White collar crimes such as fraud and embezzlement can be highly complex. Due to this, it’s important to find a professional who specializes in these cases. This is where a white collar crime lawyer can make all the difference.
Charges for these crimes can be devastating. Not only can they lead to imprisonment, but they often come with severe financial penalties and reputational damage. Let’s take a look at the role a white collar crime lawyer plays in defending these charges.
Understanding White-Collar Fraud in Canada
Fraud is a non-violent crime which is committed for financial gain. Under Section 380 of the Criminal Code, fraud is defined as when you intentionally deceive another party to cause them a loss.
Fraud can range from a small-scale scam to huge corporate schemes. Due to this, fraud charges are categorized based on their value. Under $5,000, it is considered less severe and a custodial sentence is much less likely.
Fraud over $5,000 is treated much more seriously and can come with harsher consequences, including up to 14 years in prison. Whether large or small fraud, an experienced legal professional is vital to guide you through the process.
Related Article: https://www.agpllp.ca/defending-against-fraud-charges-key-strategies-for-success/
Key Roles of a White-Collar Crime Lawyer in Fraud Cases
The role of white collar crime lawyers extends well beyond making arguments in court. They have many responsibilities during a case.
1. Legal Guidance and Client Support
Being charged with any crime can be an overwhelming experience. An experienced lawyer will be there to provide you with clarity on the legal process. This includes making sure a client understands the charges, outcomes, and available defences.
This role extends to explaining technical jargon, guiding the client on how to conduct themselves, and providing reassurance. For those facing charges, it’s vital to know and be comfortable with the trial and the process.
2. Conducting a Thorough Case Analysis
Fraud cases usually come with extensive documentation. This can include financial statements, contracts, emails, and much more. A white collar crime lawyer will review this evidence and look for any inconsistencies and errors.
This will be done to identify weaknesses in the prosecution’s case. This ability to dissect complex financial records is a skill not every lawyer has. A seasoned fraud lawyer will decipher this evidence for the benefit of their client.
3. Crafting a Strong Defence Strategy
Once the case has been analyzed, the lawyer will then work out the best strategy going forward. Every fraud case requires a bespoke approach as each case is unique. Firstly, the lawyer will see if they can cast doubt on intent, as all fraud cases require an intent to defraud.
Other possible defences include cases of mistaken identity, the accused being under duress, and procedural errors. The lawyer will work to see which of these defences is applicable and ensure reasonable doubt can be cast upon the case.
Related Article: https://www.agpllp.ca/understanding-fraud-charges-common-types-and-legal-defenses/
4. Navigating the Investigation Process
Due to their complexity, fraud investigations can be lengthy. Not only that, but with the search through personal financial records, they can also be invasive. A white collar crime lawyer will ensure that their client’s rights are protected throughout.
This includes ensuring searches or seizures comply with the law, filing motions to exclude improperly obtained evidence, and advising the client how to respond to financial questioning. These are all aspects a lawyer not familiar with fraud cases would struggle with.
5. Negotiating Plea Agreements
There is also the possibility of a plea agreement. If there is strong evidence against the client, this is where a lawyer may negotiate in exchange for a guilty plea. For the client, this can come with some advantages.
A successful plea deal can result in the likes of reduced charges, minimizing penalties, or agreeing the lower restitution. An experienced lawyer will know when or when not to go down the route of negotiating a plea deal.
6. Representation in Court
If the case does go to a trial, then a white collar crime lawyer will advocate on their client’s behalf. This involves presenting evidence and questioning witnesses to start to shed doubt on the prosecution’s case.
Along with this, they will also make persuasive arguments and protect their client’s interests. This requires a deep understanding of financial systems and a skilled lawyer can simplify these complexities and use their knowledge to argue the case.
Why Hiring a Specialist is Crucial
Not all lawyers are able to handle fraud cases. Unless you’re well-versed in fraud, it’s easy to miss key evidence or find it difficult to present arguments. White collar lawyers possess the skills and knowledge required for these specific cases.
Their expertise includes being familiar with financial regulations and business practices. They will also know both federal and provincial laws, and be able to analyze huge volumes of financial data quickly. Simply put, this expertise can be the difference between acquittal and conviction.
Final Thoughts
When it comes to fraud, the work of a white collar crime lawyer goes well beyond just the courtroom. These cases require a huge amount of preparation, analysis and time to create a robust legal strategy.
Without an experienced lawyer, anyone accused of fraud isn’t giving their case the best chance of success. If you need legal assistance, contact AGP LLP today and we’ll be more than happy to take your call and see how we can advocate for you.
