege, anything you say to your attorney is protected by privacy laws. Give your attorney as much information as possible into your case so he can create the strongest defense. Once your attorney understands the situation and develops a plan, he will help you speak to investigators and provide the information that will best benefit your situation.
Step Three: Plan Your Defense
Your attorney will devote himself to investigating the allegations against you and protecting you from incriminating yourself. He will plan your defense strategy, negotiate with prosecutors, and possibly even prevent charges from being filed
If you have been accused of business fraud or another white collar crime yourself, don’t hesitate to find an aggressive criminal defense attorney who knows how to protect your rights and freedoms. Call (727) 497-7824 to schedule a case evaluation with The Law Office of Robert Eckard & Associates today.