What the Case Says About Fairness in White Collar Investigations
When prosecutors filed a felony fraud charge against an Austin restaurant owner, the headline was swift and damaging. But like many white collar criminal cases, the facts were more complicated than they first appeared—and in the end, the case was dismissed for lack of evidence.
On April 16, 2025, the Travis County District Attorney’s Office dropped the criminal charge against the owner of the well-known East Austin restaurant La Barbecue. The charge stemmed from a workers' compensation insurance claim filed nearly a decade ago after a serious employee injury. According to the Texas Department of Insurance, the restaurant obtained a policy days after the incident, with coverage backdated to include the accident.
At first glance, this triggered concerns about insurance fraud. But after years of investigation, prosecutors acknowledged they could not proceed. The case fell apart not because of a technicality, but because the evidence didn’t support the allegation.
“They Acted Lawfully, Transparently, and in Good Faith”
At Botsford & Roark, attorney Brian Roark represented the restaurant owner throughout the case. From the beginning, the defense made it clear that the owner had done nothing wrong and had followed the guidance of professionals during an incredibly difficult time. The firm argued that it is legal to obtain backdated insurance coverage, particularly when working through third-party services like payroll and HR platforms.
“This case shows why it’s so important to look past the headlines,” Roark said. “It’s easy for small business owners to get accused of misconduct when the facts are still unclear. But that doesn’t mean they’ve committed a crime.”
According to the defense, the case illustrates a broader issue: aggressive investigations into business practices that may involve administrative oversights rather than criminal intent. “There’s a big difference between fraud and a complicated insurance process,” Roark added.
When Small Business Owners Become Criminal Targets
White collar charges like insurance fraud, embezzlement, or tax violations can be career-ending—even if they’re unfounded. For people who manage or own local businesses, just being indicted can carry heavy consequences:
- Reputational harm
- Financial strain from legal fees
- Loss of community trust
- Personal stress for family and staff
The restaurant owner and her team were public about the toll the case took. But they were also clear about the support they received from customers and community members during the ordeal.
“We’re grateful for the chance to return our full focus to what we love—sharing our barbecue with the community, made with care, the way La Barbecue always has,” the owner said in a statement.
Why Experienced Legal Representation Matters in Fraud Cases
This outcome didn’t happen by accident. It was the result of thorough preparation, strategic negotiation, and relentless advocacy behind the scenes. That’s what Botsford & Roark brings to every case, especially when clients are facing high-profile scrutiny or complicated allegations.
If you're under investigation or have been charged with a white collar crime in Texas, don’t wait to see what happens. Contacting a lawyer early can dramatically change the trajectory of your case. It allows your legal team to preserve evidence, challenge assumptions, and ensure your rights are protected at every turn.
Whether you're a business owner, executive, or public official, criminal allegations can derail your life. The attorneys at Botsford & Roark understand the stakes. We have decades of experience defending clients against white collar charges in both state and federal court.
Let us help you protect your reputation, your future, and your name. Contact our Austin office today for a confidential case evaluation.
"Brian’s dedication and hard work ultimately resulted in a successful outcome. He truly went above and beyond, and I couldn't be more grateful for his support. If you're looking for a knowledgeable, trustworthy, and results-driven attorney, I highly recommend Brian Roark." — Milton H., ⭐⭐⭐⭐⭐