St. Petersburg White Collar Criminal Defense Lawyers

Defending Against Fraud & Embezzlement Charges in Florida

White collar crime may appear deceptively innocent to the average corporate employee or executive. It might continue unnoticed for years, and even if it is discovered by the company, identifying all of the individuals involved is an educated guess at best. Disproving their intent to steal from or defraud their employer is even more challenging because in some cases, intent may be established through inference or evidence of a person's knowledge of a plan to embezzle or defraud the employer.

If you have been accused of fraud or another white collar crime in St. Petersburg, the white collar criminal defense attorneys at Fleming Law Group are here to help. Prosecutors perform rigorous investigations into these cases, we protect our clients by investigating just as fervently into evidence that protects their innocence.

Understanding White Collar Fraud and Embezzlement

In general, the term “white collar crime” refers to unlawful acts, the most common of which are fraud and embezzlement committed by corporate executives and other professional workers.

Such cases are typically held in federal court because they affect interstate commerce. In general, the burden is on the government to prove beyond a reasonable doubt that the accused knowingly or intentionally participated in a scheme to defraud another of money or property.

Embezzlement cases may be held in state or federal court. Under Florida law, embezzlement is considered theft, which involves knowingly obtaining or using the property of another with intent to deprive the other person of a right to the property.

Mens Rea: The Critical Component

The crux of a white collar case is the issue of intent or mens rea. In order to avoid a fraud or embezzlement conviction, the criminal defense lawyer must convince the jury that the defendant did not intend to divert funds or other property improperly. Often, this is a difficult hurdle to overcome, particularly where in some cases, intent may be inferred by circumstantial evidence or by evidence of the defendant's knowledge that the acts were unlawful. As such, a forensic accountant is extremely beneficial to the defense in casting reasonable doubt on intent.

Role of the Forensic Accounting Expert

Over the past few years, the use of forensic accountants in white collar cases has increased significantly. Today's accounting experts are challenging traditional methods of proving or disproving intent in white collar cases. Although financial records alone cannot reveal what was in someone's mind, the accountant's inquiry extends far beyond a mere review of financial spreadsheets.

Even if such files have been deleted, a savvy expert will have the tools to recover them as well as search through meta-tags and backup files.

An experienced and skilled forensic accountant is particularly valuable to the defense in casting reasonable doubt on the issue of intent. Even if a defendant is found guilty of a white collar crime, a forensic accountant may still be useful in helping uncover other perpetrators, giving the defense attorney the opportunity to negotiate a reduced sentence in exchange for the defendant's information about co-conspirators.

Combining Accounting With Legal Prowess