Fraud is a serious crime in Indiana, and the penalties are severe. Most fraud crimes, and federal fraud crimes in particular, have the required element of intent. To be clear, the prosecutor must show that you intended to defraud a person or entity, or that you intended to participate in a fraud scheme, regardless of whether the fraud actually occurred or if someone suffered losses as a result of alleged fraudulent intent. Without the ability to prove intent, the prosecution cannot win your case.
Consequently, if you can demonstrate that you participated in certain actions but that you never had any intention to deceive, you may be able to create a strong defense. Unintentional acts are not considered fraud because they were committed by mistake. Another very common defense is the statute of limitations. Depending on when the crime ended or when the last fraudulent act occurred, your defense could be that the government didn't charge you within the time period allotted to file charges.
Therefore, it's vital to have a strong defense strategy before challenging the charges against you. Some of the most common defenses are described below. Coercion is a somewhat rare defense against embezzlement, but it can be feasible depending on the circumstances. Coercion occurs when a person believes that they are in danger or that they will face harm unless they commit a crime. For example, if an employer forces an employee to embezzle money or cause them to lose their job, that could be considered coercion.
A federal criminal defense lawyer in Orange County, California can help you present coercion as a defense depending on the circumstances. Cheating occurs when the government forces an innocent person to commit a crime that, in general, they would not have committed. For example, the government can create bait assets aimed at a person to embezzle funds. Usually, the prosecution will try to argue that the defendant would have committed the crime of embezzlement anyway. An experienced Southern California embezzlement lawyer can reason your case to prove your innocence. The disability can be physical or mental.
If the defense shows that the author had any disability when the embezzlement occurred, that could be a strong justification against the prosecution. For example, suppose that the author was under the influence of a medication that affected his judgment and required him to transfer the funds that had been unduly entrusted to him. In that case, they could have a solid defense. However, the voluntary use of toxic substances may not serve to create a defense. In some fraud cases, the government's case is based on evidence that was obtained as a result of a constitutional violation, such as a violation of the Fourth Amendment and its protections against unreasonable searches and seizures.
If the evidence against you in a fraud case was obtained in a search in which law enforcement officials or investigators had no probable cause or did not have a court order, a strong defense may include raising the question of a constitutional violation. In addition, if the alleged plan involved multiple victims and other suspects in more than one state, this type of fraud could be considered a federal crime. Anyone who faces fraud crime charges in Dallas, under state or federal law, should begin working with a fraud crime defense lawyer in Texas as soon as possible to begin developing a defense strategy. California laws stipulate the amount of time the prosecution has to file a charge of embezzlement or fraud. To be clear, coercion as a legal defense does not mean that you have been under financial stress or financial duress and, as a result, have committed a crime.
If a law enforcement officer forced you to participate in fraud or in any of the elements of the fraud crime you are being accused of, you may be able to file a cheating defense. Concepcion Law works in several practice areas with a focus on criminal defense, commercial litigation and serious personal injury. There is also a type of defense called constructive fraud, and it's very common in cases of health care fraud where the government alleges that you fraudulently billed them for Medicare or Medicaid health treatments. Since online fraud can involve tens or hundreds of perpetrators and victims, it's not uncommon for someone to be misidentified as the culprit due to an inadequate investigation by law enforcement.
If you are facing charges for fraud crimes in Indiana or elsewhere in America it is important to understand your legal rights and defenses available to you. The most common defenses against fraud charges include unintentional acts; statute of limitations; coercion; cheating; disability; and constitutional violations.
