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Matthew A. Radefeld and Daniel A. Juengel

Common white collar crime defense strategies

On Behalf of | May 10, 2022 | Uncategorized |

White collar crime, also known as corporate crime, encompasses any illegal act that doesn’t involve physical violence or robbery. Some of the most common white collar crimes include securities fraud, credit card fraud, identity theft and tax evasion.

White collar crime defenses may differ depending on the type of crime you are accused of. Also, you should know what punishments you may face and how you can make the most of your case by working with a criminal defense attorney.

We’ll discuss some white collar crime defense strategies that you could find helpful in your case.

Entrapment defense

In criminal law, entrapment is a practice in which a law enforcement agent induces a person to commit an offense that they were not planning to commit. If defendants can prove that entrapment occurred, any evidence gathered as a result of that action will not be admissible in court.

Non-fraudulent statements

This is a common tactic used by defendants in white collar crime cases. On the basis of non-fraudulent statements, they may be excused from prosecution for making a statement without intent to deceive. However, it’s important to note that simple negligence—or failing to exercise due care—won’t protect you from a white collar crime conviction.

Lack of intent

A white collar crime must be a specific intent crime. That means that it has to be proven that you had an intention to commit fraud. On paper, these acts may seem like they require criminal intent. However, for them to hold up in court, there must be clear proof that your actions were purposeful.

Intoxication

Some defenses to white collar crimes try to prove that a defendant was intoxicated, insane or otherwise not mentally competent when they committed a crime. If they were intoxicated or insane at the time of a crime, they didn’t know what they were doing.

Penalties and sentences common to white collar crimes

Federal statutes prescribe many punishments for these crimes and may be uniform throughout the country. However, in some cases, a judge may impose any sentence they feel is appropriate. White collar criminals could face fines, imprisonment, probation, or community service. Also, they may have to pay back the injured party.

White collar crimes involve the use of deceit, fraud, or manipulation to get money or property from an organization or individual and can lead to long prison terms and fines if convicted. The penalties and defenses for white collar crimes vary depending on the specific offense.