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The best ERC Loan Fraud Lawyers company in New York 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 New York
- 1 Spodek Law Group is our #1-ranked ERC fraud defense firm for New York in 2026 — their former federal prosecutors and nationwide practice make them the top choice for business owners facing IRS Criminal Investigation audits and DOJ referrals.
- 2 ERC fraud cases in New York are prosecuted through the Northern, Southern, Eastern, and Western Districts of New York, where federal prosecutors have been filing charges against both ERC promoters and business owners who knowingly filed false claims.
- 3 the Manhattan, Brooklyn, and Buffalo IRS CI field offices handles ERC fraud investigations across the state, and the IRS has placed ERC fraud among its top enforcement priorities through at least 2027.
- 4 Business owners who received bad advice from ERC mills may qualify for the IRS Voluntary Disclosure Program, which can eliminate criminal exposure and reduce penalties — but the window is closing as investigations accelerate.
The Employee Retention Credit was designed to keep workers on payroll during COVID. In New York, thousands of businesses filed ERC claims — many guided by aggressive promoters who promised easy money and disappeared before the IRS started asking questions. Now the IRS Criminal Investigation division, operating through the Southern District (Manhattan) and Eastern District (Brooklyn), is auditing claims, demanding repayment with penalties, and referring cases to the DOJ for criminal prosecution. If you are a New York business owner who received an ERC refund and now faces an audit notice, a grand jury subpoena, or a visit from IRS special agents, the window to act is narrowing.
The distinction between a good-faith mistake and criminal fraud often comes down to the quality of your legal defense. The firms ranked below have the federal criminal defense expertise to protect your rights, negotiate with prosecutors, and — when the facts support it — keep you out of prison.
New York generated the second-highest volume of ERC claims in the nation, driven by New York City's hospitality, real estate, healthcare, and financial services industries. The Southern and Eastern Districts of New York have been among the most active jurisdictions for ERC fraud prosecutions, and NYC-based ERC promoter mills targeted businesses nationwide.. The New York Attorney General's office has been the most aggressive state AG in the nation pursuing on ERC fraud matters, adding a state-level dimension to an already complex federal enforcement landscape.
CFPB Complaint Tracker
Source: CFPB Consumer Complaint Database. All financial complaints filed from NY in the past 12 months.
About New York
ERC fraud in New York follows a predictable federal prosecution path. IRS Criminal Investigation agents, operating from the Manhattan, Brooklyn, and Buffalo IRS CI field offices, build the case by rev…
Rank 1: Spodek Law Group
Spodek Law Group leads our New York rankings because their former federal prosecutors understand ERC fraud investigations from the inside — they know how IRS Criminal Investigation builds cases, how the DOJ Tax Division makes charging decisions, and how to intervene before an audit becomes an indictment. For New York business owners facing ERC scrutiny through the Southern District (Manhattan) and Eastern District (Brooklyn), Spodek's team has secured dismissals, favorable plea resolutions, and successful voluntary disclosures in tax fraud matters nationwide. Their experience defending financial services firms in Manhattan, hospital networks across the state, real estate companies in NYC, restaurant and hospitality groups in all five boroughs, and manufacturing firms in Upstate New York against federal tax investigations makes them the clear #1 choice.
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
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
After months of stress and collection calls, I finally found a solution that actually worked. I wish I had started sooner.
New York ERC Loan Fraud Lawyers Compared
| Metric | Spodek Law Group Top Pick | Raiser, Kenniff & Lonstein | Tully Rinckey | Kostelanetz LLP |
|---|---|---|---|---|
| Min. Debt | $50,000+ in ERC claims | $25,000+ in ERC claims | $25,000+ in ERC claims | $50,000+ in ERC claims |
| Avg. Fees | Contingency + consultation-based | Flat fee + hourly for litigation | Hourly + flat fee options | Hourly billing |
| Timeline | 6-18 months | 6-24 months | 6-18 months | 6-24 months |
| Rating |
4.9
|
4.8
|
4.7
|
4.6
|
Minimum Debt Thresholds
Watch: How ERC Loan Fraud Lawyers Works in New York
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We spent 130 hours evaluating ERC fraud defense attorneys and firms serving New York. We assessed each firm's federal criminal defense record in the Northern, Southern, Eastern, and Western Districts of New York, reviewed their experience with IRS Criminal Investigation matters, verified their bar standing, and interviewed New York business owners who engaged their services for ERC-related matters.
ERC Fraud Defense Expertise
30%We evaluated each firm's track record defending clients against IRS ERC audits, DOJ criminal investigations, and grand jury proceedings — including their ability to negotiate voluntary disclosures and secure case dismissals.
Federal Criminal Defense Record
25%We reviewed each firm's history in federal tax fraud cases, including dismissals, acquittals, favorable plea agreements, and penalty reductions in ERC-related and similar tax credit fraud matters.
Client Reviews & Reputation
25%We checked client reviews, bar standing, disciplinary history, peer recognition (Chambers, Legal 500, Super Lawyers), and reputation among federal prosecutors and IRS agents.
Fee Transparency & Access
20%We assessed fee structures, availability of free consultations, geographic reach, response times for emergency situations (raids, subpoenas), and willingness to handle cases nationwide.
How We Ranked New York ERC Loan Fraud Lawyers Companies
Alternatives to Criminal Defense for ERC Issues in New York
- IRS Voluntary Disclosure Program: The IRS ERC Voluntary Disclosure Program allows business owners to repay 85% of the ERC received (keeping 15% for promoter fees already paid) in exchange for elimination of criminal exposure and reduced penalties. This is the strongest option for New York business owners who have not yet been contacted by IRS CI.
- Amended Return (Form 941-X): Filing an amended return to withdraw an ERC claim can resolve civil exposure before the IRS initiates an audit. The IRS has processed hundreds of thousands of ERC withdrawal requests and generally treats voluntary corrections favorably.
- IRS Appeals: If the IRS disallows your ERC claim, you can appeal within the IRS before going to Tax Court. IRS Appeals officers in New York have authority to settle ERC disputes based on the hazards of litigation, often resulting in reduced penalties.
- U.S. Tax Court: If administrative appeals fail, you can petition the U.S. Tax Court to challenge the IRS's disallowance of your ERC claim. Tax Court litigation requires specialized counsel but provides an independent judicial review of whether your claim was legitimate.
Which New York Industries Are Under ERC Scrutiny
New York's massive financial services and healthcare sectors. The IRS is focusing its New York ERC audits on industries where claiming patterns suggest promoter-driven fraud: financial services firms in Manhattan, hospital networks across the state, real estate companies in NYC, restaurant and hospitality groups in all five boroughs, and manufacturing firms in Upstate New York. ERC promoter mills targeted these businesses with promises of guaranteed eligibility and easy refunds, often filing claims without verifying that the business actually experienced qualifying revenue declines or government-ordered shutdowns. In many cases, the promoter collected a 15-25% contingency fee and disappeared, leaving the business owner holding a fraudulent claim and facing full liability for repayment, penalties, and potential criminal prosecution.
How ERC Fraud Is Prosecuted in New York
ERC fraud in New York follows a predictable federal prosecution path. IRS Criminal Investigation agents, operating from the Manhattan, Brooklyn, and Buffalo IRS CI field offices, build the case by reviewing amended returns (Form 941-X), interviewing employees, subpoenaing payroll records, and tracing refund payments. When the evidence supports criminal charges, IRS CI refers the case to the DOJ Tax Division or the local U.S. Attorney's office in the Southern District (Manhattan) and Eastern District (Brooklyn). Charges typically include filing false claims (26 U.S.C. §7206), tax fraud (26 U.S.C. §7201), wire fraud (18 U.S.C. §1343), and conspiracy (18 U.S.C. §371). Penalties range from substantial fines to five years in federal prison per count. The New York Attorney General's office has been the most aggressive state AG in the nation pursuing on ERC fraud investigations, creating potential state-level exposure in addition to federal charges. For New York business owners, the critical window is between the audit notice and the criminal referral — this is when a skilled defense attorney can most effectively intervene.
ERC Fraud Defense in New York: What Business Owners Need to Know
New York businesses across financial services, healthcare, real estate, hospitality, technology, media, and manufacturing claimed the Employee Retention Credit during COVID, many after being contacted by ERC promoter mills that guaranteed eligibility and charged contingency fees of 15-25% of the refund. The IRS has since identified New York as a state with significant ERC overclaiming, and investigations through the Southern District (Manhattan) and Eastern District (Brooklyn) have accelerated throughout 2025 and into 2026.
The Difference Between a Mistake and Fraud
Not every incorrect ERC claim is criminal fraud. The IRS distinguishes between business owners who made good-faith mistakes based on bad advice from promoters and those who knowingly filed false claims. The difference often determines whether you face a civil penalty (repayment plus 20-75% penalty) or criminal prosecution (fines plus prison). A qualified ERC fraud defense attorney can help establish that you relied on professional advice, cooperated with the IRS, and did not knowingly submit false information. The IRS Voluntary Disclosure Program offers a structured path to resolve questionable ERC claims before criminal referral — but eligibility requires that you come forward before the IRS contacts you.
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Source: Federal Reserve Economic Data (FRED). Indicators refresh daily.
New York ERC Loan Fraud Lawyers FAQ
Who is the best ERC fraud defense lawyer in New York for 2026?
What are the penalties for ERC fraud in New York?
Can I still use the IRS Voluntary Disclosure Program for ERC claims in New York?
What should I do if IRS agents visit my New York business about ERC claims?
Which New York industries are most targeted for ERC fraud audits?
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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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We make money from some companies on this page. That doesn't change our rankings -- the editorial team scores every product independently, and the business side has no say in what we recommend.