Being accused of business fraud is one of the most serious challenges a professional can face. The pressure is immediate, the consequences are severe, and the path forward can feel unclear. But in our experience at Simmons & Wagner, the biggest damage often comes not from the accusation itself—but from what people do next.
As former Orange County District Attorneys, we’ve seen how even intelligent, successful individuals unknowingly make critical missteps that compromise their defense. If you’re under investigation or have already been charged, what you do in the first 24 to 72 hours matters enormously.
Here are the top five mistakes people make after being accused of business fraud—and how you can avoid them.
1. Talking to Investigators Without a Lawyer Present
This is, hands down, the most common and most damaging mistake. Investigators may approach you under the guise of a “simple chat” or imply that cooperating will make things easier for you. They may even say things like “You’re not a suspect” to get you talking freely.
But make no mistake: they are not on your side.
Anything you say—no matter how harmless it may seem—can be twisted and used against you. Once you’re on record, even clarifications later on may not undo the damage. Remember: you are not required to speak to investigators without an attorney present.
What to do instead:
Politely decline to answer questions and contact an experienced business fraud defense attorney immediately. At Simmons & Wagner, we intervene early to protect your rights and manage all communication with investigators on your behalf.
2. Destroying or Altering Documents
When panic sets in, some people attempt to “clean up” files, delete emails, or destroy financial records. This is a serious and often irreversible mistake. Not only does it raise red flags, but it can also lead to additional charges like obstruction of justice or tampering with evidence.
Even if your intent was simply to correct a mistake, modifying or deleting records after an accusation can appear incriminating.
What to do instead:
Preserve all relevant records and speak to your attorney about how to safely gather documentation for your defense. Our team can guide you on how to secure your data without putting yourself at risk.
3. Assuming It’s Just a Civil Matter
Many clients initially believe that business fraud accusations are “just business” disputes that will resolve themselves in court or arbitration. But fraud—unlike breach of contract or mismanagement—can carry criminal penalties, including prison time.
Delaying your response or treating the matter casually may allow prosecutors to build their case uncontested.
What to do instead:
Treat any accusation involving dishonesty, financial misrepresentation, or deception as a potential criminal issue. The earlier you get a criminal defense team involved, the better your chances of preventing or minimizing charges.
4. Talking to Colleagues or Posting Online
In a moment of frustration or fear, you might confide in a coworker, explain yourself to clients, or even post something online defending your actions. Unfortunately, these statements can backfire—and may even become part of the government’s evidence against you.
In business fraud cases, context and interpretation matter. Something you say casually can easily be misrepresented.
What to do instead:
Remain silent publicly. Let your attorney control the narrative and manage the flow of information. Your legal team can coordinate communication strategies that protect you without creating further liability.
5. Waiting Too Long to Get Legal Help
Some individuals hope the issue will blow over, especially if they know they didn’t do anything wrong. Others are embarrassed or afraid to reach out for help. But the truth is, delaying legal action gives the government a massive head start in building a case against you.
The earlier you retain experienced legal counsel, the more power you have to shape the outcome—from pre-charge negotiations to evidence preservation and trial strategy.
What to do instead:
Contact a qualified business fraud defense attorney immediately. At Simmons & Wagner, we know what’s coming next because we’ve been on the other side. We act fast, protect your rights, and start building a solid defense from day one.
Don’t Let One Mistake Turn into Many. Call Simmons & Wagner Today.
Being accused of business fraud is frightening—but you don’t have to face it alone. With the right legal strategy and swift action, you can protect your future, your reputation, and your freedom.
If you’re under investigation or facing charges, contact Simmons & Wagner today for a confidential consultation. We’ve helped countless professionals navigate these challenges, and we’re ready to fight for you.