Federal financial fraud charges typically require proof that a person acted knowingly and with the purpose to deceive or mislead someone else for financial gain. Understanding how prosecutors establish intent and how intent can affect both the charge and the sentence is the first step to preparing a strong defense against criminal fraud charges.
If you or someone you know is facing criminal fraud charges, working with a Dallas federal fraud defense lawyer from Broden & Mickelsen, LLP gives you access to experienced trial attorneys who know how to challenge the government’s case at every stage. Contact us today to begin building your defense.
Understanding Intent in Criminal Fraud Charges
Fraud typically involves a scheme to obtain money, property, or services through the use of false or misleading statements or promises. To convict someone, the government must prove that there was a false statement or action, and that the accused acted knowingly with the intent to defraud.
Specific intent goes beyond mere mistakes or misunderstandings. Prosecutors must show that you acted with the purpose of deceiving another party to gain a financial benefit or cause harm. This distinction is key. Conduct that might appear suspicious on the surface can still lack the deliberate intent necessary for a conviction.
Defending against federal fraud charges often revolves around demonstrating that the government has not satisfied the intent requirement. For example, potential defenses may include:
- Questioning whether the defendant’s alleged actions are truly intentional deception
- Highlighting misunderstandings, errors, or poor judgment that do not rise to the level of fraud
- Presenting evidence or expert testimony to show the absence of deliberate intent
The Impact of Intent on Sentencing in Federal Fraud Cases
If you’re convicted of fraud, intent is a key aspect in sentencing. The federal sentencing guidelines aren’t mandatory, but they strongly influence how judges determine penalties in financial fraud cases. Under these guidelines, factors like the amount of financial loss, how many victims there were, and how sophisticated the scheme was all affect sentencing.
However, the impact of intent on sentencing in federal fraud cases is also essential. For example, showing that you didn’t deliberately intend to cause financial harm can result in reduced sentencing. In some cases, proving that mistakes or negligence led to the alleged conduct can make the difference between years in federal prison and a far lesser penalty.
Defending Against Federal Fraud Charges Involving Alleged Intent
Defending against federal fraud charges often hinges on proving that you didn’t have the required intent for a conviction. Prosecutors may rely on many kinds of evidence, including:
- Emails
- Phone calls
- Business records
- Financial transactions
- Witness testimony
A strong defense challenges the reliability and context of the evidence. While each case is different, your attorney may do the following:
- Argue that your actions reflect poor judgment, miscommunication, or reliance on bad information rather than deliberate deception
- Show that your lawful business practices were mischaracterized as fraudulent
- Use expert witnesses, forensic accountants, or industry specialists to clarify complex transactions
Raising doubt about intent challenges the government’s case—and can even improve the outcome during plea negotiations or sentencing. Demonstrating that the prosecution can’t prove your intent may give you and your attorney strong leverage.
Why Choose Broden & Mickelsen, LLP for Your Federal Fraud Case
Broden & Mickelsen, LLP offers criminal defense from board-certified specialists in criminal law and criminal appellate law by the Texas Board of Legal Specialization. We have more than 60 years of combined experience defending clients in complex federal fraud matters. Contact us today to discuss your case during a free consultation and find out how we can help.
