White collar crimes are serious allegations that can damage both your reputation and career. If you’re facing charges for a crime like fraud, embezzlement, or insider trading, it’s important to understand the defenses available to you.
At Goyette, Ruano & Thompson, Inc., we have deep experience defending clients in California against white collar charges. Let’s take a closer look at some of the common defenses we use to protect our clients.
Lack of Intent
One of the strongest defenses in white collar crime cases is proving a “lack of intent.” Many white collar crimes require intentional wrongdoing to secure a conviction, meaning the prosecution has to prove you knowingly and willingly committed the crime. If you did not intend to commit a crime—or were unaware that your actions were illegal—this can be a powerful defense.
Imagine a business manager is accused of embezzling funds, but evidence shows they believed they were following legitimate business practices. If we can prove they lacked intent, the charges may be reduced or dismissed because the crime wasn’t deliberate.
Insufficient Evidence
Another common defense is challenging the strength of the prosecution’s evidence. In white collar crime cases, the evidence is often complex and sometimes based on assumptions rather than solid proof. If the evidence is weak, inconsistent, or circumstantial, an experienced California white collar crimes attorney can argue that it doesn’t meet the standard for conviction.
Suppose an employee is charged with insider trading based solely on phone records showing they spoke with someone who shared confidential information. If there’s no clear proof they acted on that information to make a profit, we could argue that the evidence is insufficient, which could lead to a dismissal.
Entrapment
Entrapment occurs when law enforcement officers or informants push or trick someone into committing a crime they wouldn’t normally commit. In California, entrapment is a valid defense if it can be shown that you were induced to commit a crime by someone working for law enforcement, rather than acting on your own.
Imagine a small business owner is repeatedly pressured by an undercover agent posing as an investor to alter financial reports to secure funding. Initially refusing, the business owner eventually agrees due to the agent’s persistent insistence. This could be entrapment, as the business owner was coerced into committing an act they would not have otherwise considered.
Duress
Duress is a defense used when someone is forced to commit a crime due to threats or pressure from another person. If a defendant can show they only acted illegally because they feared for their safety or well-being, they may avoid conviction.
Consider an accountant who transfers funds illegally because their supervisor threatened to harm their career if they didn’t comply. By proving the accountant acted under duress, we could argue that they’re not fully responsible for the crime.
Why You Should Work With Goyette, Ruano & Thompson, Inc.
Facing a white collar crime charge in California requires a solid defense and a deep understanding of state laws. The attorneys at Goyette, Ruano & Thompson, Inc., are dedicated to protecting your rights and fighting for the best outcome. By examining defenses like lack of intent, insufficient evidence, entrapment, and duress, you’ll be better prepared to navigate these charges confidently.
Contact Us Today
If you’re facing a white collar crime charge in California, don’t go through it alone. Contact Goyette, Ruano & Thompson, Inc., today for a consultation. Let our experienced criminal defense attorneys provide the legal support you need to defend your future and protect your rights.