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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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Handling Allegations of Fraud or Misconduct

January 13, 2025

If you’re on our website, it’s because you’re worried about allegations that could drastically change your life – and you need an attorney you can trust. At Spodek Law Group, we understand that completely. We have over 50 years of combined experience handling complex fraud and misconduct cases. We’ve seen first-hand how prosecutors operate, and we know exactly how to craft the right defense for you.

Why Allegations of Fraud or Misconduct Matter Fraud or misconduct charges can come from state or federal authorities. If the government believes your actions involved interstate banking systems, federal insurance, or the U.S. mail, you might face prosecution under federal statutes like 18 U.S.C. § 1343 (Wire Fraud) or 18 U.S.C. § 1341 (Mail Fraud). Once the DOJ or FBI gets involved, everything escalates. The stakes are immense: incarceration, sky-high fines, and a permanent criminal record. You might be asking about double jeopardy. Under the Fifth Amendment, you can’t be tried twice for the same offense. But thanks to the dual-sovereignty doctrine, you could face charges at both the state and federal levels if each jurisdiction has a legitimate interest in the case. This can feel overwhelming, but our job is to navigate these murky waters for you.

Our Approach: Tailored, Hands-On, and Aggressive We’re not your average criminal defense firm. We pride ourselves on having a rock star team of attorneys who go above and beyond for every client. We also rely on an online digital portal so you can track every aspect of your case. We believe you should never feel left in the dark. We know how important it is for you to stay informed, and we’re available 24/7 to answer your questions.

Scenarios and Defense Strategies Every fraud or misconduct allegation has its own unique story. Our role is to uncover that story, find the weaknesses in the government’s case, and make sure your side is heard. Here are a few scenarios that highlight just how nuanced these cases can be, and how we tackle them:

  1. Facing Federal Loan Fraud Charges
    Let’s say you own a small business. You applied for a disaster relief loan but are now accused of providing inaccurate information about your revenue. This can quickly morph into charges under 18 U.S.C. § 1344 (Bank Fraud). Our first line of defense is to show prosecutors you never intended to misrepresent anything. Perhaps you misunderstood the application’s language or had genuine inconsistencies in your books. We look at every document, investigate the chain of evidence, and poke holes in the prosecution’s interpretation of “fraud.” We also check if agents violated your Fourth Amendment rights by seizing personal records without proper authorization.
  2. Insider Trading or Corporate Misconduct
    Maybe you’re accused of sharing non-public company information that allegedly led to unlawful stock trades. You could be charged under 15 U.S.C. §§ 78j and 78ff. We investigate how the SEC and prosecutors built their case. Did they obtain emails and text messages with the right warrants? Was there any wrongdoing by investigative agents that taints the evidence? We also argue that you might not have been bound by any fiduciary duty to keep the information confidential. If the evidence was collected illegally, we file motions to suppress.
  3. Parallel State and Federal Investigations
    You might be under investigation by the local district attorney and, at the same time, getting calls from federal agents. This multi-layered scenario can introduce competing charges—perhaps something like grand larceny at the state level and wire fraud at the federal level. In these cases, we focus on coordinating a single, cohesive defense so that one investigation doesn’t feed the other with damning evidence. We look for conflicting statements, constitutional violations, or even overlapping procedures that undermine the prosecution’s case in both courts.

Below is a quick overview of the types of allegations we frequently handle, the applicable law, the potential penalties, and some quick insights into how we fight back:

Allegation Cited Law Potential Penalties Defense Strategy
Mail Fraud 18 U.S.C. § 1341 Up to 20 years in prison, heavy fines Show no intent; highlight errors in how mail system was used
Wire Fraud 18 U.S.C. § 1343 Lengthy prison terms, restitution, penalties Argue lack of criminal intent; challenge digital evidence collection
Bank Fraud 18 U.S.C. § 1344 Up to 30 years, major fines, restitution Demonstrate good-faith mistakes; raise constitutional violations
Securities Fraud 15 U.S.C. §§ 78j, ff Prison, civil fines, SEC sanctions Dispute materiality or fiduciary duty; attack how data was obtained

Penalties and What to Expect If you’re convicted, you could face prison, criminal fines, probation, or restitution, plus civil penalties if regulators like the SEC or CFTC get involved. Under the Federal Sentencing Guidelines, judges look at the loss amount, your role in the offense, and your criminal history category, which can result in severe sentences. At the state level, you might still face jail time, large fines, and a permanent criminal record that disrupts your entire future. Our objective is to aim for dismissal or reduced charges. We also pursue plea bargains if we believe that’s your best path forward. And if the government refuses a fair deal, we’ll fight in court.

How We, at Spodek Law Group, Help You Fight We’re known for our experience handling high-profile cases, including situations many attorneys write off as “unwinnable.” We don’t shy away from tough allegations or complicated legal issues. We look for constitutional flaws in the prosecution’s case, and we don’t hesitate to file motions to suppress improperly obtained evidence. We also know how to coordinate with expert witnesses, forensic accountants, and private investigators. Our focus is always on one thing: the best possible outcome for you.

24/7 Availability and Risk-Free Consultation When you reach out to us, we start with a risk-free consultation. We’ll explore every angle, ask you detailed questions, and give you our take on the case. If we decide to work together, you can expect honest feedback and constant updates. Our online portal allows you to securely share documents and communicate with our legal team day or night. We’re selective about who we represent, because we want to ensure we can devote the time and resources needed to win.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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