Financial and Banking Industry Investigations
Banks and other financial institutions can face steep penalties in federal investigations targeting a broad range of allegations. If your institution is facing scrutiny from the CFPB, CFTC, DOJ, FinCEN, SEC, SIGTARP, or any other federal authority, you should engage experienced federal defense counsel promptly.
The banking and financial industries are among the most heavily-regulated industries in the United States. Banks and other financial institutions face oversight from multiple federal law enforcement authorities, and they face enormous compliance burdens in virtually all aspects of their consumer and commercial businesses.
When contacted by federal authorities regarding potential regulatory and statutory violations, banks and other financial institutions must react swiftly in order to avoid severe penalties. At Oberheiden P.C., we provide strategic legal representation for financial industry clients nationwide. Our Financial and Banking Industry practice is led by John W. Sellers, former U.S. Department of Justice (DOJ) Senior Trial Attorney and Acting Chief Investigative Counsel to the Special Inspector General for the Trouble Asset Relief Program (SIGTARP), and our practice includes several other former DOJ attorneys as well as former high-ranking agents with the DOJ’s Office of Inspector General (OIG), the Federal Bureau of Investigation (FBI), and other agencies.
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Local Defense Counsel for Federal Regulatory and Financial Fraud Investigations
We represent banks and other financial institutions of all sizes in all federal regulatory and statutory enforcement matters. With our attorneys’ and former federal agents’ prior experience handling these investigations on behalf of the government, we offer deep insights and a unique perspective to entities that are facing intense scrutiny from federal authorities.
With experience in matters involving the DOJ, FBI, SIGTARP, Consumer Finance Protection Bureau (CFPB), Commodity Futures Trading Commission (CFTC), Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN), Internal Revenue Service (IRS), Securities and Exchange Commission (SEC), and other agencies, we are able to efficiently advise and represent financial industry clients in investigations under all pertinent federal statutes. This includes (but not limited to):
- Bank Secrecy Act (BSA)
- Commodity Exchange Act of 1936 (CEA)
- Consumer Leasing Act (CLA)
- Credit Repair Organizations Act (CROA)
- Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”)
- Electronic Funds Transfer Act (EFTA)
- Emergency Economic Stabilization Act of 2008 (which created the Troubled Asset Relief Program (TARP))
- Equal Credit Opportunity Act (ECOA)
- Fair Credit Reporting Act (FCRA)
- Fair Debt Collection Practices Act (FDCPA)
- Federal Trade Commission Act (FTC)
- Foreign Corrupt Practice Act (FCPA)
- Gramm-Leach-Bliley Act (GLBA)
- Home Ownership and Equity Protection Act (HOEPA)
- Internal Revenue Code (IRC)
- Sarbanes-Oxley Act of 2002
- Securities Act of 1933
- Securities Exchange Act of 1934
- Trading with the Enemy Act (TWEA)
- Truth-in-Lending Act (TILA)
If Your Financial Institution is Under Investigation, Prompt and Decisive Action is Crucial
In addition to these and other statutes, banks and other financial institutions are subject to an inordinate number of federal rules and regulations. Compliance requires constant and structured effort, and even institutions’ best efforts often will not be enough to fend off federal scrutiny entirely. When an investigation arises, or when an internal audit reveals an issue that has the potential to trigger federal law enforcement action, the first step toward mitigating any potential consequences is to identify the specific statutory or regulatory issues at hand.
This is among the various areas in which we are particularly well-equipped to represent our clients in light of our attorneys’ and investigators’ past federal government experience. When a client contacts us regarding an investigation or potential compliance violation, we immediately begin our efforts to identify the issue (or issues) at hand and build a custom-tailored defense strategy centered around the specific facts and laws involved. In emergency situations, our team is prepared to work around the clock as necessary, and we can be on the ground at your financial institution’s corporate offices within 24 hours.
Types of Banking and Financial Industry Investigations We Handle
Federal investigations targeting banks and other financial institutions can focus on an extraordinarily broad range of allegations. Again, as your institution’s federal defense counsel, our first order of business will be to assess your institution’s potential exposure under all relevant sources of regulatory and statutory authority. We have the capabilities and resources required to handle corporate investigations of immense scope involving allegations such as:
- Accounting and financial reporting fraud violations (including, but not limited to, allegations under the Sarbanes-Oxley Act of 2002);
- Antitrust violations, securities law violations and other statutory and regulatory violations arising out of banks’ and other financial institutions’ involvement in mergers, acquisitions, joint ventures, and other complex transactions;
- Consumer fraud involving securities, commodities, futures, derivatives, insurance, and credit transactions;
- Consumer protection violations involving deposit accounts, mortgage loans, lines of credit, and other financial products;
- Fraudulent practices involving foreign exchange trading (FOREX), cryptocurrency, over-the-counter (OTC) securities, and other unique and specialized financial products;
- Offshore account reporting violations and utilization of unlawful “tax havens” to evade federal tax obligations;
- Tax fraud, tax evasion, and money laundering, including assisting individual and corporate clients with setting up financial accounts and business structures to evade federal tax obligations;
- Underwriting fraud, securitization fraud, residential lending portfolio fraud, self-dealing and conflicts of interests, and other fraudulent financial practices;
- Violations of agency rules and regulations promulgated under the statutes listed above, licensing and registration issues, and other administrative sanctioning matters; and,
- Violations of anti-money laundering, anti-bribery, and anti-corruption statutes involving domestic and foreign banking and financial transactions.
Our attorneys and former agents are able to assist with the resolution of matters involving these and other allegations in administrative, civil, and criminal cases. In cases in which federal law enforcement authorities have not yet laid out criminal allegations, we work diligently to prevent our clients’ investigations from turning criminal in nature. When criminal allegations are involved, we work to protect our clients from facing indictments in federal grand jury proceedings.
Why Banks and Other Financial Institutions Choose Oberheiden P.C.
A federal investigation can tarnish your financial institution’s public reputation for years, and it can lead to hundreds of thousands or millions of dollars in financial liability. If federal prosecutors pursue criminal charges, bank owners and executives can face prison time and substantial fines. If your bank or financial institution is under investigation by the CFPB, CFTC, DOJ, FBI, FinCEN, IRS, SEC, SIGTARP, or any other federal agency, here are five reasons why you should choose Oberheiden P.C.:
1. Our Team of Former Federal Prosecutors and Former Federal Agents
Our federal defense team includes several former high-ranking federal prosecutors and federal agents. This includes former Senior Trial Attorneys, Acting Chief Investigative Counsel, U.S. Attorneys and Assistant U.S. Attorneys, Special Agents in Charge, and Supervisory Special Agents. We offer centuries of combined experience on both sides of federal white-collar investigations, and we know first-hand when, why, and how the federal government investigates banks and other financial institutions.
2. Our Focus on Federal Compliance and White-Collar Defense
Our firm’s practice is devoted to federal compliance and white-collar defense. Our attorneys and former agents have collectively handled thousands of federal investigations and federal trials. If your financial institution is at risk for administrative, civil, or criminal penalties, we can use our experience to immediately begin working toward an efficient and favorable resolution. With our compliance experience, we can help you implement the policies, procedures, and protocols to avoid repeat violations as well.
3. Our Nationwide Scope, Technological Resources, and 24/7 Accessibility
Our firm’s practice is nationwide in scope. Headquartered in Dallas, TX, we have satellite offices and local counsel stationed around the country. We rely on state-of-the-art technological resources to serve our clients efficiently on a national (and even international) scale, and we make ourselves available to our clients 24/7 throughout the course of our representation.
4. Our Extensive Experience in Federal Financial Fraud Investigations
In high-stakes federal matters, the importance of relevant experience cannot be overstated. Many law firms tout their years of experience; but, when it comes down to relevant experience, they do not have anything to stand behind. At Oberheiden P.C., our experience in federal cases is among our greatest assets and differentiators, and we take pride in our ability to be fully transparent about the background and insights we can offer.
5. Our Record of Success in Investigations, Administrative Proceedings, and Trials
But, even relevant experience can be inconsequential if it is not tied to a clear record of success. At Oberheiden P.C., our attorneys and investigators have had significant success on both sides of high-stakes and high-profile federal cases. As prosecutors and federal agents, our attorneys and investigators secured convictions in some of the largest federal fraud cases in recent history. As defense counsel, we have protected clients nationwide against business-threatening and life-altering penalties.
Speak with a Federal Financial Fraud Defense Attorney at Oberheiden P.C.
If you need federal defense counsel, we encourage you to contact us promptly for a confidential case assessment. One of our senior attorneys will be more than happy to speak with you and develop a preliminary action plan to move forward. To speak with a federal financial fraud defense attorney Oberheiden P.C., call 214-692-2171 or tell us how we can get in touch with you online now.