Being accused of fraud can ruin your entire life. Even if you are charged with fraud but not convicted, you may face stigma and damage to your professional reputation.
Fraud is a white-collar crime. White-collar crimes differ from “street crimes” because they do not involve physical violence but are generally business or financial crimes.
What happens before you are charged
There are numerous types of fraud that can occur in many different industries, including the banking, financial and healthcare industries.
If you are a professional working in these industries, you will likely be contacted by an agency, such as the Bureau of Fraud Investigation, and asked to answer questions. This does not mean you are being charged, but if you are ultimately charged, you should know how to defend yourself.
Duress
Three common defenses to fraud charges are duress, entrapment and lack of intent. Many people are coerced into participating in fraud schemes by threats to their safety or the safety of their families and loved ones.
You must prove that you faced immediate harm if you did not comply with the demand to engage in fraud. If you do, you may have a valid duress defense.
Entrapment
Entrapment is another legitimate defense against a fraud charge, although it can be more challenging to prove. To prove entrapment, you must show that a government official tricked you into committing fraud.
A key point of an entrapment defense is you must show that you would not have committed the crime on your own without the urging of the governmental official.
Lack of intent
Most fraud crimes require intent. This means that you must have intended to commit the fraud, and the fraud was not the result of a mistake, accident or incompetence.
No one is expected to be perfect, and mistakes do happen. The penalties for a fraud charge are serious and can include hefty fines, loss of a professional license and even prison time.
It is crucial to aggressively against defend fraud charges. An attorney with experience with white-collar crimes can help you mount a strong defense.