When criminal lawyers prepare a defense for a Ponzi scheme case, most often they are defending the client against allegations of fraud, as that is the most common charge. Ponzi scheme cases usually also involve other co-occurring charges. It is vital for a lawyer to have experience in the defense of all charges and Ponzi schemes.
LAWYERS NOTE PONZI SCHEMES COMMONLY INVOLVE ONE OR MORE ALLEGATIONS:
- Tax Evasion
- Mail Fraud
- Wire Fraud
- Money Laundering
- Securities Fraud
Lawyers point out that not all alleged Ponzi cases are alike and each must be evaluated on its unique characteristics. Criminal lawyers must all consider the local laws if the case occurs in a state court, as the courts and judges differ in the handling of Ponzi cases, which may be influenced by past court rulings in that area. Though, Ponzi scheme accusations are commonly processed in federal court which requires experience in federal courts.
Lawyers may need to not only defend allegations of operating a Ponzi scheme in criminal court but also against a civil lawsuit. A civil lawsuit may be pursued by the government and/or investors. A defense of Ponzi scheme must take into account the implications and outcome that interrelated cases have on each other.
BEST DEFENSE OF A PONZI INVOLVES DISPROVING FRAUDULENT INTENT
Factors considered heavily by the courts;
- A legitimate business operation connected to the investment program
- The size of the business operation in comparison to the amount of investments
- The promise of return on investments
- The time period in which debt was incurred by the debtor
In building a strong defense, criminal lawyers may choose to engage in fact development that paints a positive picture taking account all possible factors mentioned above. Criminal lawyers can more easily build a strong defense in Ponzi cases that rely upon circumstantial evidence. A plea agreement in which the defendant pleaded guilty in a criminal case can be used to establish fraudulent intent in a civil lawsuit. Thus it is vital for a defendant to get the best defense by top lawyers in a criminal Ponzi case. However, lawyers may also argue the amount of liability as well as the absence of fraudulent intent in a civil case.
A good defense for an accusation of operating a Ponzi scheme usually involves criminal lawyers proving absence of negligence, absence of recklessness, and absence on intent. Lawyers must show the client had no intent to manipulate, deceive, or defraud investors. If the client worked with business partners or employees, lawyers may seek to establish that key decisions were made by others. However, some courts do not accept this defense.
Top criminal lawyers work with a team of attorneys and experts in investigations, finding and questioning witnesses, and pooling their brain power in building a winning defense. It takes great skill to build a case outside of the courtroom and also during a trial, where they eyes of the jury and judge examine every move and word. Lawyers from LibertyBell Law Group are recognized for their skill in trials and received the nationally recognized and prestigious “Top 100 Trial Lawyers.” LibertyBell Law Group has also received a superb lawyer rating of 10 in Avvo, which is a perfect score.
If you are being investigated or accused of operating a Ponzi scheme it is imperative you receive counsel by a top lawyer immediately. The earlier a lawyer can intervene in your case, the better. Speak to a lawyer now and call 855-LAW-PRO1 (855-529-7761).