State and federal prosecutors receive criminal defendant referrals from all types of people. Banks, accountants, lawyers, judgment announcements, angry clients, media editors, bankruptcy filings, and just plain old bird-dogging.
Civil litigation often brings plenty of media attention and court filings that are easy and cheap to scour. When we work for CEOs of F500 public companies, a truly global approach to a viable white collar fraud defense is often the difference between winning and losing.
The privately held entrepreneur who finds himself in hot water should command the same degree of experts and expertise – always led by a team captain, Q|Nav, LLC.
With all white collar fraud type defense strategies, the key is early strategic planning that incorporates lawyers, experts, public relations, statutory precision, prosecutorial cooperation, and most importantly, the construction of barriers to the word – the essence of intent.
We cannot overstress the absolute necessity of timing;- accelerated timing to try and nip the most serious possible charges hard and fast. Money talks. If creditors or clients are owed funds that have been allegedly mismanaged or comingled, or worse, then the very most important step is to literally partner with the creditor or client committee and try to get on their side of the table. Of course, when public or charitable funds are in question, regulators and prosecutors are the primary audiences.
Intent. Mens rea. State of mind. Specific intent. General intent. Lots of words – what do they mean? Absolutely everything. Prosecutors are incredibly brilliant and far more experienced than you or your chief lawyer will ever be in the fine art of convincing a judge or jury that you masterminded some type of fraud or deceit. In plea negotiations, intent to defraud, deceive or steal is always the 800–pound elephant in the room. Either the criminal defendant wins this battle or the war is sure to be lost – whether global deal, plea negotiation, or trial proceeding.
Prosecutors rarely lose white-collar trials when the matters of funds recovery and intent are left unsettled. The Q|Nav captain of your team is the difference. Early discovery and advocacy of the matter of criminal intent, preferably coupled with truthful funds accounting and meaningful recovery will prove valuable in all negotiations.
Reality: Moving on, let’s say that the advance team does the best it can, yet the prosecutors insist on an unreasonable plea deal or proceed to trial. Now it’s all about charging. When charges are calculated by the prosecution, it’s the job of your chief lawyer and defense team (Q|Nav) to go to work on another level; another plane of responsibility.
Simply stated, in the event of a stipulated plea or a partial loss at trial, ultimate sentencing ranges are a direct function of the specific statutes that have been applied against you. Everyone screams sentencing reform, but this is a mischaracterization – a real misnomer. Sentences are a blunt result, a mathematical symptom of the statutory charges, whether state, federal, or both. Forget what you want, but never minimize – never forget this axiomatic equation. Charging is where the games begin. Charging is where your team must win. When charges are bound over to the trial court, a Fourth Amendment probable cause event occurs. Once this happens, once your legal team has exhausted your statutory charging minimization wrangling, it’s over… or perhaps not. If you win at trial, the charges don’t matter. If a plea is agreed to, it’s almost always best to stipulate the actual sentencing range at worst and the finite sentence at best. We can’t tell you how many clients complain that they didn’t know what the actual sentence could be, and eventually would be handed down.
Review: Money, timing, intent, statutory charging. What’s the global objective? Always move heaven and earth to reverse the criminal inquisition to civil claims, or even better, private deal-making where the prosecution can satisfy the alleged victims’ suffering.
As with most of life’s biggest trials and tribulations, anything is possible if your team is centered on relentless leadership. Criminal defense lawyers alone rarely possess the grassroots experience – the passionate can do and will do to fight for you and win. Experts with hands-on real-life experience – experts who understand and appreciate the intentionally vague charging statutes that encompass virtually all white-collar related crimes are the essential ingredient for your success.
Q|Nav and its founder, Will Hoover, stand ready to serve you, your legal team, your family, and sometimes even those who accuse you. We are equipped and prepared to lead courageously for your success in the best possible light.