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So your probably sitting there with this Civil Investigative Demand from FERC, DOJ, or DOE about energy fraud and your entire business is imploding. Maybe you manipulated electricity markets. Maybe there’s issues with renewable energy tax credits. Or maybe your just caught up in there latest oil and gas royalty sweep. Look, we get it. Your ABSOLUTELY PANICKED. And you should be! Because FERC is seeking $722 MILLION in penalties and executives are getting 63 MONTHS in federal prison!
Let me explain the energy nightmare your facing. FERC’s Office of Enforcement has unlimited investigative powers and DOJ’s Environmental and Natural Resources Division wants to destroy “market manipulators”!
Energy fraud covers EVERYTHING – electricity market manipulation, natural gas trading violations, renewable energy credit fraud, oil and gas royalty theft, and tax credit schemes! Every trade, every report, every credit claim becomes potential fraud! We’ve seen legitimate energy companies bankrupted over algorithmic trading!
Here’s what’s really scary – David Dunham got convicted for $50 MILLION in fraudulent renewable credits! The biofuel scheme? $1 BILLION in false claims! Your facing catastrophic liability for paperwork!
Hold onto your drilling rights because these numbers will destroy everything!
Biofuel fraudsters ordered to pay $442 MILLION in restitution! Solar scheme promoters disgorged $50 million! Hilcorp paid $34.6 million for royalty underpayments! These aren’t Enron-sized frauds – there regular energy companies!
Criminal penalties are CATASTROPHIC – renewable fuel fraud got 63 months prison! Market manipulation carries 20 years! False reporting to FERC? 5 years! Wire fraud for each transaction? Another 20 years! We’ve seen energy traders face 50+ year sentences!
Market manipulation prosecutions are EXPLODING! FERC opened 19 new investigations in 2023 alone!
Virtual bidding strategies? MANIPULATION! Congestion trading? Fraud! Even legitimate hedging gets twisted into criminal conspiracy! We’ve seen traders imprisoned for strategies every fund uses!
FERC’s definition is impossibly broad – ANY action that affects price can be manipulation! Used an algorithm? Manipulative device! Changed positions based on weather? FRAUD! One trader got prosecuted for trades that MADE the market more efficient!
Your probably wondering “How did FERC find out?” Let me tell you what puts energy companies in there crosshairs:
FERC’s enforcement hotline gets thousands of tips! Competitors report “suspicious” trading! Former employees seeking revenge! Even market monitors flag normal volatility as manipulation!
ISO/RTO surveillance is everywhere! Every bid monitored! Every trade analyzed! Algorithms flag “anomalies” that are just market conditions! We’ve seen investigations triggered by profitable trades during Texas freezes!
IRA tax credits are the NEW enforcement priority! Solar tax schemes getting crushed with $50 million disgorgements!
Inflated project costs? FRAUD! Claimed credits before operational? Criminal! Wrong certification on form? False claim! We’ve seen solar developers prosecuted for delays caused by supply chain issues!
The 30% ITC is a prosecution magnet! Basis calculations scrutinized! Placed-in-service dates challenged! Even legitimate tax planning becomes criminal conspiracy! One wind farm lost everything because turbines arrived late!
ABSOLUTELY! And executives are personally targeted! Teresa McCown became FIRST person criminally prosecuted under oil reporting statute!
Recent prosecutions are terrifying! Ohio man got 63 months for renewable fuel! Arizona man pled guilty to solar fraud! Biofuel executives imprisoned! These aren’t criminals – there energy professionals!
The conspiracy net is WIDE – traders, compliance officers, accountants, even IT staff! Everyone who touched the transaction faces charges! We’ve seen junior analysts imprisoned for following orders!
The scope is absolutely overwhelming! FERC demands EVERYTHING about your energy operations:
All trading records and strategies, communications with ISOs/RTOs, price forecasts and models, compliance policies and training, emails about markets, phone recordings, even personal texts about weather!
For renewable projects its worse – construction contracts and change orders, equipment certifications, interconnection studies, PPA negotiations, tax credit applications! How do you prove wind speed from 5 years ago? You can’t!
Prepare for YEARS of regulatory torture! Energy investigations are extraordinarily complex:
Initial CID response (60 days of massive production), FERC staff investigation (12-18 months), settlement negotiations or Order to Show Cause (6-12 months), hearing before ALJ if contested (12-24 months), Commission decision and appeals (12+ months)!
Your looking at 4-6 years MINIMUM! During this time, trading restricted, credit downgrades, counterparties flee, and renewable projects stall! Legal fees? Expect $2-5 million! We’ve seen profitable traders bankrupted by defense costs!
The parallel proceedings DESTROY defendants! FERC pursues civil while DOJ pursues criminal simultaneously!
Can’t settle civilly without admitting facts for criminal! Can’t defend criminally without exposing civil liability! Fifth Amendment doesn’t stop FERC! We’ve seen defendants forced to choose between bankruptcy or prison!
FERC penalties are “civil” but feel criminal – $1.29 million per day per violation! Disgorge all profits plus penalty! Compliance monitoring for years! Its financial execution!
Royalty underpayment prosecutions are SURGING! DOI recovered $34 million from Hilcorp alone!
Estimated payments without true-ups? FRAUD! Wrong price index? Underpayment! Deducted transportation costs? Theft from taxpayers! We’ve seen families lose ranches over grandmother’s mineral rights accounting!
The False Claims Act applies to EVERY royalty report! Each monthly filing is separate violation! 10 years of reports? 120 false claims! Treble damages on millions in royalties! Plus criminal prosecution!
Energy investigations trigger IMMEDIATE financial crisis! Banks treat investigated companies as toxic!
Project finance evaporates! Reserve-based lending frozen! Tax equity investors flee! Insurance companies cancel coverage! We’ve seen billion-dollar projects abandoned because financing disappeared during investigation!
Power purchase agreements get terminated! Off-take agreements cancelled! Interconnection rights lost! Your renewable project becomes worthless stranded asset!
Look, we’re not your typical energy lawyers who just negotiate PPAs. We’re federal criminal defense attorneys who specialize in keeping energy executives out of prison when market activities become criminal prosecutions!
We understand FERC market rules and how legitimate trading differs from manipulation. We know renewable energy tax credit requirements and common pitfalls. We can challenge royalty calculations and reporting obligations. Most importantly, we prevent civil investigations from becoming criminal cases!
Other firms tell you to cooperate with FERC and pay penalties. That’s EXACTLY how executives end up in federal prison! The government doesn’t care about energy markets – they want headlines and convictions. We fight strategically, protecting your freedom and business!
Call us RIGHT NOW at 212-300-5196
Energy investigations destroy companies overnight!
Former FERC prosecutors – Energy fraud defense experts – Available 24/7!
Don’t wait another second! FERC is analyzing your trades! DOJ is calculating False Claims Act damages! Market monitors are providing data! Criminal prosecutors are preparing indictments! Every day of trading increases liability!
Remember – energy fraud isn’t about regulatory compliance anymore. Its about federal prison and corporate death. One algorithm, one tax credit, one royalty report can trigger criminal prosecution and bankruptcy. You need someone who understands energy market complexity AND federal criminal defense. Call us NOW before that CID becomes handcuffs!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS