Defending & Fighting Against White Collar Criminal Charges
When you receive charges related to white collar crimes, the penalties and punishments can be extremely serious. Both businesses and individuals can be convicted of white collar crimes; where businesses can be fined and have licenses revoked while individuals can face a prison sentence.
A white collar crime is seen as an umbrella term that encompasses many different criminal acts, including insurance fraud, tax evasion, credit card fraud, bank fraud, or wire fraud, among other fraudulent practices. Due to the complexities seen in white collar cases, it is important to find a reputable defense attorney in Philadelphia that has the experience to provide the best representation possible.
Before we take a look at common defenses that are enacted for white collar cases, let’s look at the difference between business versus individual crimes.
Business criminal investigations can lead to charges filed individually against business owners or executives who were specifically responsible for actions that are deemed to violate the law. Individuals can be charged separately or in the context of their employment. Businesses can see their reputation shattered when investigated or charged with fraud or another financial crime, whereas individuals receive the punishments and fines associated with the charges.
After speaking with your criminal lawyer in Philadelphia about the charges you face, discuss the strategy and defense to see how you can beat the charges or receive a lesser sentence. Below are some common defense strategies when preparing for a white collar case.
Prove or Show Lack of Intent
Many white collar crimes include various types of embezzlement or fraud, requiring the defendant to show criminal intent for a guilty conviction. If the prosecution cannot show there was an intent to commit a crime, charges may be dropped. In most cases, your attorney doesn’t necessarily need to show lack of intent, but prevent the prosecution from proving that intent.
Show Lack of Knowledge
If multiple individuals, parties, or organizations were charged with fraud or embezzlement, it’s entirely possible that you were unaware of the crimes being committed. Developing a defense that shows the prosecution you didn’t know that you were participating in criminal activity can help in proving your lack of intent.
Entrapment would occur when a law enforcement officer coerces or intimidates an individual to get them to commit a crime. Depending on the specifics of your case, if our attorneys are able to build a defense around threats or force from law enforcement officials, the defense can result in a successful outcome.
Poke Holes in the Prosecution’s Case
White collar crimes typically involve businesses, money, and transactions that produce a lot of documents and evidence for the prosecution to sort through. One tactic to forming a defense is to disprove simple errors in the prosecution’s argument. When our attorneys find an inconsistency or are able to poke holes in the argument of the prosecution, it makes it easier to communicate with the jury and provide a more sound defense.
Statute of Limitations
Different states have different hard time limits in which to build a case and formally press charges. In the area of white collar crimes, the statute of limitations overlaps between federal and state charges, but if the statute of limitations has expired, you cannot be brought to trial. Let us go over your case file and determine whether we’re able to throw your case out due to an expired statute of limitations.
Finally, there is also a plea bargain you will likely get offered by the prosecution. Depending on the charges and what you’re facing, the best deal may be for you to accept a guilty plea in exchange for a lesser sentence. Let a defense attorney go over your white collar case and form the best defense that has the highest chances of seeing a successful outcome.