There is a range of white-collar crimes, including embezzlement, public corruption, credit card fraud, insurance fraud, and money laundering. Each offense can carry severe penalties at the state and federal levels, which a white collar crime lawyer understands can be significant.. What are the defense strategies for white-collar crimes in New York? Each type of offense and its circumstances will affect the ideal method of defense.
Common Defenses to White-Collar Crimes
White-collar crimes are similar to any other criminal case, where the prosecution must prove beyond a reasonable doubt that the defendant committed the offense. Preventing the prosecution from meeting this burden of proof is a basis for defense, but there are several different ways that a defense can be built. In New York in 2019, there were over 1,700 arrests for forgery and counterfeiting, and nearly 3,500 for fraud.
Some of the most common defenses to white-collar offenses include:
Lack of Intent
Many white-collar offenses require intent. The prosecution has to prove that a defendant intended to commit a criminal offense, such as the intent to defraud or the intent to deprive a party of property.
An effective defense may be one that proves the defendant had no intention to commit a crime, and instead made a mistake or made a genuine business decision. Ignorance that actions were illegal may also undermine the case for intent and lead to fewer penalties. This defense will not work for all offenses. Some white-collar crimes do not require intent for there to be penalties.
Rights Violations
When agencies are investigating and prosecuting white-collar crimes, they must respect the rights of the defendant. There are many ways agencies can fail to do this, including search and seizure violations or Miranda rights violations.
An unlawful search or seizure is conducted without consent, a warrant, or reasonable cause. If someone’s constitutional rights were violated with an unreasonable search or seizure, then the evidence secured in this search could be suppressed. If significant evidence is suppressed, this can prevent the prosecution from meeting its burden of proof.
Entrapment
This defense claims that the defendant would not have committed the offense if not for the coercive actions of law enforcement or other agents. Coercive behavior can include threats, fraud, or financial incentives. This defense must also show that the defendant was not predisposed to commit the offense in question prior to coercive behavior.
Duress
A duress defense claims that the defendant committed the offense because of physical or verbal threats of violence if they did not commit the offense. The defendant had a lack of intent or desire to commit the crime, but had a reasonable fear of actual and immediate violence and no way to prevent the violence.
Incapacitation
This defense argues that the defendant lacked the ability to understand their action, such as because of mental incapacity, intoxication, or insanity. Because the defendant lacked the understanding of what they were doing, they could not have had criminal intent. This defense is more likely to be successful if intoxication or incapacity was involuntary.
Statute of Limitations
There is a limited period of time that agencies can prosecute most criminal offenses. This is the statute of limitations for criminal cases, which varies depending on the offense and whether it is charged at the state or federal level. If an agency does not charge the defendant within that time period, then it can be prevented from prosecuting the offense. Generally, more severe offenses have a longer time frame to file charges.
FAQs
What Is a Common Defense Strategy for Most White-Collar Defendants?
There are many common defense strategies for white-collar defendants, such as a lack of intent. Many types of white-collar offenses require criminal intent. If a person was unaware and unintentionally committed a crime, this could be a defense. However, every white-collar criminal case is different, and the right defense for a specific case depends on the crime committed, the circumstances of the offense, and other factors.
How Do Courts Handle White-Collar Crimes?
White-collar crimes are frequently handled by federal courts, especially when the offense is committed against a federal agency or public benefits program, or if the offense crosses state lines, as many that occur online do. These criminal offenses are penalized harshly and are often felony offenses. This means penalties can include hundreds to thousands in fines and years in prison.
If you are charged with a white-collar offense, you need a defense lawyer, especially for a federal case.
Why Is It Difficult to Prosecute White-Collar Crimes?
It is hard to prosecute white-collar crimes for numerous reasons, including the lengths that offenders go to in order to hide their illegal transactions and other offenses.
To secure evidence for prosecution, investigating agencies have to go through significant financial and business documentation. This investigation must also determine the individuals who should be held criminally responsible, as many parties may be involved without knowing it. It is also difficult for prosecuting agencies to prove criminal intent in many cases.
Why Should I Hire a White-Collar Crime Lawyer?
You should hire a white-collar crime lawyer if you were charged with these offenses because a lawyer offers you the greatest chance of a beneficial outcome. An attorney investigates the charges against you, listens to your situation, determines the strength of the prosecution’s case, and advises you on the next steps. They can represent you in a trial or advocate for your rights during negotiations for a plea deal. An attorney fights for your future.
Speak With a Defense Lawyer in New York Today
Conviction of a white-collar crime can change your entire future. You need to quickly get in contact with the right criminal defense lawyer, and it’s important that you don’t cut corners when your future is on the line. The sooner you secure representation, the sooner your attorney can begin protecting your rights and building your defense.
At the Law Offices of Robert Tsigler, PLLC, we have decades of combined experience in criminal defense and a proven track record of success.
When you need reliable and comprehensive legal representation, we can help. We have the professional resources needed to address the unique technical complexities in white-collar crimes. Our attorneys communicate with you quickly and are available 24/7 when you have concerns or for late court appearances. Reach out to our firm today.
