This article first appeared in the Summer 2014 edition of Atticus, a publication of the New York State Association of Criminal Defense Lawyers © NYSACDL 2014.

Imagine the CFO of a large public company seeks your advice, presenting the following facts: He has been participating in a revenue recognition scheme intended to “smooth” the company’s earnings over several years. He engaged in the scheme at the urging of the CEO of the company, and created false documents such as invoices and contracts. The client did not profit from the crime, his income is not dependent on the company’s stock, and his bonus is not tied to the company’s earnings. The CEO, however, exercised options, resulting in $100,000 in illicit gains through stock sales. Finally, the client tells you that he has been using his company’s credit card for personal expenses totaling $60,000. ...

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