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Pretrial Detention in Federal Criminal Cases
After a criminal arrest, the court must decide whether the defendant should be held in jail until the charges are resolved, which is generally referred to as being “detained,” or…
Common Errors in Internal Investigations
Businesses often find themselves facing a situation calling for an internal investigation of misconduct, fraud, or other wrongdoing. The problems requiring an investigation vary broadly in subject matter and severity. …
What to Do If Your Company is the Victim of Theft or Embezzlement
Few things are as shocking as learning that a trusted employee or business partner has been stealing from you. In addition to dealing with the financial loss, you must also…
Do Insurance Policies Have a Duty to Defend When a Crime is Alleged Against a Director or Officer?
When a business is sued, the business entity is usually covered by insurance that provides funds to defend the lawsuit and to pay a settlement or judgment. Many times, however,…
When Do I Hire a Forensic Accountant?
Many commercial disputes and fraud cases (whether civil or criminal) turn on financial documents. For example, questions of liability may be unanswerable without a financial tracing of how funds were…
Switching Counsel: Should You Hire a Trial Attorney?
The decision to change or add counsel when you approach trial can be difficult. In considering it, you may ask yourself a number of questions, but they can be boiled…
Fraud Under California’s Civil Fraud Statute When a Contract is Fully Integrated
Sometimes business deals or financial transactions end poorly for one or both parties. When these disputes are litigated, it is often under a theory of breach of contract. But not…
California’s Criminal Fraud Statutes
Used in everyday conversation, the word “fraud” can mean a lot of different things. The legal definition, however, is fairly straightforward. “Fraud” is an intentional misrepresentation (or knowing omission) to…
How to Respond When a Federal Agent Wants to Question You
If you are contacted by federal law enforcement agents for an interview or to provide a voluntary statement, it is not unusual to react with anxiety. What could they possibly…
An Investment Advisor’s Breach of Fiduciary Duty
AN INVESTMENT ADVISOR’S BREACH OF FIDUCIARY DUTY Investment advisors have a fiduciary duty to their clients. A fiduciary duty is a legal obligation of the highest degree for one person…
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