Fraud (Ponzi Scheme – Defense)
What can someone who is concerned about possible criminal charges being brought in the future, but who has not yet been charged, do to prevent a criminal prosecution?
Assuming he or she is concerned with the perception of the nature and quality of his investment projects, the only thing he can do to improve his chances of avoiding a criminal prosecution is to be candid with his old and new investors. The defendant may be able to protect himself from criminal prosecution if he made no false statements or promises to prospective investors with respect to future investments. Similarly, assuming that he or she produced no false documents, which would constitute evidence of fraudulent acts and intent, it would seem that the defendant may have an opportunity to protect himself from criminal prosecution.
If the Rakofsky Law Firm is to offer any advice to such a person, to protect ourselves, we INSIST and must be satisfied that he or she will be completely open with and will provide full disclosure to his or her investors.