Financial Crimes Defense Attorney Massachusetts

Right now the paper trail may feel overwhelming. Records show what happened, but they rarely show why, and the why is exactly what the Commonwealth has to prove.

No intent to steal or defraud: Every charge on this page requires proof of a specific intent. A mistake, confusion about the rules, or poor recordkeeping is not the same as intending to steal or deceive.

An honest claim of right: In larceny and embezzlement cases, if you took property in an honest belief that you had a legal right to it, the law requires a not guilty verdict, even if that belief turns out to be mistaken.

Authority to sign: In a forgery case, if you claim you were authorized to sign or complete the document, the Commonwealth must prove you lacked that authority. The claim must be raised by timely written notice, which is one reason to involve a lawyer early.

False is not the same as forged: Forgery concerns whether a document is genuine, not whether what it says is true. A genuine document that contains a mistake, or even a false statement, is not a forgery.

What you knew: Uttering requires proof that you knew the document was forged, and most forms of money laundering require proof that you knew the money came from criminal activity.

Value and the single scheme: Whether property was worth more than $1,200 is decided by the jury beyond a reasonable doubt. When separate transactions are charged together as a single scheme, the Commonwealth must also prove they were one continuing plan. Either issue can turn a felony into a misdemeanor.

Reliance: For false pretenses, the Commonwealth must prove the other person actually relied on the statement and parted with property because of it. A deal that simply went bad is not the same as a knowing lie about a fact.

Unlawful searches: Financial investigations often rely on search warrants and seized phones, computers, and records. Evidence gathered in violation of constitutional protections can be challenged and, in some cases, suppressed.

Every case is different, and the right defense depends on your facts. Call (978) 969-2890 to talk through yours.

Many financial cases start long before anyone is arrested. An employer notices a discrepancy, a bank flags a transaction, or an investigator asks for an interview. What happens in that early stretch can shape everything that follows, and it is often where a lawyer can do the most good.

When someone who has not been arrested is accused of a misdemeanor in the District Court, Massachusetts law gives that person the right to be heard, personally or through a lawyer, before a criminal complaint issues. For a felony, the hearing is required if the police request one and is otherwise up to the court. You should receive notice of how to be heard.

The question at the hearing is whether there is probable cause to believe you committed the offense. If there is not, the complaint should not issue and no criminal case begins. If you receive a notice of a hearing, speak with a lawyer before the date.

Investigators often reach out informally and suggest that a short conversation will clear things up. You do not have to answer their questions, and anything you say can become evidence. A lawyer can speak for you, including with an employer conducting its own review.

Leave your records alone. Massachusetts makes it a crime to alter, destroy, or conceal a record or document with the intent to impair its use in an official proceeding, so keep documents, devices, and accounts exactly as they are and let your lawyer handle what is preserved and produced.

If you have just been arrested, received notice of a clerk magistrate hearing, or learned that you are under investigation, take a breath. Here is what matters most right now.
‍
● Don’t talk to investigators or prosecutors without a lawyer present. In financial cases, an innocent explanation can be reframed as an admission.
● Don’t destroy, alter, or move documents. Leave records, devices, and accounts as they are. Changing them now can lead to a new charge.
● Don’t discuss your case with colleagues or supervisors. They may become witnesses, and what you say to them can be repeated in court.
● Don’t post anything about your situation on social media or in any communication that could be discovered.
● Preserve records that support your account, such as emails showing approvals or instructions, without altering or removing anything.
● Write down what you remember about the transactions, decisions, and who else was involved, while it is fresh, and share it only with your lawyer.
● Follow all court orders and conditions of release exactly.
● Contact an experienced Massachusetts criminal defense attorney as soon as you can. Early help can protect defenses and, when a clerk magistrate hearing is scheduled, can sometimes keep a complaint from issuing at all.

‍Call (978) 969-2890 for a free, confidential consultation. Phones answered 24/7 by a real person.