Many cases of criminal fraud become high-profile due to the substantial amounts of money involved or the identity of the victim(s) of the crime. White-collar offenses, such as fraud, frequently involve complex investigations due to the in-depth factual and legal issues that fraud charges can entail. As a result, you can best prepare to face prosecution after an arrest for criminal fraud in Minnesota by understanding how investigations work in high-profile cases.
The Basics of Fraud Charges in Minnesota
A person can face fraud charges in Minnesota if they intentionally deceive another party to obtain a financial or personal gain. Minnesota’s criminal statutes include various fraud offenses, such as:
- Medical assistance (Medicaid) fraud
- Insurance fraud
- Securities fraud (fraudulent statements)
- Filing fraudulent financial statements
- Bank fraud
- Credit card fraud
- Residential mortgage fraud
Criminal fraud can also lead to federal charges. A fraud case can result in federal prosecution when it involves the use of the postal service (mail fraud) or telecommunications services (wire fraud), or when a fraud offense occurs across state lines or national borders.
How Fraud Investigations Begin
Fraud investigations begin when law enforcement agencies receive complaints from victims or when they become aware of other information that raises a reasonable suspicion of a criminal or fraudulent scheme. State and federal law enforcement investigators may begin an investigation into suspected fraud after receiving whistleblower tips, public audits, or referrals from regulatory agencies.
In Minnesota, various state law enforcement agencies, such as the Minnesota Department of Commerce’s Fraud Bureau, may get involved in fraud investigations. At the federal level, fraud investigations may involve various agencies, including the FBI, the Secret Service, the IRS, and the Securities and Exchange Commission.
High-profile fraud cases often lead to multi-agency collaboration, especially when state law enforcement investigators discover that a case spans multiple jurisdictions, resulting in the involvement of law enforcement agencies from those states and federal investigators.
The Investigation Process
The process of investigating a high-profile criminal fraud case involves various stages, including gathering written evidence such as financial records, transaction histories, and paper or digital communications (e.g., emails, text messages, or social media direct messages). Investigators may also interview or compel the deposition of parties such as witnesses, company employees, or corporate executives. In many cases, investigators may also consult forensic accountants to uncover hidden assets or untangle complex financial records that conceal fraudulent activity. Once investigators identify suspects, they may undertake surveillance, including obtaining court authorization for wiretaps or data intercepts.
Legal Proceedings in High-Profile Fraud Cases
In most high-profile fraud cases, state or federal prosecutors collaborate with law enforcement investigators to compile evidence for a criminal case against the suspects. Prosecutors typically present allegations of criminal fraud to grand juries – juries established to determine whether prosecutors have sufficient evidence to establish probable cause to bring felony charges against a suspect.
High-profile fraud cases often involve complex legal proceedings, particularly when the media closely follows a criminal prosecution. Media attention can make it more challenging to seat an impartial jury, as potential jurors may have already become aware of alleged facts about the case.
Defense Considerations
Defense counsel in high-profile criminal fraud cases may have various considerations as they develop a legal strategy to help their client face prosecution, including:
- Avoiding losing in the “court of public opinion,” which can affect jury pools
- Identifying viable defenses under the facts of the case, such as lack of intent, professional advice, or unlawful law enforcement investigation methods
- Mitigating penalties in the event of conviction, including potential restitution obligations
Contact a Criminal Defense Lawyer Today
Becoming a suspect in a high-profile fraud case will require you to hire experienced legal counsel to protect your rights, reputation, and future. Contact Mauzy Law Firm, P.A., today for a confidential consultation with a criminal defense attorney to learn more about what to expect when you face a high-profile fraud investigation in Minnesota.