Regardless of the industry you work in or the size of your company, facing a government audit in New York is a very serious matter that should be addressed with the help of legal professionals. It can result in the loss of your business and potentially your ability to practice in your industry. Depending on the results of the government investigation, you may even end up serving prison time and paying fines and restitution for decades. This is not a situation that anyone wants to be in, and it is important to take every part of the process seriously to avoid making the circumstances any worse. No matter how badly you just want the issue to go away, government investigations do not just disappear because you fail to respond to requests. If you give the appearance of being uncooperative with a government investigation or audit, this could spell further trouble for you or your company down the line.
Some of the most typical forms of investigation of companies include Medicaid and Medicare fraud, tax reporting issues, consumer rights’ violations, Department of Health violations, payroll issues, immigration issues and other consumer affairs. Government officials are highly motivated to pursue investigations that they think will result in a public relations win or a benefit for the taxpayers. Even though the government does not necessarily have endless resources, there could be compelling reasons why a government agency takes a particular interest in pursuing an audit or investigation of you or your company. Even if you think your company is relatively small compared to other corporations that do business in New York, this will not necessarily deter the government from coming after you and your assets.
No matter how informal the government representative with whom you are communicating attempts to make the audit process seem, you should treat every aspect of it very seriously. Your failure to answer questions comprehensively and truthfully could result in criminal charges that could have been avoided with a more proactive approach to working through the government audit. Your failure to fully understand the scope of the questions that the government is asking during an audit could result in you not producing all of the relevant and required information or documents to the government. If the government can make a cause that you are obstructing the investigation, you could be stuck facing additional charges that carry even more severe penalties.
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(212) 300-5196One of the ways that you or your company may be involved in a broader government audit or investigation is by receiving requests for information from a government office or an official subpoena. If you are served with a subpoena, your time to respond to the requests starts ticking right away. This is why it is important to connect with an experienced New York government audit attorney so that you do not waste any time in crafting a response that complies with your obligations and also does not subject you to further communications with the government. You are legally required to respond to a subpoena and could face contempt charges if you do not do so.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Your accounting firm just received a formal notice from the New York City Comptroller's Office stating that your practice is being audited for compliance with city contracting regulations and billing practices. The letter demands production of five years of client billing records, engagement letters, and internal communications within 30 days.
What are my rights during a NYC government audit, and can I push back on the scope of documents they're demanding?
Under New York City Charter Section 93, the Comptroller has broad audit authority, but that power is not unlimited — you have the right to challenge overly burdensome or irrelevant document requests through formal objections. Attorney-client privileged communications and work product are protected from disclosure even during a government audit, so you should immediately segregate any privileged materials before producing documents. It is critical to retain experienced counsel before responding, because early missteps such as incomplete productions or inconsistent statements can escalate a routine compliance audit into a referral for criminal investigation under New York Penal Law Article 175 for falsifying business records. A strategic, cooperative but carefully managed response in the first 30 days often determines whether the audit concludes administratively or spirals into something far more serious.
This is general information only. Contact us for advice specific to your situation.
Even if you or your company ends up being charged as a result of a government investigation or audit, there are ways to mitigate the effect of those charges by negotiating a settlement with the government or agreeing to a corrective course of action. Working with a skilled attorney can help you to navigate that process so that you avoid having to pay the maximum amount in fines and/or restitution as a result of a government investigation. A New York government audit attorney can advise you as to the most appropriate time to consider a settlement strategy so that you minimize the cost of a government investigation or audit. Audits and investigations can be a drain on your company’s resources, which is why working toward a fast resolution is crucial for your company’s reputation and bottom line.
Contact the Federal Lawyers for Reliable Legal Help with a Government Audit Today
There is simply no substitute for sound legal advice if you find yourself in the middle of a government audit. It can be tempting to speak to the government representatives without realizing that you are exposing yourself to more problems. Work with an experienced New York government audit lawyer as soon as possible in the process to avoid complicating your situation. Call the experienced attorneys at the Federal Lawyers at 888-729-7065 to set up an initial consultation to discuss your government audit matter. The sooner you call the Federal Lawyers, the sooner you will be able to work on resolving your audit issues.
