White-collar fraud charges bring serious legal risks. Wire, securities, and healthcare fraud can mean steep penalties in South Carolina. But in many cases, those charged with these crimes aren't aware of any wrongdoing on their part.
If you find yourself in this situation, it's important to understand your rights and take immediate action to fight the charges. Having a skilled South Carolina white-collar criminal defense attorney on your side can make a difference in the outcome of your case.
What if there was no intent to commit white-collar fraud?
Prosecutors need solid proof of fraudulent intent. Without it, the case falls apart. Many white-collar fraud accusations stem from errors, not deception. Accounting mistakes or miscommunications often trigger investigations. For example, a misclassified loan payment appears as unreported income, which prompts auditors to flag the company's financials and launch a fraud investigation. A white-collar criminal defense attorney can argue that you acted in good faith and there was no intent to commit fraud.
Can a mistake of fact or law be a defense?
White-collar defendants often claim misunderstanding caused their actions. Misreading data or believing bad information supports a mistake of fact. Mistake of law arises when someone doesn’t know their actions are illegal. For example, a business owner might miscalculate taxes, thinking the figures are accurate. This mistake of fact, without intent to deceive, could lead to dropped charges.
What if I was a victim of entrapment?
Law enforcement sometimes lures people into crimes they wouldn't commit. In white-collar fraud, sting operations often trap individuals into illegal actions. For example, an accountant might unknowingly follow orders in a setup designed by undercover agents. They might commit fraud only because they felt forced by authority. If you're a victim of entrapment, a lawyer can argue that you lacked any intent to commit fraud.
Could the defendant have acted under duress or coercion?
In some cases, someone might act under threats from a powerful figure. A duress defense requires proof of immediate danger and no way out. This strategy rarely appears in white-collar cases but fits situations with coercion from business partners or criminal groups.
Does the prosecution have enough evidence?
The prosecution must prove guilt beyond a reasonable doubt. An experienced white-collar criminal defense attorney can target weak evidence to discredit your charges. Additionally, forensic experts can analyze records to challenge key findings. Weak financial records might convince jurors your fraud charge lacks proof.
What is the statute of limitations for white-collar fraud in South Carolina?
Every fraud charge has a deadline for prosecution. White-collar cases in South Carolina typically have a three-year window. However, if prosecutors miss the statute of limitations, your lawyer could get your decade-old fraud case dropped. A defense lawyer will push to dismiss an expired case, no matter when the fraud allegedly occurred.
Can the defendant shift blame to a corporation or individual?
In some cases, companies blame rogue employees to dodge fraud liability. Accused employees claim they followed company rules and didn’t know the actions were illegal. Both sides shift blame to avoid accountability, leaving responsibility in question. For example, a finance manager accused of fraud argues they followed company-approved procedures. Meanwhile, the company claims the manager acted without permission to protect its reputation.
A defense attorney can argue that you followed company procedures without knowing the actions were illegal. They might present internal policies, emails, or instructions showing the company approved or encouraged the behavior, which would shift the responsibility back to the organization and raise doubt about individual liability.
Start your defense today before it’s too late
If you’re facing white-collar fraud charges, time is not on your side. Even minor delays could hurt your chances of building a strong defense. White-collar crimes can result in years of prison time and steep fines. A conviction can shatter more than just your career. It can make finding work, securing loans, or rebuilding your reputation almost impossible.
South Carolina white-collar criminal defense attorney Matt Bodman knows what’s at stake and treats every case with urgency. His approach starts with preparation and investigation from day one to ensure every detail works to your advantage. Attorney Bodman brings experience as a former Richland County prosecutor and understands how white-collar cases unfold. To get ahead of the charges, contact Attorney Bodman to schedule a consultation today and let him create a tailored legal strategy that works for you.
