All business owners must deal with regulations on a daily basis. Sometimes too many regulations! Knowing how to navigate the rules of the game in one's respective business can somewhat of a daunting challenge. Some examples of regulations that define our business are sales and business taxes; financial transactions with banks, individuals and or investors; labor law issues; and if you own a grocery convenience store or bar, cigarette and liquor regulations are quite complex and change often. Making a good faith effort to abide by those regulations can not only be challenging-but overwhelming. They can be especially challenging if a state or federal regulatory agency is monitoring your business, contacts you for what seemingly routine or “innocent” interaction to discuss an administrative mistake, error or omission. In most situations the knee jerk reaction would be to fix, correct or resolve such issue could result in a fine, an administrative hearing or even more serious, criminal investigation/enforcement.
If contacted by an administrative agency by letter, phone call or an unexpected visit to your business, contacting your lawyer to discuss the same, should be the next move. It may be a quick phone call after the review of the letter or correspondence. In a case of an unexpected on site visit, one should call a Detroit criminal attorney, immediately before answering any questions or giving consent for inspection! Nevertheless, your legal counsel having the opportunity to review the correspondence may see issues that could result in or may be the subject of a criminal based inquiry. In the situation of an unexpected onsite visit, almost always is a prelude to something serious or criminal in nature, calling a Detroit criminal attorney early in the process may cost but pays dividends later in the process.
In reality, half of many of the criminal investigations begin with the group of people that we depend on for the success of our business-clients and customers! A formal agency complaint by a customer or client, audit of their personal or professional business or a disgruntled client acting in a whistleblower capacity, negative television or social media coverage, are the genesis of criminal investigations. The other half are due to some form of audit, filings or forms submitted to the regulatory agency by the business owner or a administrative agencies perceived irregularity in the day to day business transactions of the business. The decision for an agency to go forward with a criminal investigation may be based on policy or an agents personal negative disposition to you or the industry in which you are affiliated.
While most have spent a considerable amount of time and attention in our business, one may be misled to think that they can manage these issues on their own. In this day and time, with the state and federal regulatory agencies kicking up their criminal enforcement efforts, it is best to approach to address any interaction with an administrative regulatory agency, be it the innocent letter from an enforcement agency and/or a "casual visit" from an agent of a law enforcement or regulatory agency, with the assistance of an experienced Detroit criminal attorney.
It may seem logical that if you comply with what is asked, the problem will be resolved. That is true in approximately 70% of the cases, but in the other 30% of the cases it doesn’t end so easy-some type of criminal investigation tends to eventuate! Engaging the assistance of an attorney, to review the situation, answer any questions and if necessary contact and interact with the regulatory and/or law enforcement agency, is worth its weight in gold and peace of mind to know all of the angles and issues as it regards the situation are being identified and handled by a professional. It is often said that it's more economically feasible to have a lawyer address an issue given rise by a state or federal regulatory agency before it gets out of control, rather than when it is out of control!
A great trial lawyer used to say, “We all can guarantee we won't commit a crime, but we can't guarantee being charged with one!” Many business owners don't have the intent to commit a crime when charged or being investigated! However, the charging administrative and or criminal agency, based on their investigation (with or without merit) may conclude that a crime or serious violation of the regulation as it regards your business, warrants further action and it will then be up to you to vigorously defend your business, your reputation and your name. That's why it's critical that you get ahead of the game, hire an experienced Detroit criminal attorney to address the issues head on and to endeavor to resolve the matter immediately!
|Attorney Ray Richards 313.694.8400 [email protected] www.rayrichardslaw.com LEGAL DISCLAIMER The materials and information in this publication are made available by the Law firm of Richards & Associates PLC in conjunction with any hosting or distribution website said article may appear, for informational purposes only and should not be considered legal advice. The receipt of said information does not form or constitute an attorney-client relationship. Persons receiving this information should not act upon the information provided without seeking professional legal counsel.|