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Understanding the Role—and Why Hiring the Right Defense Team Can Make or Break Your Case

If you’ve been accused of business fraud in Orange County, one of the first questions you might ask is, “Do I really need a business fraud attorney?”

The answer is a resounding yes—and not just any lawyer will do.

Business fraud allegations can destroy reputations, derail careers, and lead to steep financial penalties or prison time. Whether you’re a business owner, executive, CPA, or investor, you need experienced, aggressive legal representation to protect your future.

At Simmons & Wagner, we’re not just any defense attorneys—we’re former Orange County District Attorneys who now defend clients against complex white-collar and business fraud charges. In this blog, we’ll break down what a business fraud attorney actually does—and why that role is critical if you’re facing investigation or prosecution.

What Is Business Fraud?

Business fraud refers to intentionally deceptive practices carried out in the course of commercial activity, usually for financial gain. Common examples include:

  • Falsifying financial statements
  • Embezzlement or misappropriation of funds
  • Fraudulent business loans or PPP loan misuse
  • Wire fraud and mail fraud
  • Securities or investment fraud
  • Tax fraud or evasion
  • Billing fraud or overcharges
  • Breach of fiduciary duty with fraudulent intent

In Orange County and across California, these crimes are prosecuted aggressively at both the state and federal level—and the penalties can be life-changing.

So What Does a Business Fraud Attorney Actually Do?

A skilled business fraud attorney in Orange County wears many hats: investigator, strategist, negotiator, and courtroom advocate. At Simmons & Wagner, here’s what we do for our clients from day one:

1. Investigate the Accusations Thoroughly

Before you can fight the charges, you need to understand them. We:

  • Review all evidence (financial records, emails, contracts)
  • Identify weaknesses in the prosecution’s case
  • Spot inconsistencies in witness statements
  • Determine whether your actions were civil disputes or criminal conduct
  • Work with forensic accountants and experts when necessary

Most importantly, we investigate the motives of accusers—whether they’re former employees, business partners, investors, or competitors—to determine if the charges are retaliatory or exaggerated.

2. Build a Strategic Defense Plan

No two fraud cases are alike. We tailor every defense to the facts of your case and your specific goals, such as:

  • Getting charges dropped or dismissed early
  • Negotiating a favorable plea or civil settlement
  • Avoiding license or business consequences
  • Going to trial and fighting for a full acquittal

We identify whether your actions were negligent but not criminal, or whether the prosecution lacks evidence of intent, knowledge, or harm.

3. Shield You from Law Enforcement Missteps

Most white-collar cases begin long before charges are filed. That means agents from the IRS, FBI, or local DA’s office may try to speak with you early on—hoping you’ll say something incriminating.

We ensure:

  • You never speak to investigators without protection
  • You understand your rights before providing documents or testimony
  • We push back on overbroad subpoenas or search warrants
  • You avoid self-incrimination, even in “friendly” conversations

4. Handle Both State and Federal Charges

Business fraud can trigger dual investigations—from the Orange County District Attorney’s Office, the California Attorney General, or federal agencies like the DOJ, SEC, IRS, or SBA.

We’re equipped to defend you in both state and federal court, with experience navigating:

  • Grand jury proceedings
  • Parallel civil litigation or regulatory investigations
  • Multi-agency white-collar task forces
  • Pre-indictment defense strategies

5. Protect Your Reputation and Career

Fraud accusations aren’t just legal problems—they’re personal and professional crises. Our role includes:

  • Helping you maintain your business during the investigation
  • Working with PR or crisis communication teams if needed
  • Preventing collateral damage to professional licenses, government contracts, or industry credentials
  • Pursuing outcomes like deferred prosecution agreements or non-fraud resolutions that protect your future

Why Choose Simmons & Wagner as Your Business Fraud Attorneys in Orange County?

Because we’ve been on the other side.

As former Orange County District Attorneys, we know:

  • How prosecutors build fraud cases
  • What evidence they need to convict
  • Where their cases fall apart
  • And how to get ahead of an investigation before it’s too late

We don’t just know the law—we know how it’s used, misused, and misunderstood in business fraud prosecutions. We’ve successfully defended clients facing millions in exposure, federal prison time, and professional ruin.

Whether you’re under investigation or have already been charged, we act fast, protect your rights, and get in front of the problem—before it defines your future.

Facing Fraud Allegations? Don’t Wait to Get Help.

Your business, your license, your freedom—they’re all at risk. Don’t talk to law enforcement. Don’t try to explain yourself. And don’t wait for charges to be filed.

Contact Simmons & Wagner now. As experienced business fraud attorneys in Orange County, we’re ready to defend what matters most to you.

(949) 439-5857