Negotiating Early to Prevent Fraud Charges from Being Filed
If you are being investigated for fraud, in some cases negotiating early with the prosecution can prevent fraud charges from being filed. There are a number of factors to consider when deciding if early negotiations are the best course of action. It is imperative to have an experienced white collar criminal defense attorney by your side during any negotiations with the prosecution.
Factors to consider include:
- The value of the alleged fraud.
- The evidence the government has or may come to possess.
- If whistleblowers are involved.
- Benefits to the accused and/or the corporation in avoiding prosecution.
- Government incentive to recovery money over prosecution of specific individuals or prosecution of a corporation.
- Government incentive to prevent collateral consequences of pursing prosecution, including harm to employees, pension holders, shareholders, and others not proven personally culpable.
- The impact on the public that may arise from the prosecution.
It is possible to prevent the government from filing formal fraud charges by entering into a non-prosecution agreement (NPA). Alternatively, it is possible to prevent filed charges from moving forward by entering into a deferred prosecution agreement (DPA).
An NPA is an agreement between a prosecutor and an individual or corporation to avoid prosecution so long as certain conditions are met. If you enter into an NPA you must adhere to all of the conditions of the agreement or face prosecution for the alleged wrongdoing. Conditions of an NPA may include remedial actions, additional reporting requirements, implementing corporate reforms, and fully cooperating with the investigation.
At this stage of an investigation, an experienced fraud defense attorney can greatly increase your chances of successfully avoiding prosecution. The right attorney can leverage her knowledge of the law to identify weaknesses in the government’s case. This can lead to the most favorable outcome in your case, including potentially avoiding criminal charges from being filed.
Negotiation the terms of a non-prosecution agreement, a deferred prosecution agreement, or any other agreement with the government is best done with a white collar criminal defense attorney by your side.
Hire A Former Prosecutor to Defend You
Ashley D. Adams is a former fraud prosecutor with the United States Attorney’s Office. She understands how prosecutors operate, the best tactics to negotiate favorable NPA terms, and how to get criminal charges dropped or dropped to lesser charges. Given her prior work, she also has a longstanding and positive relationship with the U.S. Attorney’s Office, the Attorney General’s Office, and the Department of Justice. Put Ashley D. Adam’s experience to work for you.
We practice excellence, one client at a time.
The attorneys at Ashley D. Adams, PLC handle state criminal cases throughout Arizona including the cities of Phoenix, Scottsdale, Glendale, Mesa, Tempe, Ahwatukee, Maricopa, Gilbert, Peoria, Surprise, Goodyear, Litchfield Park, Avondale, Chandler, Casa Grande, Florence, Queen Creek, Deer Valley, North Pinal and Sun City as well as those living in and around Maricopa County, Pinal County, Pima County, Yuma County and Yavapai County.
The attorneys at Ashley D. Adams, PLC handle federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.