Regulatory Offense Attorneys
A regulatory offense is prohibited by legislation rather than the state or federal criminal code. Government agencies and departments establish regulations. They then create administrative rules that carry the force of law but lack criminal penalties.
The standard for proving guilt in these cases is lower than in standard criminal trials. While criminal law focuses on punishing actions like theft or assault, regulatory law protects public welfare, safety and industry oversight.
At Hickey & Chung, LLP, we represent clients facing accusations of federal or state regulatory offenses. Our legal team understands these complex administrative rules. We provide aggressive defense strategies to protect your business, professional livelihood and reputation. We assist you throughout the legal process.
Frequently Asked Questions About Regulatory Violations
Review our answers below to learn more about regulatory offenses and how our defense strategies can protect your business operations.
What is a regulatory offense, and is it different from a criminal charge?
Statutes prohibit regulatory offenses. The criminal code does not. Government agencies write these regulations. They form administrative rules that carry the force of law.
Many enforcement actions result in civil fines instead of jail time. Yet, willful violations can still lead to criminal prosecution. Also, the legal standard to prove a regulatory violation is low. It is much lower than the standard in criminal cases.
Criminal law punishes acts such as theft or assault. Regulatory law governs public welfare, safety and industry rules. Our defense lawyers protect clients against violations of the California Code of Regulations, including:
- Business regulations
- Education regulations
- Industrial regulations
- Investment regulations
- Legal regulations
- Professional and vocational regulations
- Public health regulations
- Managed healthcare regulations
Can a regulatory violation force my business to shut down or lose its license?
Yes. Agencies hold broad enforcement powers that can threaten your business. They investigate reports of violations and launch enforcement actions. Depending on the claims, these actions may bring heavy fines, strip professional credentials or force a business to close.
How do federal regulatory investigations proceed, and what are the stakes?
Many federal agencies police broad rule violations. A regulatory offense often triggers a hearing before an Administrative Law Judge. Some cases proceed in civil court.
Our lawyers defend clients against numerous federal agencies, including:
- CPSC: The Consumer Product Safety Commission enforces safety standards for consumer goods.
- EEOC: The Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act of 1964.
- FDIC: The Federal Deposit Insurance Corporation regulates banks, rules on mergers, and runs audits.
- FTC: The Federal Trade Commission blocks unfair or deceptive business acts.
- FDA: The Food and Drug Administration is tasked with oversight regarding the safety of pharmaceuticals, the purity of dietary products and the compliance of cosmetics.
- NLRB: The National Labor Relations Board stops unfair labor acts by employers and unions.
- OSHA: The Occupational Safety and Health Administration develops and enforces workplace safety rules.
- SEC: The Securities and Exchange Commission regulates the purchase and sale of securities.
The massive web of state and federal rules creates a high risk of violation. Laws change every year. Failing to track these updates causes severe legal trouble. In any regulatory fight, the skill of your defense lawyer is the most critical factor in your outcome.
Why Choose Hickey & Chung, LLP?
Defending against a regulatory offense requires a specific skill set. The legal team at Hickey & Chung, LLP, brings passion, skill and deep focus to every case. We consistently bring our A-game to every case.
Your attorney must know the terrain to navigate the legal map with confidence. Attorney Brendan Hickey graduated from Harvard and served as a federal defender. Naomi Chung has earned a reputation for excellence at trial. Both have been selected to the Northern California Super Lawyers* list.
Contact Our Regulatory Offense Attorneys Today
If you face a government investigation, you need quick help from a top defense lawyer. Contact Hickey & Chung, LLP, today at 415-484-4547. You can also visit our contact form to set up a meeting with our experienced legal team.
*For more information regarding the selection methodology and criteria for inclusion, please visit the official website for Super Lawyers.