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Matthew A. Radefeld and Daniel A. Juengel

Potential defenses to a corporate fraud charge

On Behalf of | Mar 22, 2022 | Uncategorized |

Being charged with corporate fraud can be a frightening experience in Missouri. Aside from the possibility of jail time, a fraud conviction can lead to other serious problems, such as the loss of your job and reputation. Fortunately, if you’re charged with this form of fraud, there are several defenses that you may be able to use.  

Lack of intent

One of the key elements of corporate fraud charges is that the defendant acted with intent to defraud. This means that they must have had the specific goal of deceiving or harming someone. If you can show that you lacked this intent, you may be able to avoid a conviction. For example, if you made an honest mistake or were acting in good faith, you may argue that you did not commit corporate fraud.  

Duress

If you show that you committed fraud under threat of violence or other harm, you may avoid a conviction. This defense is typically only available if you can show that you had no other reasonable choice but to commit the fraud.  

Insanity

You can also show that you were clinically insane at the time of the crime to avoid a conviction. This defense is very difficult to prove, however, and it often requires expert testimony. In many cases, defendants who are successful in using the insanity defense are sent to mental health facilities. That means that if you’re considering using this defense, it’s important to understand the potential consequences.  

Insufficient evidence

If the prosecution does not have enough evidence to prove their case beyond a reasonable doubt, you may avoid a conviction. This defense is often used when the prosecution’s case relies heavily on circumstantial evidence. If there are holes in the prosecution’s case, you may be able to take advantage of them and get the charges against you dismissed.  

Statute of limitations

In some cases, the statute of limitations may prevent the prosecution from bringing charges against you. This law sets a limit on how long the prosecutor has to bring charges after someone allegedly commits a white-collar crime. It’s important to note that this defense is not always available, and the length of time can vary depending on the state in which you’re charged.  

These are just a few of the defenses that may be available to you if you’re charged with corporate fraud. If you’ve been charged with this crime, it’s important to understand each defense and how it might apply to your case.