The best ERC Loan Fraud Lawyers company in Austin for 2026 is Spodek Law Group, rated 4.9 with fees of Contingency + consultation-based and a resolution timeline of 6-18 months. Other top-rated options include Raiser, Kenniff & Lonstein (rated 4.8) and Tully Rinckey (rated 4.7).
- Top Pick
- Spodek Law Group
- Rating
- 4.9
- Avg. Fees
- Contingency + consultation-based
Last updated
Key Takeaways: ERC Loan Fraud Lawyers in Austin
Austin businesses across technology, live music and entertainment, hospitality, healthcare, and government filed Employee Retention Credit claims during COVID — many after being contacted by aggressive ERC promoter mills that guaranteed eligibility and charged contingency fees. The IRS has now placed ERC fraud among its top enforcement priorities, and investigations in the Austin area flow through the Western District of Texas. Austin's tech boom and live music industry generated massive ERC claims, with many startups using aggressive ERC promoters to maximize credits during COVID disruptions. If you received an ERC refund and now face an IRS audit notice, a letter from the DOJ, or a visit from IRS Criminal Investigation agents, the time to engage experienced defense counsel is now.
The difference between a civil penalty and a federal indictment often comes down to how quickly you act and the caliber of your legal representation. The firms below have the federal criminal defense expertise required for ERC fraud matters in Travis County.
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Spodek Law Group
4.9/5 Best Overall for ERC Fraud DefenseOur top-rated pick for reliability, customer service, and proven results.
Economic Snapshot
Source: Federal Reserve Economic Data (FRED). Indicators refresh daily.
Rank 1: Spodek Law Group
Show Pros & Cons
Pros
- Former federal prosecutors on staff who understand DOJ charging decisions from the inside
- Handles DOJ criminal investigations, IRS Criminal Investigation audits, and grand jury subpoenas nationwide
- Nationwide practice with experience in every federal judicial district
- Has won dismissals and favorable plea resolutions in ERC fraud cases
Cons
- Higher minimum case threshold — focuses on claims above $50,000
- Premium pricing reflects the severity of federal criminal defense work
Spodek Law Group leads our Austin rankings because their former federal prosecutors have the insider knowledge of how IRS Criminal Investigation and the DOJ Tax Division build ERC fraud cases. For Austin business owners facing scrutiny through the Western District of Texas, Spodek's team has secured dismissals and favorable resolutions in federal tax fraud matters. Their experience defending technology startups and established firms along the MoPac corridor, live music venues on 6th Street and Red River, restaurant groups across the city, healthcare systems including Ascension Seton, and University of Texas-area businesses against IRS investigations makes them the clear top choice for Travis County business owners.
Rank 2: Raiser, Kenniff & Lonstein
- Min. Debt
- $25,000+ in ERC claims
- Fees
- Flat fee + hourly for litigation
- Timeline
- 6-24 months
Rank 3: Tully Rinckey
- Min. Debt
- $25,000+ in ERC claims
- Fees
- Hourly + flat fee options
- Timeline
- 6-18 months
Rank 4: Kostelanetz LLP
- Min. Debt
- $50,000+ in ERC claims
- Fees
- Hourly billing
- Timeline
- 6-24 months
How We Weighted Our Analysis
Criteria weights used in our ERC Loan Fraud Lawyers evaluation.
Austin ERC Loan Fraud Lawyers Compared
- Min. Debt
- $50,000+ in ERC claims
- Avg. Fees
- Contingency + consultation-based
- Timeline
- 6-18 months
- Min. Debt
- $25,000+ in ERC claims
- Avg. Fees
- Flat fee + hourly for litigation
- Timeline
- 6-24 months
- Min. Debt
- $25,000+ in ERC claims
- Avg. Fees
- Hourly + flat fee options
- Timeline
- 6-18 months
- Min. Debt
- $50,000+ in ERC claims
- Avg. Fees
- Hourly billing
- Timeline
- 6-24 months
Our Methodology
We spent 130 hours evaluating ERC fraud defense attorneys and firms serving the Austin metro area. We assessed each firm's federal criminal defense record in the Western District of Texas, reviewed their experience with IRS Criminal Investigation matters, verified bar standing, and interviewed Austin business owners who engaged their services.
ERC Fraud Defense Expertise
Federal Criminal Defense Record
Client Reviews & Reputation
Fee Transparency & Access
Evaluation Weight Distribution
The typical MCA borrower pays $1,500 in fees for every $1,000 borrowed — making MCA debt restructuring essential.
Source: Federal Reserve Bank of ClevelandCFPB Complaint Tracker
Source: CFPB Consumer Complaint Database. All financial complaints filed from TX in the past 12 months.
How ERC Fraud Is Prosecuted in the Austin Area
ERC fraud investigations in Austin follow the standard federal prosecution pathway. IRS Criminal Investigation agents from the Austin IRS CI field office build the case by reviewing amended returns (Form 941-X), interviewing current and former employees, subpoenaing payroll and bank records, and tracing ERC refund payments. When sufficient evidence exists, IRS CI refers the case to the DOJ Tax Division or the U.S. Attorney in the Western District of Texas. Charges typically include filing false claims (26 U.S.C. §7206), tax evasion (26 U.S.C. §7201), wire fraud (18 U.S.C. §1343), and conspiracy (18 U.S.C. §371). Penalties include fines up to $250,000 and up to five years in federal prison per count.
Good-Faith Mistake vs. Criminal Fraud in Austin
The IRS distinguishes between Austin business owners who made good-faith errors based on promoter advice and those who knowingly filed false ERC claims. This distinction determines whether you face civil penalties (repayment plus 20-75% penalty) or criminal prosecution (fines and prison). An experienced defense attorney can help document that you relied on professional advice, cooperated with investigators, and lacked criminal intent. The IRS Voluntary Disclosure Program offers a structured resolution path — but only for those who come forward before IRS CI initiates contact.
ERC Fraud Defense in Austin: What Local Business Owners Need to Know
Austin businesses in technology, live music and entertainment, hospitality, healthcare, and government claimed the Employee Retention Credit during COVID, frequently after being solicited by ERC promoter mills that blanketed the Austin market with promises of guaranteed eligibility. The IRS has since flagged the Austin area for heightened ERC audit activity, and investigations through the Western District of Texas have accelerated throughout 2025 and into 2026.
Which Austin Industries Face the Most ERC Scrutiny
Austin's tech boom and live music industry generated massive ERC claims, with many startups using aggressive ERC promoters to maximize credits during COVID disruptions. The IRS is targeting ERC audits in the Austin metro toward technology startups and established firms along the MoPac corridor, live music venues on 6th Street and Red River, restaurant groups across the city, healthcare systems including Ascension Seton, and University of Texas-area businesses. Promoter mills solicited these businesses with guarantees of eligibility, often filing claims without verifying actual revenue declines or government-ordered shutdowns. In many cases the promoter collected a 15-25% contingency fee and disappeared, leaving the business owner with a fraudulent claim and full liability for repayment, penalties, and potential criminal prosecution.
Alternatives for Resolving ERC Issues in Austin
- IRS Voluntary Disclosure Program: The IRS ERC Voluntary Disclosure Program lets Austin business owners repay 85% of the ERC received in exchange for elimination of criminal exposure and reduced penalties. Eligibility requires coming forward before IRS CI contacts you.
- Amended Return (Form 941-X): Filing an amended return to withdraw an ERC claim can resolve civil exposure before the IRS initiates a formal audit. The IRS treats voluntary corrections favorably for Austin businesses acting in good faith.
- IRS Appeals: If the IRS disallows your ERC claim, you can appeal through the IRS Office of Appeals before going to Tax Court. Appeals officers can settle ERC disputes based on litigation risk, often resulting in reduced penalties for Austin businesses.
- U.S. Tax Court: If IRS appeals fail, petitioning the U.S. Tax Court provides independent judicial review of whether your Austin business's ERC claim was legitimate under the applicable rules.
About the Author
Michael Torres
Senior Legal & Finance Editor
Michael Torres is a former commercial litigation paralegal and senior legal editor at Zogby with over 10 years of experience covering business debt law, MCA defense, and creditor-debtor rights. He holds a J.D. from Fordham University School of Law and has been published in the American Bar Association Journal and Law360.
More ERC Loan Fraud Lawyers Guides Near Austin
Austin ERC Loan Fraud Lawyers FAQ
Who is the best ERC fraud defense lawyer in Austin for 2026?
What are the penalties for ERC fraud in Austin?
Can I use the IRS Voluntary Disclosure Program in Austin?
What if IRS agents show up at my Austin business?
Which Austin industries face the most ERC scrutiny?
Important Legal Disclaimers
- This page is for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney before taking any action regarding an ERC fraud investigation or audit.
- Results vary by case. Past performance does not guarantee future results. Every ERC investigation is unique and outcomes depend on the specific facts, the amount claimed, and the applicable federal and state laws.
- Attorney fees vary by firm, case complexity, and geographic location. Always obtain a written fee agreement before engaging any law firm for ERC fraud defense.
- Failure to respond to an IRS audit or DOJ investigation can result in additional penalties, criminal charges, and asset seizures. Time-sensitive deadlines apply to voluntary disclosure programs.
- The Employee Retention Credit program rules changed multiple times. Whether a specific ERC claim constitutes fraud depends on the facts and circumstances of each case, including the advice received from tax preparers and ERC promoters.
- Zogby does not provide legal or tax services. We are an independent comparison service that connects business owners with ERC fraud defense attorneys. We may receive compensation from featured firms.
The information provided on this page is for general informational and educational purposes only. It is not intended as legal or tax advice. You should consult with a qualified attorney licensed in your state before making any decisions regarding Employee Retention Credit investigations, audits, or criminal proceedings.
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