Intent is an essential element in white-collar crime cases. These crimes typically involve a defendant who allegedly used deceit or concealment to obtain a financial benefit. Often, there is no dispute over the defendant’s actions. Instead, the key question is whether the accused had the requisite intent when they acted. Since the verdict depends on whether the prosecution can prove intent, mounting a strong defense can make or break the case.
Intent looks at the defendant’s state of mind at the time of the alleged illegal action. The defendant must intend to commit a crime. However, in many white-collar crime cases, specific intent must be shown as opposed to general intent.
General intent refers to the intent to perform an act without wishing for a particular result. Specific intent requires both the intent to commit the act and the intent to achieve the result.
Importantly, the level and type of intent varies depending on the crime.
There is rarely direct evidence of intent. Direct evidence would include statements captured in a recording, email, or text message clearly indicating a defendant’s criminal intent. Most people don’t openly indicate they want to commit a crime, so finding such evidence is difficult.
Instead, circumstantial evidence is generally used to establish intent. The prosecution may use a wide array of documents and witness and expert testimony to show the defendant’s state of mind. Written and electronic evidence can include bank statements, expense reports, company balance sheet and general ledger, tax returns, auditor reports, trading logs, phone records, emails, texts, social media posts, internal company policies/guidelines, employee handbooks, and other information. These are used to establish a paper trail indicating the defendant had the requisite intent for conviction.
Prosecutors in white-collar crime cases often rely on voluminous records to build their case. The defense must undertake a difficult and time-consuming process to review the material and look for weaknesses.
Defense attorneys must attack the prosecution’s evidence and counter with their own evidence showing the defendant’s negligence, mistake or error in judgment, or a good faith belief that they acted lawfully.
For example, in a fraud case, the defendant may have thought the information they passed along to a third party was accurate. In an embezzlement case, the defendant may have believed they had the authority to use company funds. A defendant may also have misinterpreted a vague or unsettled law, inadvertently breaking the law.
If you are being investigated or have been arrested, it’s crucial to hire an experienced criminal attorney to advocate for you and protect your rights. Contact our firm to learn how we can provide you with the strong defense you need.