How Lawyers Defend White Collar Crime Cases: Top Strategies
Contents
- 1 How Lawyers Defend White Collar Crime Cases: Top Strategies
- 2 Challenging the Strength of the Evidence
- 3 Attacking the Credibility of Witnesses
- 4 Focusing on Lack of Criminal Intent
- 5 Highlighting Good Faith
- 6 Questioning Novel Legal Theories
- 7 Compliance Programs and Internal Controls
- 8 Scapegoating Rogue Employees
- 9 Cooperating with Authorities
- 10 Negotiating Plea Deals
- 11 Sentencing Mitigation
- 12 Resources
How Lawyers Defend White Collar Crime Cases: Top Strategies
White collar crimes refer to non-violent, financially motivated crimes committed by businesses and high-status individuals. These crimes are usually investigated by federal agencies and carry severe penalties like hefty fines and long prison sentences. As a result, companies and individuals accused of white collar crimes hire experienced defense attorneys to build their case and avoid convictions. Here are some of the top strategies lawyers use to defend white collar crime cases:
Challenging the Strength of the Evidence
A top priority for defense lawyers is scrutinizing the prosecution’s evidence and identifying any weaknesses. For example, evidence may have been obtained improperly without a warrant or probable cause. The defense can file motions to suppress evidence on constitutional grounds. Lawyers also review documents, emails, financial records, and witness statements for inaccuracies that undermine the prosecution’s version of events. Demonstrating flaws in the evidence creates reasonable doubt about the defendant’s guilt.
Attacking the Credibility of Witnesses
Witness testimony is often crucial in white collar cases. Skilled defense lawyers thoroughly investigate witnesses’ backgrounds to uncover credibility issues that could make a jury skeptical of their claims. For instance, witnesses who cut deals with prosecutors in exchange for testifying may have incentives to embellish facts or lie to secure a conviction. The defense will question witnesses on the stand about their motives and any past acts of dishonesty. Undermining key witnesses this way bolsters the argument that the defendant is innocent.
Focusing on Lack of Criminal Intent
Most white collar offenses require prosecutors to establish that the defendant knowingly and intentionally committed fraud or other criminal acts
. The defense may argue the accused did not realize their conduct crossed legal boundaries or they lacked intent to defraud victims. Showing the defendant simply made mistakes or errors in judgment rather than deliberately breaking the law can defeat charges dependent on corrupt intent.
Highlighting Good Faith
In corporate fraud cases, defense lawyers often claim executives acted in “good faith” based on the information available to them at the time
. They did not purposefully mislead investors or falsify records but made decisions using the same imperfect data as everyone else in the company. While good faith is not an ironclad defense, it makes defendants appear less culpable and provides an alternative explanation for alleged wrongdoing.
Questioning Novel Legal Theories
Prosecutors sometimes pursue novel applications of existing laws in white collar cases. Defense counsel can argue these legal theories are an overreach not justified by precedent. For instance, the defense may claim the defendant’s conduct does not actually fit the elements of the charged offenses if the laws are interpreted properly. Judges have dismissed indictments based on prosecutors applying statutes in questionable new ways
.
Compliance Programs and Internal Controls
Many companies accused of white collar offenses argue they had compliance programs and controls in place that should have prevented misconduct. Although the mere existence of compliance measures does not preclude liability, it shows the company took active steps to follow the law. Demonstrating diligent efforts to train employees and detect wrongdoing helps rebut notions that violations were encouraged or tolerated.
Scapegoating Rogue Employees
In corporate cases, defense lawyers often pin blame on a few “bad apples” acting alone rather than wider wrongdoing sanctioned by management. This strategy distances top executives from criminal activity they supposedly knew nothing about. Although scapegoating lower-level employees does not exonerate the company, it provides an alternative narrative to diffuse responsibility.
An effective tactic is for defendants to cooperate with authorities by providing information about their own or others’ roles in the alleged crime. In exchange, prosecutors may agree to lighter charges or more lenient sentencing recommendations. However, cooperation involves risks since it requires admitting some degree of guilt. Experienced lawyers can advise clients on whether cooperation makes sense or if fighting the charges is preferable.
Negotiating Plea Deals
Rather than risk trial, many white collar defendants opt to plead guilty in return for reduced charges and/or sentencing leniency. Defense counsel negotiates with prosecutors to secure the best possible deal under the circumstances. While pleading guilty avoids an uncertain trial outcome, defendants must weigh the benefits against the consequences of having a conviction on their records.
Sentencing Mitigation
If convicted, experienced defense lawyers advocate for the lowest appropriate sentence. This involves presenting mitigating evidence about the defendant’s otherwise lawful life, positive contributions to society, and low risk of re-offending. The goal is persuading the judge that minimal punishment is sufficient and no further deterrence is needed. Effective sentencing advocacy can substantially reduce prison time and financial penalties.Defending complex white collar cases requires in-depth understanding of federal regulations, sophisticated investigative capabilities, and negotiating skills. Qualified defense counsel adeptly applies these strategies to achieve the best outcome for clients facing serious white collar charges. With skilled legal representation, even individuals and corporations facing seemingly damning evidence can end up with favorable results.
Resources
- White Collar Crime: A Text/Reader – Overview of white collar crime topics
- Association of Certified Fraud Examiners – Leading anti-fraud organization and provider of training resources
- Federal Sentencing for Business Crimes – Video on sentencing guidelines in white collar cases
- Top 10 Ways to Avoid Going to Jail in a White Collar Case – Tips for defendants from a former M&A attorney
- White Collar Crime Prof Blog – Commentary on white collar crime issues by professors
- White Collar Crime News – Reporting on developments in white collar law and major cases
Defending white collar crime cases requires in-depth understanding of the complex legal and evidentiary issues involved. Experienced defense lawyers use strategies like scrutinizing the prosecution’s case, arguing lack of criminal intent, and negotiating favorable plea deals. Effective advocacy by skilled counsel provides the best chance of success even when the government has substantial evidence. With so much at stake, companies and individuals facing white collar charges need attorneys well-versed in applying these defense strategies.