If you face fraud allegations, you may feel enormous pressure to come out swinging in order to defend yourself. This an understandable response, but may not prove as effective as you might hope. In fact, your response to fraud allegations can greatly impact the outcome of criminal or civil fraud charges.
No matter what the charges concern, you deserve an experienced and professional counselor at the helm of your defense. With proper counsel, you can assess the claims against you and determine a wise path forward.
Your attorney will likely advise that you avoid talking about the allegations leveled against you or taking action to cover up any wrongdoing or the appearance of wrongdoing. Rather, it is wise to seek advice from your attorney before taking action or speaking to anyone about the issue.
Except for an attorney representing you, very few individuals can legally keep conversations about such allegations confidential if a court issues subpoenas in the case. This means even your family members may face legal obligations to disclose your conversations if a court subpoenas them to testify.
Keep in mind that criminal fraud charges generally require the individual accused of wrongdoing to also have the criminal intent to defraud. If you simply make a mistake, or if someone else accuses you of fraud unfairly, this may not rise to the level of fraud. However, civil fraud charges may simply involve a bad-faith transaction. The threshold of evidence that a civil fraud suit demands is much lower than ii is for criminal charges.
Be sure to consult with an experienced attorney to fully understand your options as you build your defense in order to protect your reputation in your field and beyond.
Source: FindLaw, “Fraud,” accessed Nov. 09, 2017