Monday, July 15, 2013

Criminal Lawyers on Fraud Defense

LibertyBell Law Group Criminal lawyers deal with bank, mail, and wire fraud the most. In building a defense, criminal lawyers often use the same underlying theory. The most common defense for fraud criminal lawyers use is the client acted in good faith. Criminal lawyers use the good faith defense to show an absolute absence of fraud to prove the client's innocence.

Using the good faith defense for bank, wire, and mail fraud by criminal lawyers has been treated differently by the courts in the way they give jury instructions. LibertyBell Law Group's criminal lawyers know the unique characteristics of the courts and their differing opinions. They know that in some courts they must prove good faith beyond a reasonable doubt. They also know that in some other courts they must prove that not only did the client honestly believe the investment would be successful, but also that the client did not intentionally misrepresent earnings or the customer base.

This leads us to another fraud defense used by criminal lawyers, which is criminal intention was not owned by the client but rather by a third party, business partner or employee who is also a decision maker. Criminal lawyers most often term this as the "innocent decision maker", though some courts do not accept this defense for fraud.

A good fraud defense involves criminal lawyers proving an absence of intent to defraud, absence of negligence, and absence of recklessness. The prosecuting attorneys must prove actual knowledge of fraud being committed. LibertyBell Law Group criminal lawyers show that the mental state of the client had no intent to deceive, manipulate or defraud.

It takes great skill and expertise to find and use evidence in each particular fraud case supporting a winning defense. The theory is not in itself of much surprise or importance as the actual evidence and arguments made by criminal lawyers in defense against fraud. In fact, most criminal lawyers use the same defenses, but the way in which they conduct investigations, present evidence and arguments, and interrogate witnesses among other tactics can vary significantly depending on their own individual abilities and resources.

Top criminal lawyers have a wealth of resources and work on a team of attorneys and experts and together they dissect and piece together a winning fraud defense. The best criminal lawyers, like those from LibertyBell Law Group, are known for the winning case results and are well respected by judges, clients, and other attorneys.

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