Articles Posted in White Collar Crimes

When a person is accused of white collar crimes, the burden of proof is placed on law enforcement and the prosecution. This means that the accused individual is considered innocent of criminal wrongdoing unless prosecutors can provide enough evidence to demonstrate a person is guilty beyond a reasonable doubt.

Part of the prosecution’s burden is to demonstrate criminal intent. In the case of fraud charges, for example, it would be necessary to show that the defendant was knowingly and willfully dishonest with his or her conduct for a conviction to occur.

Not long ago, a Georgia state senator, Don Balfour, was acquitted of 18 felony counts based on allegations of fraud. Law enforcement said that Balfour knowingly took money from the state by falsifying expense reports related to his work as senator. Additionally, he was accused of billing both the state and another employer for the same expenses.

Reality television stars involved in white collar crimes? Reality television has developed a reputation for not being entirely authentic, based on the idea that many of the shows are actually scripted. Regardless of whether or not this perception is true, two reality TV stars are currently dealing with a very real problem: Teresa and Joe Giudice have been charged by federal authorities for several counts of fraud. The “Real Housewives of New Jersey” cast members pled not guilty to all of the charges. Pleading not guilty at arraignment is very normal.  What will happen next is the question.  

Reports from federal court specify that the Giudices were both charged with the white collar crimes of one count of bank fraud and loan application fraud. The charges stem from the accusation that the couple inaccurately reported their monthly income when they were applying for a loan.

Unfortunately, these fraud charges are the latest in a string of legal troubles facing the celebrity couple. In fact, they couple pled not guilty in another criminal case for providing false income and tax information. Additionally, Joe Giudice has been accused of filing false tax returns. The hope is that these legal challenges will not create an unfair bias in the most recent case.

When a person is brought to court on criminal charges, the burden of proof is on the prosecution. In order to reach a conviction, prosecutors must demonstrate a defendant’s guilt beyond a reasonable doubt. Put simply, a person is considered innocent until proven otherwise.

Of course, law enforcement official may push criminal charges and launch an aggressive prosecution, even when there isn’t sufficient evidence. Why would such a serious effort be made in this scenario? This is the exact question some people are likely asking after a Georgia sheriff was cleared of several fraud charges.

According to reports, the sheriff of Clayton County was originally charged with 27 felony counts related to abusing the power of his office. Even before the trial began, the court dropped two of the criminal counts, yet the remaining charges were still quite steep. In the end, the man was absolved of all the charges, as the jury found him not guilty of racketeering, theft, making false statements and other felonies.