#fraudlawyer

If you're facing fraud allegations, obtaining legal advice early can make an important difference.

Payroll fraud accusations can destroy your career. But not every mistake is a crime — intent matters

How can you fight back against charges that threaten your career and reputation? Financial fraud cases are often complicated, involving banking records, business transactions, and government investigations. A skilled financial fraud defense lawyer understands how to analyze the evidence, build a strategy, and challenge the prosecution’s claims. With the right legal support, you can protect your rights and your future. Attorney Adam Burke is ready to help—schedule a free consultation today.

Are you facing white collar crimes in Ohio, such as fraud, embezzlement, or forgery? These charges can bring serious legal and financial consequences that affect your career and future. Do you have an experienced white collar crime lawyer who understands complex financial cases? The right defense strategy can help protect your reputation and rights. Attorney Adam Burke focuses on defending clients against white collar charges in Ohio, offering skilled guidance and free consultations.

Fraud comes up in both criminal and civil cases.  In criminal cases, the District Attorney’s office will prosecute the defendant, and he or she may be subject to fines and/or imprisonment.  In civil cases, the plaintiff (or the person on whom the fraud was committed) will pursue the action.  If the plaintiff wins, the defendant may have to pay him or her money as damages. In California, civil fraud comes up in two (2) contexts: torts and contracts.  “Tort” is just a fancy word for a wrongful act.  However, torts do not include breaches of contract.  As a result, there are different rules for dealing with fraud in torts and contracts cases. Many courts use the terms “fraud” and “deceit” interchangeably, so don’t be thrown off.  The idea behind both is that if a person intentionally tricks you into doing something you otherwise would not have done, he or she should be liable. For torts, California uses the term “deceit” rather than fraud.  The California Civil Code states that deceit can mean many things, including: (1) a knowingly false suggestion; (2) an assertion with no reasonable grounds for believing it; (3) a suppression of fact, which must be disclosed; (4) a misleading fact; or (5) a promise without any intention of performing it. For contracts, the California Civil Code identifies two (2) types of fraud: actual and constructive.   Actual fraud may occur through: (1) a knowingly false suggestion; (2) a positive assertion with no information to warrant it; (3) a knowing suppression of fact; (4) a promise without any intention of performing it; or (5) any other act fitted to deceive. On the other hand, constructive fraud means: (1) any breach of duty in which one person gains an advantage over another by misleading him; or (2) any act or omission that the law specifically states is fraudulent. http://www.bc-llp.com/Business-Litigation/Fraud-Contract-Disputes.html If you want to learn more about fraud, the experienced attorneys at Brown & Charbonneau, LLP are here to help.  Contact us today at (888) 809-1235 or visit our website at www.bc-llp.com.

When deciding how to sell your stock in a corporation, you must first determine whether the stock you own is publicly traded or privately owned.  If it is publicly traded, sale is relatively easy and can be handled by brokers.  Privately owned stock is usually not as easy to sell. Privately owned stock is issued by privately held companies.  Privately owned stock in not traded on the open market; therefore, there are usually restrictions on how and when the stock can be sold.  The SEC is responsible for some of these restrictions, but other limitations are typically found in your Shareholder Agreement.  As a result of these restrictions, many investors may be prevented from purchasing your stock.   In addition, the value of the stock is usually unknown, because there is no secondary market on which the stock can be assessed.  The fair market value of privately owned stock is usually subjective and may be difficult to determine.  Also, because privately held companies are not typically required to make public financial disclosures, it is difficult to measure the stock’s value from the company’s financial information.    However, if you can find a company that is similarly sized and operated, you can take certain valuation multiples and apply them to your private company.  You may also choose to use a discounted cash flow (DCF) analysis by forecasting future operating cash flows, future capital expenditures, future growth rates, and an appropriate discount rate.  Other valuation methods include examining the company’s net tangible assets or internal rate of return (IRR), and more.  At the end of the day, find the valuation method that works best for you.  Price is always negotiable. Because a private company is not listed on any exchange, finding a buyer can be difficult.  The lack of public information also tends to dissuade buyers, who usually want to know about a company before they invest.  Try asking the company what other shareholders did to sell their stock.  Some companies may even have buyback programs that allow you to sell your stock back to the company.  If not, the company may be able to provide you with the names of current shareholders or new investors who are interested in buying the company’s stock. Speak with an experienced CPA and business attorney to evaluate your options. For immediate help, call us at (714) 505-3000 or email [email protected].