Before a criminal defendant can be convicted of a Fraud Scheme or other white collar crime, the prosecutor is required to prove beyond a reasonable doubt that the defendant committed the crime either intentionally or knowingly; not by accident or negligently. In some cases, this Mens Rea or “mental state” requirement cannot be proven by the prosecutor. This can provide a viable defense for the person accused of a fraud scheme or white collar crime. It could be possible that an accused person didn’t know they were actually defrauding someone. In such a case, there is no crime.
Additionally, the crime of Fraud Schemes requires that the accused actually obtains some benefit. As such, to defend against a Fraud Scheme, the criminal defense attorney will seek to investigate whether the accused actually obtained some benefit. If not, there is no Fraud Scheme.