White collar criminal defense: Overcriminalization concerns growing

From 1997 to 2001, a man served as the chief financial officer of a popular anti-virus software company. According to the Washington Legal Foundation, federal prosecutors alleged that during his tenure, the company violated a number of accounting principles. As a result, the man was indicted and convicted of 15 charges related to securities fraud and making false statements to auditors.

He appealed the charges, and the U.S. Court of Appeals for the 9th Circuit reversed the decision. In his opinion, the judge wrote that not only could no jury have found the man guilty based on the evidence, but that the charges were a result of overcriminalization as prosecutors tried to stretch the laws beyond their bounds. Overusing or misusing legislation is a growing problem in Minnesota and throughout the country.

How it happens

In the 1980s, there were roughly 3,000 criminal offenses listed in the U.S. Code. Today, there are more than 4,450, according to The Heritage Foundation. An abundance of laws has created a broad range of so-called criminal behavior that can seemingly turn regular business activity into white collar crime, which can carry lengthy prison sentences and unnecessary fines as well as tarnish someone’s reputation.

There are several ways that overcriminalization can manifest during the law-making process, including the following:

  • State crimes turn into federal matters without care for proper jurisdiction.
  • Mandatory minimum sentences are unnecessarily applied to crimes.
  • Activity may be deemed unlawful without any meaningful definition.
  • Legislators adopt statutes that overlap or are duplicative.

Additionally, legislators may enact statues that are overly vague, which enable prosecutors to get creative when trying a case.

Proving intent

A joint study between The Heritage Foundation and the National Association of Criminal Defense Lawyers found that roughly 60 percent of new offenses related to nonviolent crimes lack the necessary criminal intent requirements. Therefore, someone who engages in an activity without knowing it is illegal is not granted protection under the law. When it comes to white collar offenses, the intent to break the law, or mens rea, is a key element that juries take into consideration. Criminal defense attorneys often point out that clients had an absence of intent, which becomes a moot argument when the laws do not protect clients’ constitutional rights.

In May 2013, the government authorized a task force committee to tackle the overcriminalization problem that not only does a disservice to the accused, but also creates a massive backlog in the judicial system. As a result, The Heritage Foundation reports that enacting new criminal legislation has notably slowed. However, the law continues to be misused and overused. As long as there are unjust laws on the books, people who are accused of a crime may have an uphill battle.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.