- 14001 N. 7th Street, Suite B104, Phoenix, Arizona 85022
- Available 24/7
- 602-926-7373
Defense against federal white collar business fraud charges including securities fraud,
corporate fraud, tax evasion and accounting fraud.
30+ Years Federal Defense
Federal agents are investigating your business and you don’t know what they’re looking for or how far this goes. White collar business fraud investigations can go on for months or years before charges are filed. During that time the government is building their case while you’re in the dark. They’re subpoenaing your records, interviewing your employees and constructing a narrative that makes everything look intentional.
I step in during investigations before charges are filed whenever possible. Getting involved early means I can shape the narrative, protect your rights during interviews and sometimes prevent charges from ever being brought. If you’ve already been indicted I know how to dismantle the government’s case piece by piece.
Federal business fraud is not a single crime but a category of offenses prosecuted under various federal statutes. The most common statutes used to prosecute corporate fraud include Mail Fraud, Wire Fraud, and Bank Fraud.
Wire fraud is one of the most frequently charged federal crimes because of its broad application. It involves any scheme to defraud that uses interstate wire communications (such as emails, phone calls, or internet transfers).
The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money or property.
The defendant did so with the intent to defraud.
It was reasonably foreseeable that interstate wire communications would be used.
Interstate wire communications were in fact used in furtherance of the scheme.
Federal sentencing for business and corporate fraud is primarily governed by Section 2B1.1 of the United States Sentencing Guidelines (USSG). The guidelines are complex and heavily driven by the financial loss associated with the fraud.
Under USSG § 2B1.1, the base offense level for most fraud offenses is 6. If the applicable statutory maximum sentence is 20 years or more (which is the case for wire fraud and mail fraud), the base offense level is 7.
The most significant factor in determining the final offense level is the “loss amount.” The guidelines provide for substantial increases in the offense level based on the intended or actual financial loss caused by the fraud.
While most fraud statutes do not carry mandatory minimum sentences, certain related charges, such as Aggravated Identity Theft (18 U.S.C. § 1028A), carry a mandatory consecutive two-year prison sentence.
The Department of Justice (DOJ) has recently intensified its focus on corporate and white-collar crime.
In recent years, the DOJ’s Fraud Section has reported record numbers of enforcement actions and convictions, with aggregate estimated fraud losses in the billions of dollars. The focus on pandemic-related fraud has led to hundreds of prosecutions nationwide.
The District of Arizona, with divisions in Phoenix and Tucson, has its own unique enforcement landscape.
The U.S. Attorney’s Office for the District of Arizona has prioritized the prosecution of complex financial crimes, healthcare fraud, and investment fraud. Arizona’s growing population and significant retiree demographic make it a target for investment schemes and healthcare fraud.
Federal investigations into business fraud are typically lengthy, secretive and resource-intensive.
Investigations can be triggered by whistleblowers, regulatory audits, suspicious activity reports (SARs) filed by banks, or data analytics used by the DOJ. These investigations often last for months or even years before any charges are filed.
Federal agents use powerful tools to gather evidence, including:
Corporate fraud charges often arise from specific, recurring scenarios.
Charges are typically brought against C-suite executives (CEOs, CFOs), business owners, accountants and financial advisors. These individuals are often well-educated professionals with no prior criminal history.
Defending against federal corporate fraud charges requires a proactive and sophisticated approach.
A conviction for federal business fraud carries severe collateral consequences that extend far beyond a prison sentence.
A: Federal fraud charges typically involve schemes that cross state lines, use federal systems (like the U.S. Postal Service or interstate wires), or defraud federal agencies or federally insured banks. Federal cases are investigated by agencies like the FBI and prosecuted by the U.S. Attorney’s Office, often carrying harsher penalties and more complex sentencing guidelines than state charges.
A: Yes. If that single email was sent in furtherance of a scheme to defraud, it can serve as the basis for a wire fraud charge. The email itself does not need to contain the fraudulent misrepresentation; it only needs to be a step in executing the scheme.
A: You should remain calm, ask to see the warrant, and immediately contact a federal criminal defense attorney. Do not interfere with the search, but do not answer any substantive questions or volunteer information. You have the right to remain silent and the right to an attorney.
A: The loss amount is generally the greater of the actual loss (the reasonably foreseeable pecuniary harm that resulted from the offense) or the intended loss (the pecuniary harm that the defendant purposely sought to inflict). This calculation is often highly contested and requires expert financial analysis.
A: While difficult, it is possible in some cases. The outcome depends on factors such as the loss amount, the defendant’s role in the offense, their criminal history, and whether they cooperated with the government. An experienced attorney can advocate for a downward departure or variance from the sentencing guidelines to secure probation or a reduced sentence.
A: A target letter is a formal notification from a federal prosecutor informing you that you are the subject of a grand jury investigation and that the government believes you have committed a crime. If you receive a target letter, you should contact an attorney immediately, as an indictment is likely imminent.
A: Yes. Under the doctrine of *respondeat superior*, a corporation can be held criminally liable for the illegal acts of its employees or agents if those acts were committed within the scope of their employment and intended, at least in part, to benefit the corporation.
Facing federal charges? Call now for a free, confidential consultation with an experienced federal defense attorney who has handled these cases for over 30 years.
Available 24/7 — Nights & Weekends
30+ Years Federal Defense Experience
U.S. Army Veteran (82nd Airborne)
Time is critical when facing federal charges. Every day without experienced counsel is a
day the government uses to build its case against you. Contact Myles A. Schneider today
for a free, confidential consultation.
Available 24/7 – Free consultation for all federal criminal matters
This site is for informational purposes only. Not legal advice.
Website crafted by Minnesota Legal Website Design & SEO
