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OCC Subpoenas
OCC Subpoenas – Our Objective Is to Win Cases – and Resolve Them Successfully
If you’re reading this, you’re probably dealing with an OCC Subpoena – and need the best criminal defense attorney. At Spodek Law Group, we understand the seriousness of your situation. We take every subpoena seriously because the Office of the Comptroller of the Currency (OCC) regulates national banks and federal savings associations under Title 12 of the United States Code, and if they suspect wrongdoing, they can coordinate with the Department of Justice (DOJ). That means your case could escalate from a regulatory issue to a federal criminal matter under statutes like 18 U.S.C. § 1344 (Bank Fraud) or 18 U.S.C. § 1343 (Wire Fraud) – Felony convictions usually come with prison sentences. These sentences can range from 1 year to life.
We’re Spodek Law Group, and we have over 50 years of combined experience defending clients nationwide. Our objective is to win cases – and resolve them successfully. Whether that’s dismissal, a plea that protects you from the worst, or a strong defense at trial, we’re here for you at every step.
Why the OCC Subpoena Matters
An OCC Subpoena is a legally enforceable demand. Ignoring it or responding incorrectly can spark bigger problems. Once federal authorities are involved, they can:
- Refer your case to federal prosecutors.
- Freeze assets or seek restitution if they believe there’s large-scale misconduct.
- Trigger parallel investigations, which might involve the SEC, state authorities, or other federal agencies.
If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. You want to know how to defend yourself. You want to know if you’re facing criminal charges. You want to know how to protect your livelihood. Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you.
Potential Outcomes
Before we dive into defense strategies, here’s an overview of common outcomes after an OCC Subpoena:
| Potential Outcome | What It Means for You | Risk Level |
|---|---|---|
| Case Dismissal or Closure | Subpoena issues resolved, no further action taken. | Low – Ideal |
| Civil Enforcement (Fines, Consent Orders) | You might face fines, corrective measures, or ongoing supervision by the OCC. | Moderate |
| Criminal Charges (DOJ) | Indictments under federal law, potential prison time, mandatory sentencing guidelines. | High – Extremely serious |
Our Defense Strategies
At Spodek Law Group, we don’t take a “one-size-fits-all” approach. We tailor a strategy based on your situation, because every subpoena is unique – and every case has its own issues we have to address.
- Challenging Overbroad Requests
OCC Subpoenas can request documents that have nothing to do with the allegations. We scrutinize every request and, when appropriate, file motions to quash or narrow the subpoena. That limits the OCC’s reach and reduces your exposure to new accusations. - Asserting Privilege and Protections
If the OCC demands attorney-client communications or work-product materials, we push back. We carefully catalog all privileged documents, because once that privilege is waived, you can’t get it back. It’s a core defense tactic that keeps your confidential information out of the OCC’s grasp. - Showing Lack of Intent
Many federal charges require the government to prove intent. Under 18 U.S.C. § 1344, for example, prosecutors must show you “knowingly” engaged in fraud. If we can demonstrate you lacked wrongful intent – perhaps you relied on someone else’s data or acted under mistaken instructions – the case against you can weaken significantly. - Examining Double Jeopardy Scenarios
If you’ve already faced related charges at the state level, we explore possible double jeopardy arguments. While federal and state governments are separate sovereigns, there may still be room to argue that prosecuting you again for the exact same conduct violates your rights. - Negotiated Resolutions
Sometimes the path to the best outcome is negotiation. If the OCC finds noncompliance, they might offer a consent order, which can include fines or remedial steps but helps you avoid a protracted legal process. Or, if the DOJ steps in, a deferred prosecution agreement might be on the table. We are available 24/7 to help you – whether that’s through dismissal, a plea arrangement, or litigation.
Handling Federal Sentencing Concerns
If the DOJ does pursue criminal charges, you’ll be facing the Federal Sentencing Guidelines, which can involve strict minimum sentences. Judges will look at factors such as the dollar amount involved, the number of victims, and your role in the alleged crime. We focus on collecting mitigating evidence that shows you’re not a risk and that we can help you avoid the worst-case scenario. That might include:
- Prior good conduct
- Lack of criminal history
- Evidence that you weren’t the primary wrongdoer
We’ve worked with sentencing consultants and expert witnesses in high-profile cases. We know how to present the facts in a way that strengthens your position.
The Bigger Picture: Parallel Investigations, Asset Seizures, and More
When the OCC shows interest in your finances, other agencies often follow. We see this in cases involving:
- The SEC (Securities and Exchange Commission) if there’s a stock or securities angle.
- State Attorneys General if there’s a state-law overlap.
- ICE or IRS if it crosses into immigration or tax territory.
We’re ready to defend you on all fronts. Our attorneys look at how each angle connects, so you have a comprehensive defense strategy.
Why Spodek Law Group?
At Spodek Law Group, we’re not just another law firm. We pride ourselves on having a rock star team of attorneys, who have over 50 years of combined experience. Our approach is guided by a few core principles:
- We Only Take Clients We Can Truly Help: We don’t operate like a mill. If we accept your case, it’s because we see a viable strategy.
- Nationwide Presence: We’re based in NYC, but our law firm handles federal issues coast-to-coast.
- 24/7 Access: When you’re facing a subpoena, you need an attorney who’s ready to respond right away. We do that.
- Cutting-Edge Tools: We have a secure digital portal, letting us handle everything from invoicing to evidence uploads online – so distance isn’t a barrier.
Our attorneys have been featured on major news outlets for their insights, and we’ve handled cases that drew national attention. We understand how important it is to get you the best possible legal representation at all stages of your case.