3 common defenses to white-collar crime accusations

On Behalf of | May 9, 2024 | White Collar Crimes

White-collar crime accusations can have serious consequences if not properly defended. If you are charged with a white-collar crime, legal counsel can help determine the best approaches to developing a robust defense strategy for your case.

While each alleged crime has unique circumstances and defense strategies, there are some common similarities in the defense approaches. Common defenses to white-collar crime charges include the following.

1. Entrapment

This defense asserts that you were coerced or induced by law enforcement or others into committing the alleged illegal act. To effectively use this defense, you must demonstrate that you wouldn’t have engaged in the criminal conduct if not for the undue pressure or inducement from the entrapping party. This involves showing that the idea to commit the crime originated with the entrapping party and that you lacked predisposition or intent to commit the offense prior to their influence.

2. Insufficient evidence

Another common defense strategy in white-collar crime cases is to challenge the prosecution’s evidence. This involves checking the evidence presented against you and arguing that it is insufficient to establish guilt beyond a reasonable doubt. Your legal counsel may question the credibility of witnesses, challenge the authenticity or reliability of documents or highlight inconsistencies in the prosecution’s case.

3. Lack of intent

A third defense often utilized in white-collar crime cases is asserting a lack of intent. This defense argues that you did not have the intent to commit the alleged crime. You may claim that any actions you took were inadvertent, mistaken or conducted in good faith without the intent to defraud or commit a crime. Establishing a lack of intent can be crucial in persuading the court that you did not knowingly engage in illegal conduct, thereby weakening the prosecution’s case against you.

When charged with a white-collar crime, it is important to retain legal counsel promptly to help ensure that your rights are protected and to begin building a strong defense strategy as early as possible.

FindLaw Network
Gary Jay Kaufman
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