The Elements of a White Collar Crime

White collar crime refers to those criminal offenses that use some form of deception to produce financial gain. These crimes are often committed by business professionals and government employees since they are able to gain access to large amounts of other people’s money. They are typically victimless and do not involve violence, drugs, or overtly illegal activities.

Most white collar crimes are investigated and prosecuted by federal authorities such as the U.S. District Attorney’s offices, which have significant resources available to pursue suspects. In addition, corporations hire internal investigators, attorneys, or employ the SEC to conduct an investigation into suspected criminal activity.

In order to prove that a white collar crime was committed, the prosecution must prove the following four elements of a white collar crime:

  1. Intent – The defendant must intentionally commit an unlawful, wrongful act.
  2. Disguise and concealment – The defendant hides or conceals their criminal activity.
  3. Knowledge – The defendant must have known that they committed the crime.
  4. Reliance – The plaintiff or victim relied on the defendant’s fraudulent act or scheme.

What makes white collar crimes unique in comparison to other crimes is that suspects will often become aware of the investigation days, weeks or even months before an arrest is made. Although this can make suspects fearful and apprehensive about the future, it also offers an opportunity to prepare to strong defense to protect their rights, reputation, and freedom with the help of a skilled criminal defense attorney.

At Brad Bailey Law, our Boston white collar crime lawyer can evaluate your case and determine your available legal options to either get your entire case dismissed or your charges reduced. With so much at stake, you need experienced legal representation to guide you through the complexities of the criminal justice system and help you get the best results.

For more information about our legal services, contact us and schedule a confidential consultation. Get more than 35 years of legal experience on your side today!


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