Facing fraud charges is a serious matter that can have life-changing consequences.
Fraud involves intentional deception for personal gain or to cause harm to another person or entity. If you or a loved one is accused of fraud, it’s crucial to understand the defenses available to protect your rights and future.
Fraud is the act of making false statements or misrepresentations with the intent to deceive someone, resulting in harm or loss to the victim. Common types of fraud include identity theft, credit card fraud, embezzlement and mail fraud.
These charges can be prosecuted under state or federal law, especially when they involve interstate activities or federal agencies.
Common defenses against fraud charges
When accused of fraud, there are several common legal defenses at your disposal, depending on the specific facts of your case. An experienced attorney can help you determine which defenses apply to your situation.
1. Lack of intent to defraud
Intent is a key element in any fraud case. The prosecution must prove that you knowingly and willfully intended to deceive the victim. If you can demonstrate that you had no intention to defraud — perhaps due to a misunderstanding or an honest mistake — you may have a strong defense.
- Example – Miscalculations in financial statements without knowledge of their inaccuracy.
2. Absence of knowledge
You might not have known that the information you provided was false. If you unknowingly made a false statement or misrepresentation, this defense can negate the element of knowing deceit.
- Example – Relaying incorrect information provided by a third party, believing it to be true.
3. Entrapment
If law enforcement induced you to commit a fraud that you would not have otherwise committed, you may claim entrapment. This defense requires proving that the idea originated with the government and that you were not predisposed to commit the crime.
- Example – An undercover agent persuading you to participate in a fraudulent scheme you initially resisted.
4. Duress or coercion
Being forced to commit fraud under threat of immediate harm can be a valid defense. You must show that you faced imminent danger and had no reasonable opportunity to avoid committing the fraudulent act.
- Example – Committing fraud because someone threatened your family if you refused.
5. Insufficient evidence
The prosecution must prove every element of the fraud charge beyond a reasonable doubt. Challenging the credibility, admissibility or sufficiency of the evidence can lead to dismissal or acquittal.
- Example – Questioning the authenticity of documents or the reliability of witness testimony.
6. Mistaken identity
You may have been wrongly identified as the perpetrator of the fraud. Proving that you were not involved in the fraudulent activities can exonerate you.
- Example – Providing alibi evidence that you were elsewhere when the fraud occurred.
7. No reliance by the victim
One element of fraud is that the victim relied on your false representation. If the victim did not actually rely on your statements, this defense can negate the fraud charge.
- Example – The victim conducted their own investigation and did not act based on your information.
8. Statute of limitations
Fraud charges must be filed within a specific time frame after the alleged offense. If the prosecution brings charges after the statute of limitations has expired, the case can be dismissed.
- Example – Demonstrating that too much time has passed since the alleged fraud occurred.
9. Consent or authorization
If you had permission to engage in the actions that are alleged to be fraudulent, you may have a valid defense. This often applies in financial transactions where you had the authority to make decisions or move funds.
- Example – Showing that you were authorized to transfer funds in your role at a company.
10. Good faith belief
Acting with an honest belief that your statements were true or that your actions were legal can negate fraudulent intent. Demonstrating a good faith effort to comply with the law is a strong defense.
- Example – Consulting with experts or legal counsel to ensure your actions were appropriate.
How an experienced fraud defense attorney can help
Navigating fraud charges requires a deep understanding of complex legal statutes and effective defense strategies. An experienced fraud defense attorney can:
- Evaluate Your Case
- Develop a Defense Strategy
- Protect Your Rights
- Negotiate with Prosecutors
- Represent You in Court
Why Choose Robert M. Helfend
Since 1984, Robert M. Helfend has successfully defended clients facing fraud and other white-collar crime charges in Ventura and throughout Southern California. Recognized by Lead Counsel, SuperLawyers and the National Trial Lawyers Top 100, he brings decades of experience and a commitment to achieving the best possible outcome for his clients.
If you’re facing fraud charges, time is of the essence. Early intervention can significantly impact the outcome of your case. Robert M. Helfend offers a confidential consultation to discuss your situation and outline your legal options.
Call 805-275-5611 today for a free case review.
Published September 13, 2024.