Accounting Fraud and Corporate Theft

Accounting fraud and corporate theft are serious issues that can create exposure to federal enforcement action in addition to resulting in immediate financial and reputational harm. Our corporate investigations lawyers represent companies nationwide in uncovering and remedying these and other issues.

Companies have no choice but to place their trust in their employees. Business owners, managers, and human resources (HR) departments do their best to screen job candidates and choose individuals who appear to be well-qualified for the job at hand. However, even the best hires can go awry, and once-trusted employees at all levels of the organization can suddenly give companies no choice but to take legal action to protect themselves.

Welcome to the world of accounting fraud and corporate theft. While multi-billion-dollar accounting fraud schemes involving hedge funds and large public companies make headlines, these problems can affect companies of all sizes and in all industries. Issues typically arise suddenly, and the consequences are often both swift and severe.

At Oberheiden, P.C., our lawyers handle accounting fraud and corporate theft matters on behalf of companies nationwide. When information about accounting fraud surfaces, when a whistleblower files a complaint, or when you discover that an employee has stolen company assets, executing a swift and effective response can be critical to mitigating the harm caused. In many cases, it can also be essential for preventing the issue from triggering federal enforcement action. The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Securities and Exchange Commission (SEC), Drug Enforcement Administration (DEA), Department of Health and Human Services (DHHS) and various other federal agencies all have jurisdiction over federal matters arising out of cases of employee misconduct.

Outside Counsel for Investigations Targeting Accounting Fraud

Accounting fraud can take many different forms, and there are various reasons why an employee may choose to misstate or misrepresent corporate financial data. While employees who engage in fraudulent accounting practices generally do so for their own personal gain, the consequences of their fraudulent practices can reverberate throughout the corporate organization.

We conduct independent accounting fraud investigations on behalf of financial institutions, hedge funds, investment firms, accounting firms, and public and private corporations. We handle investigations examining the conduct of employees at all levels of our clients’ organizations, and we have the knowledge and experience required to uncover all types of fraudulent accounting practices. In addition to senior attorneys, our team also includes forensic experts, auditors, and investigators – many of whom were previously highly-ranked agents with the FBI, IRS, and other agencies.

Accounting fraud schemes are becoming increasingly sophisticated, and employees who have the know-how to perpetrate these schemes can profit handsomely at their employer’s expense. We handle investigations at the corporate level involving all types of accounting fraud, including:

• Overstating or understating assets or revenue
• Overstating or understating debts or expenses
• Fraudulent corporate loans and distributions
• Fraudulent purchase orders and payments
• Moving revenue and expenses between accounting periods
• Misrepresenting the source or recipient of funds
• Preparing false financial statements
• Money laundering
• Tax evasion and tax fraud
• Bid-rigging, bribery, anticompetitive transactions, and other fraudulent financial practices

Outside Counsel for Investigations Targeting Corporate Theft

Corporate theft can target all types of tangible and intangible assets; and, here too, schemes to misappropriate corporate assets seem to be growing in sophistication from one year to the next. Corporate theft targeting financial accounts and intellectual property can erase millions of dollars in value in the blink of an eye, and companies must react immediately in order to preserve any hopes of recovery.

Due to their sensitive nature, investigations targeting corporate theft require strict confidentiality. We work with our clients’ owners, board members, executives, in-house counsel, and other key stakeholders as appropriate to uncover corporate theft including:

• Embezzlement of corporate funds
• Corporate espionage
• Misappropriation and wrongful disclosure of confidential and proprietary information
• Misappropriation of trade secrets, copyrights, and patents
• Unlawful and unlicensed use of corporate trademarks, trade dress and branding
• Theft of software code
• Theft of corporate securities, cryptocurrency, and other intangible property
• Theft of physical property

Federal Law Enforcement Investigations Triggered by Accounting Fraud and Corporate Theft

In addition to representing corporate clients in internal investigations to uncover accounting fraud and corporate theft, we also provide representation for federal law enforcement investigations triggered by employees’ unlawful acts. This includes investigations that federal agencies launch on their own accord as well as investigations triggered by whistleblower claims. In all matters, we work closely with our clients to identify the pertinent issues, develop a strategy for avoiding federal litigation, and prevent the investigation from leading to additional unnecessary consequences.

Examples of the types of federal law enforcement investigations our attorneys are able to handle arising out of instances of accounting fraud and corporate theft include:

• DEA investigations targeting prescription drug fraud and theft of prescription medications
• IRS investigations targeting federal income tax evasion and other forms of federal tax fraud
• SEC investigations targeting misrepresentations and other forms of securities fraud
• DOJ and FBI investigations targeting money laundering, bribery, and other federal crimes
• DHHS Office of Inspector General (OIG) investigations targeting Medicare and Medicaid fraud

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach

Former Special Agent (OIG)

Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

Why Do Companies Nationwide Choose Oberheiden, P.C.?

Based in Texas, our firm maintains a nationwide investigations practice. We represent companies of all sizes across the country, and our attorneys have collectively handled thousands of investigations and federal law enforcement matters. Here are five reasons why companies nationwide choose Oberheiden, P.C. for investigations targeting accounting fraud and corporate theft:

1. Former Federal Prosecutors and Federal Agents

Our team is comprised primarily of former federal prosecutors and federal agents who bring notable federal investigative experience to assisting our clients in accounting fraud and corporate theft investigations. We combine our team’s knowledge of federal investigative techniques with our in-depth understanding of the practicalities of the corporate world to conduct investigations that are exhaustive, efficient, and focused specifically on gathering the information our clients need to make informed and strategic decisions.

2. Experience in High-Stakes Investigations

Our attorneys and former federal agents have handled countless investigations where our clients (or the companies being targeted by the federal government) have had everything to lose. We are prepared to provide actionable advice and take decisive action when and where our clients need us most. We approach our clients’ company investigations with the same sense of urgency that our clients bring themselves, and we strive to quickly gather the information required to execute immediate next steps and help our clients protect themselves long-term.

3. Experience in Federal Whistleblower Investigations

On the federal defense side, a significant portion of our experience falls in the area of whistleblower claim litigation. If you discovered allegations of accounting fraud only after a whistleblower claim was filed, or if a whistleblower claim has suddenly added a new dimension to your company’s response to allegations of theft or fraudulent misrepresentations, we can use this experience to protect you. We can work with the federal agency overseeing the government’s investigation to try to prevent intervention; and, if it is not possible to avoid intervention (or if the whistleblower chooses to pursue a civil claim independently), we can defend your company in federal district court.

4. Experience in Other Federal Law Enforcement Matters

In addition to federal whistleblower cases, we also have extensive experience handling investigations initiated by federal agencies directly. This experience informs our investigations practice, and it affords us unique insights into the interplay between internal investigations and federal law enforcement matters. If your company is at risk for civil or criminal federal law enforcement action due to an employee’s accounting fraud or corporate theft, we can provide full-service representation for all aspects of your company’s response and defense.

5. Comprehensive Approach to Uncovering Corporate Fraud

At Oberheiden, P.C., we take a comprehensive approach to uncovering corporate fraud. We utilize trial-tested techniques and strategies, and we work diligently bring matters to a successful end. We can get to the bottom of the issue, and we can make sure the damage your company incurs is no greater than necessary. We can assist you in seeking coverage under your fidelity or employee dishonesty policy as well; and, if the matter results in a federal inquiry, we can protect you and your company against prosecution for civil or criminal federal charges.

If you need legal counsel for a matter involving accounting fraud or corporate theft, the importance of acting promptly cannot be overstated. Our attorneys, investigators, and consultants are available to take action 24/7, and we can begin counseling you on what you need to do to protect your company immediately.

Get in Touch with the Investigations Team at Oberheiden, P.C.

To speak with an attorney on our investigations team, please call 888-680-1745 or contact us online. You will be able to speak with a member of our team immediately, and we can make arrangements to be on-site within 24 hours if necessary. Choose Oberheiden, P.C. and put remarkable experience on your side.