Mitigating Factors in Federal Financial Crime Cases

By Jonathan Rose PA | Federal Criminal Defense

A financial crime is a form of theft that occurs when a person uses money or property in an illicit manner with the intent to benefit from it. In today’s complex economy, financial crimes can take many forms including:

securities fraud

credit card fraud

mortgage fraud

corporate fraud

medical fraud

insurance fraud

scams or confidence tricks

tax evasion

money laundering

production of counterfeit money

embezzlement

market manipulation

Have you recently been accused of committing a financial crime and are concerned about what the charges will mean for you and your future? When a case moves forward to trial, federal sentencing guidelines help judges decide what the sentence will be should a client be found guilty.

You may not be aware of this, but there are mitigating factors that the court takes into account that can lessen a client’s sentence. These are the most common mitigating factors.

Childhood Trauma

Has childhood trauma had long-lasting and devastating repercussions on your life? Has the trauma affected your judgement because you have never been able to bounce back from the pain?

Defense Lawyer Jonathan Rose understands your painful situation. Mr. Rose has helped numerous clients clearly explain in court the pain caused by the childhood trauma and the shattering repercussions it has had on their life. Childhood trauma can be seen as a mitigating factor in financial crime cases.

Character Reference

Acceptance of responsibility is a powerful mitigating factor. By demonstrating to the judge that you regret your actions related to the crime, you are exhibiting strength of character. By demonstrating to the judge that you understand the negative impact you have caused to others, you are displaying a form of good character.

Moreover, presenting a character reference letter to the judge is a helpful mitigation for financial crimes. To be effective, the letter of reference should be from someone who is not a family member and who is fully aware of your crimes.

Mental Health

A healthy mind allows you to evaluate different options and to choose an appropriate course of action. Mental illnesses fog the mind and undermine the ability to critically evaluate a situation.

It is not uncommon for people accused of financial crimes to suffer from bipolar disorder, also known as manic depression. This disorder often affects the ability to correctly discriminate between right and wrong.

An episode of bipolar disorder can include symptoms such as severe depression for many days followed by several days of unrivaled energy and no sense of consequences.

During the manic phase, sufferers can be using their boundless energy to scheme and plot crimes. At that point, they have no sense of consequence and no sense of how their actions can affect other people. Therefore, mental illnesses can be seen as mitigating factors in financial crime cases.

Defense Lawyer Jonathan Rose leverages his expertise to protect his client’s interests. To learn more about the firm’s services in this area of law, please request an initial consultation. Call 407-894-4555, or contact the Orlando office via email at julie@jonathanrosepa.com.

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