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At the crux of a white-collar criminal case is the issue of intent. A favorable outcome for the criminal defense attorney requires the jury to believe that the defendant did not intend to divert funds or other property. It is no surprise, then, that over the past few years, defense attorneys have been turning to forensic accountants significantly more often in white-collar cases. An experienced and skilled forensic accountant is valuable to the defense team by casting reasonable doubt on the issue of intent and uncovering other evidence in support of innocence or a reduced sentence.
For example, by demonstrating that the defendant was financially well-off at the time of the alleged fraudulent activity, a forensic accountant can provide convincing evidence that there was no need or financial motivation to defraud the employer. A forensic accountant's investigation can also prove that the government's quantification of the fraud was over-stated. If the defendant is convicted, the data and analysis provided can support a defense counsel's argument for a reduced sentence.
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