The Law Office of Kevin L. Barnett
Phone: 704-899-5574

Proving criminal intent

Most might assume that proving that a white collar crime was committed would be fairly straightforward; one need only identify scenarios were well-intentioned investors lost a good deal of money due to the promises of the schemer. Yet does the mere fact that you, as one who manages the investments of others in Charlotte, secured investments that ended up losing money mean that you are a criminal? Such is the question that many bring to us here at The Law Office of Kevin L Barnett. Like them, you may be pleased to learn that simply losing your clients' money does not qualify as white collar crime. 

The common assumption that many of those unfamiliar with investments have is that you simply working with securities and commodities guarantees that they will see a positive return on their investments. The truth is that there may be times when investment money is lost due to factors outside of your control. Law enforcement authorities understand this, which is why intent must be linked to any supposed fraud scheme in order for it to be valid. 

Section 949 of the U.S. Attorneys' Criminal Resource Manual shows that an element of criminal intent must be present in order for you to be prosecuted for fraud. Oftentimes, the harm suffered by those believed to be victims of an alleged scheme is deemed sufficient to prove intent. However, Supreme Court rulings shared in the CRM state that prosecutors have to show that you indeed intended to cause actual harm or injury with your actions. Showing that you were operating in good faith (and that the losses suffered by your investors were beyond your control) may exclude you from prosecution. 

You can learn more about answering accusations of fraud by continuing to explore our site. 

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The Law Office of Kevin L. Barnett
130 North McDowell Street Suite C
Charlotte, NC 28204

Phone: 704-899-5574
Fax: 704-334-2095
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