The prosecution of white-collar crimes is often challenging for law enforcement officials despite using the extensive resources of their positions to facilitate convictions. However, when a government agent uses unfair practices to incriminate you, the charges against you may not stick.
Why are white-collar crimes challenging to prosecute?
Common reasons why white-collar crimes are challenging to detect and convict include:
- Lack of sufficient proof from accusers
- Long discovery periods
- History of disinterest from government authorities
However, white-collar criminal activity is becoming a prime focus among federal and state prosecutors.
What accounts for recent higher conviction rates?
The U.S. Department of Justice is steadily shifting its pursuit of white-collar criminal convictions. However, this focus does not erase the challenges of investigating these crimes. Therefore, prosecutors may rely upon whistleblowers, sting operations and entrapment to achieve more convictions.
Can a sting and entrapment plan impact your defense?
Yes, depending upon how federal prosecutors arrive at their accusations, reducing or eliminating the charges against you is possible. For example, investigators may tape your words and use them to establish their cases due to a lack of physical evidence or challenges obtaining proof of criminal activity.
Tactics involving entrapment may also cross the line and violate your rights. An entrapment defense requires solid proof that coercion and undue pressure are the main impetus leading to your criminal behavior. Unfortunately, proving that a charge involves entrapment is a defendant’s responsibility, including convincing a judge and jury of a lack of interest or motivation to commit the crime without coercion.
White-collar crimes are challenging to prosecute, but convictions can lead to severe penalties without a strong defense.