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Articles Tagged with corporate fraud

While The Donald himself is not facing charges related to what authorities call an “audacious” tax fraud scheme, his company and his Chief Financial Officer are facing accusations that they failed to report over $1.7 million in earnings. It is unclear whether or not Trump will be charged, but investigators noted that he signed some of the questionable checks. Nonetheless, that comes short of proving fraud, which requires the prosecution to prove that the defendant knowingly deceived the federal government by hiding income streams. It is much more likely that the company’s CFO will take the fall for this.

As part of the scheme, the CFO paid himself and other executives off the books by utilizing lucrative fringe benefits, hence reducing their payroll taxes. Meanwhile, Trump is employing his usual strategy of demonizing the investigation as a “witch hunt” perpetrated by “radical democrats.”

Is This a Witch Hunt?

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The city of Chicago actively pursues those it believes to be guilty of corporate fraud. It is an offense that has the potential to affect many citizens as well as provoking the interest of federal agents. The complexity of such cases means that the use of a suitably qualified defense attorney is important to any defendant. The multiplicity of victims and perpetrators can make it difficult to decipher a single line of defense. For example, the whistleblowers may also become potential victims. The case management also incorporates a lot of research, particularly of a technical nature. The law as it stands calls for a high level of specificity before the charge can stick. That means identifying not only the defendant but also the modus operandi.

Intent is an important indicator of guilt, and its absence can make a case collapse. That is why the defense attorney will often try to portray his or her client as being well-meaning but rather incompetent. By contrast, the prosecutor will often seek to portray the defendant as being calculating, cunning, and sophisticated. Needless to say, the level of sophistication is critical in determining the severity of the punishment at conviction. The courts will consider the victim impact statements, which might be diverse depending on who was affected by the alleged crime.

Applying the Complex Strictures of the Law

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