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What Are Common Defenses in White-Collar Crime Cases

At Wicker / Brammell, PLLC, our experienced team of White Collar Criminal Defense Attorneys is dedicated to protecting the rights and interests of our clients.

White-collar crimes often involving financial issues, fraud, or other non-violent offenses, can have severe consequences for individuals and businesses alike. When facing allegations of white-collar crime, it's important to understand the common defenses available to build a strong legal strategy. At Wicker / Brammell, PLLC, our experienced team of White Collar Criminal Defense Attorneys is dedicated to protecting the rights and interests of our clients. 

Lack of Intent

One of the primary defenses in white-collar crime cases is demonstrating a lack of intent. Many white-collar crimes require prosecutors to prove that the accused acted with deliberate intent to commit fraud or deception. If it can be shown that the accused lacked the necessary intent to commit the alleged crime, it can significantly weaken the prosecution's case.

Insufficient Evidence

In any criminal case, the burden of proof rests with the prosecution. Another common defense in white-collar crime cases is challenging the sufficiency of the evidence against the accused. This may involve questioning the reliability of witness testimony, challenging the admissibility of certain evidence, or highlighting inconsistencies in the prosecution's case.

Entrapment

Entrapment occurs when law enforcement officers induce or persuade individuals to commit a crime they would not have otherwise committed. In white-collar crime cases, entrapment may occur through coercive tactics or undue pressure from law enforcement or government agents. Demonstrating that the accused was entrapped can serve as a viable defense strategy.

Mistaken Identity

In some cases, individuals may be wrongfully accused of white-collar crimes due to mistaken identity or false allegations. This can happen when multiple parties are involved in complex financial transactions, leading to confusion or misidentification. Proving mistaken identity requires careful scrutiny of the evidence and diligent investigation to uncover the truth.

Statute of Limitations

Like other criminal offenses, white-collar crimes are subject to statutes of limitations, which prescribe the maximum amount of time prosecutors have to bring charges against an individual. If the alleged crime occurred outside the statute of limitations, the accused may be able to have the charges dismissed.

Compliance with Regulations

In certain white-collar crime cases, individuals may argue that they were acting in accordance with applicable laws and regulations. This defense may be particularly relevant in cases involving complex financial transactions or regulatory compliance issues. Demonstrating that the accused acted in good faith and made a genuine effort to comply with the law can strengthen their defense.

Coercion or Duress

In rare cases, individuals may be compelled to engage in white-collar crimes under duress or coercion. This defense involves demonstrating that the accused committed the alleged crime under threat of harm or injury to themselves or their loved ones. Proving coercion or duress requires careful documentation of the circumstances surrounding the alleged offense.

Contact Wicker / Brammell, PLLC Today 

At Wicker / Brammell, PLLC, our team of White Collar Criminal Defense Attorneys is dedicated to providing aggressive representation and advocating for the rights of our clients. If you are facing allegations of a white-collar crime contact us for a client meeting.

Practice Area:   
Federal Criminal Defense
Bill Brammell

Bill Brammell

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