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Ostrander Vail LLP · Federal defense · DC

PA 03 · Practice area

Fraud and white-collar charges

Wire fraud, mail fraud, bank fraud, securities fraud, tax offenses, money laundering and conspiracy. These cases are built from documents, so that is where we start.

A hand works a desk calculator beside a laptop and printed financial statements

White-collar cases are rarely about whether money moved. They are about what people knew, what they intended, what they relied on, and how the government counts the loss. We read every page of the evidence, test the government's theory with our own forensic accountants, and prepare for trial while we explore every other path.

Usually for

Executives, finance staff, business owners, brokers and advisers charged with or investigated for federal fraud offenses.

You are reading: Is this you?

Is this you?

It may be time to call if…

  • You have been charged with wire fraud, mail fraud, bank fraud or conspiracy.
  • The case involves securities, investment offerings or accounting entries.
  • The government alleges tax evasion, false returns or false statements.
  • The case involves a pandemic-era loan program or another government benefit.
  • A civil regulator, such as the SEC, is pursuing a parallel case.

Where this sits in a federal case

Where this work usually happens.

Marked on the rail: charges and first appearance; discovery and motions; plea discussions; and trial. Select any stage to read what it means in our plain-language guide.

What we do

Five things, in roughly this order.

  1. 1

    Own the evidence

    We load the discovery into a searchable database and read it, so we know the documents as well as the agents who collected them.

  2. 2

    Test intent and loss

    Forensic accountants rebuild the numbers. Good faith, reliance on accountants or lawyers, and an honest loss figure often decide these cases.

  3. 3

    Bring the right motions

    We challenge charges that do not fit the statute, searches that went too far, and evidence that should not reach a jury.

  4. 4

    Coordinate the parallel cases

    Regulators, civil lawsuits, licensing boards and employers all move at once. We keep every track consistent so one does not undermine another.

  5. 5

    Decide with the full picture

    Whether to negotiate or try the case is your decision. We give you the likely range for each path, in writing, before you choose.

This week

What to do, and what to leave alone.

Do

  • Keep your own copies of records you are allowed to keep.
  • List every accountant, lawyer and adviser whose advice you relied on.
  • Route civil and regulatory matters through your defense team.

Avoid

  • Moving money or assets in unusual ways.
  • Talking about the case with coworkers or former colleagues.
  • Signing anything in a civil or regulatory matter without coordinating.

General information, not legal advice for your situation. Speak with a lawyer before acting.

Example matter

A small-business owner is indicted over a pandemic-era loan

Mixed result

Situation
She was charged with several wire fraud counts tied to a government-backed loan.
What we did
Our forensic review showed the government's loss figure counted funds that were spent on payroll as the program intended.
How it ended
She pleaded guilty to one count with a much lower agreed loss figure. The court imposed probation.

An illustration with details changed and no names, courts or cases. Every matter turns on its own facts; past results do not guarantee any outcome. See all example matters, including ones that went against us.

Questions

What people ask us first.

What does intent to defraud mean?

In general, the government must prove the person acted knowingly and meant to deceive or cheat, not just that a statement turned out to be wrong. Honest mistakes and good faith reliance on professional advice can matter a great deal.

Why does the loss amount matter so much?

In fraud cases the loss figure drives much of the sentencing guideline calculation. A careful, documented loss analysis can change the likely sentence significantly.

Can a civil SEC case and a criminal case happen at once?

Yes. Parallel proceedings are common. What you say in one can be used in the other, so both need to be handled by people who see the whole picture.

More questions

Confidential consultation

Talk to us about fraud charges.

A short, confidential call is often enough to learn where you stand and what to leave alone this week. Do not send details through the form; we will cover them by phone.

Please do not send case details through any website form or by email. We cover them by phone or in person, under privilege.

Consultation line: 7 days, 7:00 a.m. to 10:00 p.m. If a search or an arrest is happening now, call at any hour.

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