Financial Fraud
The recent financial crisis centered in the banking industry has resulted in an unprecedented level of investigations focused on financial institution fraud. For instance, the Troubled Asset Relief Program has now established its own investigative agency and in conjunction with the FBI, IRS and other federal agencies, they are investigating banks for fraud, waste, misuse and abuse. Arising from these investigations, federal criminal charges against the officers, directors and other interested parties are being filed daily.
Bank Fraud Defense
With the amount of media coverage lavished on matters related to the Troubled Asset Relief Program (TARP) - known to the public as the government bailout money - the Department of Justice has said that financial institution fraud is going to be one of its priorities in the years to come.
Gillen, Withers & Lake, LLC capably handles complex financial crimes investigations, providing effective criminal defense counsel to officers, directors, and other professionals facing financial fraud charges or investigations.
Ideally, early intervention is optimal in cases involving financial fraud. However, our attorneys are accustomed to handling high-profile cases, including white collar crime cases involving corporate executives and public officials.
- Pending investigations: Grand Jury investigations into financial institution fraud can sometimes last years. With the amount of federal investigatory resources being brought to bear on financial institution fraud, cases that in the past had been handled either on an administrative level by the FDIC, or the civil level are now being prosecuted by the government. As a result, officers and directors face serious penalties, including incarceration, asset forfeiture, and significant fines if convicted.
- Civil liability for financial fraud: Often civil cases will be filed simultaneously with criminal matters, and as a result unrepresented persons can often find themselves giving depositions in cases where their liberty is at stake. Whether you are under investigation or are facing criminal or civil liability for financial fraud, discuss your options and defense strategies with the experienced defense attorneys at Gillen, Withers & Lake, LLC.
An initiative for the new administration within the Department of Justice is financial institution fraud. We have substantial expertise in defending against financial charges and a record of success to prove it. In December 2008, Mr. Gillen, as lead counsel, obtained a not guilty verdict for his client, who was charged with securities fraud, conspiracy, wire fraud, mail fraud and money laundering in the National Century Financial Enterprises prosecution. This was one of the largest private fraud prosecutions in U.S. history with a loss of $1.9 billion, U.S. v. J.H. (Southern District of Ohio 2008). Mr. Gillen's client was the only executive acquitted in the proceedings. In U.S. v. M.B. (Northern District of Georgia 2007), Mr. Gillen obtained the dismissal of an indictment against his client in a large mortgage fraud prosecution. In another case, Mr. Gillen also won acquittals on all tax fraud charges on behalf of a client in a prosecution arising out of the Bank of Credit and Commerce International investigations and prosecutions, U.S. v. A.K.
