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How Lawyers Defend Against Fraud Charges in New York City

March 21, 2024 Uncategorized

 

How Lawyers Defend Against Fraud Charges in New York City

Being charged with fraud in New York City can be an incredibly stressful and frightening experience. The penalties for fraud convictions carry heavy fines and potential jail time, so building a strong defense is critical.

Fortunately, experienced NYC defense attorneys have a variety of strategies they can use to fight fraud allegations. Here’s an overview of how lawyers commonly defend against fraud charges in New York City courts.

Challenging the Strength of the Prosecution’s Evidence

One of the most important parts of defending against fraud charges is scrutinizing the prosecution’s evidence and exposing any weaknesses. Skilled NYC fraud defense lawyers will thoroughly examine all the evidence that prosecutors plan to present in court.

If any documents, witness testimony, or other evidence seems flimsy or questionable, the defense attorney will highlight those flaws. For example, if a key witness has credibility issues or a financial record contains inaccuracies, those problems could be used to raise doubts about the prosecution’s case.

Oftentimes, prosecutors will try to admit hearsay evidence or documents that violate the defendant’s constitutional rights. A savvy defense lawyer will file motions to have that improper evidence excluded from trial.

Presenting Counter Evidence and Witness Testimony

In addition to attacking the prosecution’s evidence, defense lawyers will also gather their own evidence to rebut the allegations. They may interview witnesses who can provide favorable testimony on behalf of the defendant.

Additionally, the defense will collect documentation, records, and other tangible evidence to contradict the prosecution’s claims. Financial records, business documents, receipts, emails, and other paper trails can demonstrate the defendant’s innocence.

If the prosecution’s theory of the alleged fraud just doesn’t add up, the defense can present alternative explanations through witness testimony and documentary evidence.

Focusing on the Defendant’s State of Mind

Since most fraud charges require prosecutors to prove the defendant acted intentionally and knowingly, the defense will work to show the accused person did not have the requisite state of mind. Rather than scheming to defraud others, perhaps the defendant made some mistakes or errors in judgment.

Oftentimes, the defense will portray the defendant as a well-intentioned businessperson who became overwhelmed with financial problems. While poor decisions may have been made, the defendant did not intentionally set out to commit fraud.

Defense lawyers may also argue the defendant relied in good faith on the advice of financial advisors, attorneys, or accountants. This can demonstrate the accused person did not willfully violate the law.

Negotiating Plea Deals or Lesser Charges

Rather than taking a case all the way to trial, many fraud defendants end up pleading guilty to lesser charges or reduced sentences. An experienced NYC defense lawyer will engage in plea negotiations with the prosecution to secure the best possible outcome for the accused.

Oftentimes, prosecutors will agree to drop the most serious fraud charges in exchange for guilty pleas on less severe charges like tax violations or regulatory offenses. The defendant may also plead guilty to only one or two counts of fraud rather than facing multiple charges.

In addition to lesser charges, the defense lawyer will bargain for sentencing recommendations, such as probation, restitution, or minimal jail time. Savvy negotiating can result in tremendously better outcomes than losing at trial.

Common Fraud Defenses Used in New York Courts

While defending against fraud allegations depends heavily on the specific facts of each case, lawyers frequently rely on certain legal and procedural defenses. Here are some of the fraud defense strategies used regularly in NY courts:

  • No Intent to Defraud – Argue the defendant did not act intentionally or knowingly to deceive alleged victims.
  • Reliance on Professionals – Claim the defendant in good faith relied on financial/legal advisors.
  • Lack of Criminal Act – Deny the defendant actually committed any criminal acts as alleged.
  • Statute of Limitations – Assert that too much time has passed since the alleged acts occurred.
  • Coercion/Duress – Argue the defendant only committed the acts due to threats or pressure.

Skilled NYC fraud lawyers understand all of these defenses and how to apply them strategically based on the circumstances of each case.

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RAJESH BARUA

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