A federal fraud investigation can threaten your freedom, your business, your assets, and your reputation before charges are ever filed.
Federal Fraud Defense Attorney Michael J. Petro represents individuals, business owners, executives, professionals, and employees facing investigations and prosecutions for federal fraud, embezzlement, theft, and other financial crimes.
With more than 35 years of criminal defense experience, Attorney Petro defends clients at every stage of the federal criminal process, from investigations and grand jury subpoenas through indictment, motions, trial, sentencing, and appeal.
If federal agents have contacted you, served a subpoena, executed a search warrant, seized financial records, or accused you of stealing or misusing money, do not assume you can simply explain the situation away. What you say and do at the beginning of a federal investigation can affect the entire case.
Contact Attorney Michael J. Petro before speaking with federal investigators.
Federal Fraud Charges Can Put Everything at Risk
Federal prosecutors use a wide range of criminal statutes to pursue alleged financial misconduct.
Charges can include:
- Wire fraud
- Mail fraud
- Bank fraud
- Healthcare fraud
- Securities fraud
- Government program fraud
- PPP and EIDL fraud
- False statements
- Federal embezzlement
- Theft of government property
- Money laundering
- Conspiracy
These cases often involve years of financial transactions, thousands of pages of records, emails, text messages, bank statements, accounting documents, tax records, and testimony from employees, business partners, or cooperating witnesses.
The government’s interpretation of those records is not automatically the truth.
Attorney Michael J. Petro examines what the evidence actually proves and attacks assumptions the prosecution may be making about intent, ownership, authorization, and the movement of money.
Intent Can Be the Battleground in a Federal Fraud Case
Fraud cases frequently turn on what the defendant intended.
A failed business deal is not automatically fraud.
A bookkeeping error is not automatically fraud.
An inaccurate financial document is not automatically fraud.
A disputed contract, a poor business decision, an accounting mistake, or a misunderstanding does not necessarily establish a deliberate scheme to defraud.
Federal prosecutors may attempt to prove criminal intent through circumstantial evidence such as emails, text messages, financial transactions, accounting records, witness testimony, or statements made during an investigation.
Attorney Petro examines whether that evidence really proves fraudulent intent or whether there is another explanation.
Potential defense issues may include:
- Lack of fraudulent intent
- Good faith
- Mistake
- Reliance on accountants, attorneys, or other professionals
- Legitimate business purposes
- Disputed ownership of money or property
- Lack of knowledge
- Ambiguous communications
- Inaccurate records
- Conduct by employees or business partners
The government must prove the elements of the charged offense beyond a reasonable doubt.
Attorney Petro makes the government prove its case.
Federal Embezzlement Charges
Embezzlement cases generally involve allegations that someone who had lawful access to money or property later wrongfully converted it.
Federal embezzlement investigations may involve:
- Employees
- Corporate officers
- Business owners
- Accountants
- Bookkeepers
- Bank employees
- Government employees
- Healthcare employees
- Financial professionals
- Federally funded organizations
Access to money does not by itself prove embezzlement.
These cases can turn on questions involving authorization, ownership, accounting practices, business agreements, intent, and how the money was actually used.
Attorney Petro analyzes the financial records rather than accepting the government’s characterization of the transactions.
Federal Theft of Government Property
Federal theft allegations may involve money, benefits, government funds, equipment, or other property claimed to belong to the United States.
One important statute is 18 U.S.C. § 641, which addresses theft, embezzlement, conversion, and unauthorized disposition of property of the United States.
A critical issue is whether the property actually remained the property of the federal government.
Attorney Petro has litigated federal property issues involving government ownership, supervision, and control through trial, the United States Court of Appeals for the Seventh Circuit, and a petition for writ of certiorari to the United States Supreme Court.
In a § 641 prosecution, the government’s assertion that property was federal property should not simply be accepted without examining the underlying facts.
Wire Fraud and Mail Fraud
Wire fraud and mail fraud are among the federal government’s most frequently used financial crime statutes.
Wire fraud cases may involve:
- Emails
- Text messages
- Electronic bank transfers
- Credit card transactions
- Online applications
- Internet communications
- Electronic payment systems
The use of an electronic communication does not itself establish fraud.
Mail fraud similarly requires more than proof that something was mailed or sent through a commercial carrier.
The government must prove the requisite connection among the alleged communication, the alleged scheme to defraud, and the defendant’s criminal intent.
Bank Fraud
Federal bank fraud cases can involve allegations concerning:
- Loans
- Mortgages
- Business financing
- Checks
- Credit arrangements
- Financial statements
- Identity information
- Electronic banking
- False loan documentation
These cases often depend on what representations were made to the financial institution, whether those representations were material, what the defendant knew, and whether there was an intent to defraud.
Attorney Petro examines the entire transaction, not just the document prosecutors have chosen to highlight.
PPP, EIDL and SBA Loan Fraud
Federal investigations into PPP loans, EIDL funds, and other SBA programs continue to result in criminal prosecutions.
Investigators may focus on:
- Payroll figures
- Number of employees
- Business revenue
- Tax documents
- Multiple loan applications
- Use of loan proceeds
- Loan forgiveness submissions
- Certifications made to the government
Not every inaccurate application or disputed certification is a federal crime.
The government still must prove the elements of the offense, including the required criminal intent.
Learn more about Attorney Petro’s representation in Federal PPP and EIDL Fraud Cases.
Federal Fraud Investigations and Grand Jury Subpoenas
Many federal fraud cases begin months or years before an indictment.
Investigators may collect bank records, tax returns, business records, emails, text messages, accounting records, and witness statements without the potential defendant’s knowledge that an investigation exists.
You may first learn about the case when:
- Federal agents request an interview
- A grand jury subpoena arrives
- A search warrant is executed
- Your business records are requested
- Bank accounts are examined or frozen
- Employees or business partners are interviewed
- You receive a target letter
Early decisions matter.
Attorney Petro represents clients during Federal Investigations and Grand Jury Proceedings and can communicate with prosecutors and agents before a client makes statements or produces records. Federal investigations may involve the FBI, the IRS Criminal Investigation Division, the Postal Inspection Service, inspectors general, and other agencies.
Do Not Talk Your Way Into a Federal Fraud Case
Federal agents may tell you they only want to ask a few questions.
That does not mean the conversation is harmless.
Statements made voluntarily can later become evidence against you. An inaccurate statement can also create additional federal criminal exposure.
If federal investigators want to discuss your business, finances, loans, transactions, or use of money, contact Attorney Michael J. Petro before agreeing to an interview.
There is rarely an advantage to walking into a federal interview without first understanding what the government is investigating.
Search Warrants and Financial Evidence
Fraud investigations frequently involve search warrants for:
- Computers
- Cell phones
- Email accounts
- Cloud storage
- Business offices
- Homes
- Financial records
A search warrant does not automatically make every search lawful.
Attorney Petro examines whether the warrant was supported by probable cause, whether it adequately described what agents could search and seize, and whether investigators exceeded the warrant’s scope.
When federal agents obtain evidence in violation of the Constitution, Attorney Petro can seek to suppress it.
Learn more about Attorney Petro’s approach to a Federal Motion to Suppress Evidence.
Money Laundering Charges Can Be Added to Fraud Cases
Federal fraud investigations frequently expand into money laundering allegations.
Prosecutors may claim that proceeds from fraud were transferred, deposited, withdrawn, spent, invested, or moved in an effort to promote criminal conduct or conceal the source or ownership of the money.
The movement of money does not automatically establish money laundering.
These allegations require an independent examination of the source of the funds, the purpose of each transaction, the defendant’s knowledge, and the government’s evidence of criminal intent.
Learn more about Attorney Petro’s defense of Federal Money Laundering Charges.
Loss Amount Can Drive Federal Sentencing
In a federal fraud case, the government’s claimed loss amount can dramatically affect the advisory Sentencing Guidelines.
Loss disputes may involve:
- Actual loss
- Intended loss
- Amount attributable to the defendant
- Credits against loss
- Returned property
- Money recovered
- Collateral
- Relevant conduct
- Jointly undertaken activity
- Number of victims
The government’s loss calculation should never be accepted at face value.
Attorney Petro independently analyzes the financial evidence and challenges loss calculations that overstate a client’s responsibility.
Federal sentencing also requires consideration of the factors in 18 U.S.C. § 3553(a), including the defendant’s history, characteristics, conduct, and the circumstances of the case.
Learn more about Federal Sentencing Attorney Michael J. Petro.
Restitution and Asset Forfeiture
Federal financial crime cases can create enormous financial exposure in addition to the possibility of imprisonment.
The government may seek:
- Restitution
- Criminal forfeiture
- Money judgments
- Seizure of bank accounts
- Forfeiture of specific property
- Other financial penalties
These issues should be addressed throughout the case, not treated as an afterthought at sentencing.
Plea Negotiations in Federal Fraud Cases
Some federal fraud cases are resolved through plea agreements.
But a plea agreement can affect much more than the charges themselves.
It can affect:
- Sentencing exposure
- Loss amount
- Restitution
- Forfeiture
- Guideline calculations
- Factual stipulations
- Appeal rights
Attorney Petro analyzes the entire agreement before advising a client about whether to accept it.
Learn more about Federal Plea Negotiations.
Federal Fraud Defense Attorney Michael J. Petro
When the federal government builds a fraud case, it may have agents, prosecutors, analysts, financial records, subpoenas, search warrants, and cooperating witnesses working against you.
You need a defense that attacks the government’s case from the beginning.
Attorney Michael J. Petro has more than 35 years of criminal defense experience representing individuals facing serious federal charges. He examines the financial evidence, challenges the government’s theory of intent, litigates search-and-seizure issues, prepares cases for trial, contests sentencing calculations, and protects his clients throughout the federal criminal process.
If federal agents have contacted you, your business is under investigation, you received a grand jury subpoena, your property has been seized, or you have been charged with fraud, embezzlement, or theft, contact Attorney Michael J. Petro before making decisions that can affect your freedom, your assets, and your future.