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Undermining Witness Testimony in a White Collar Criminal Defense

White Collar Criminal Defense By Harvey Binnall PLLC - 2019/01/24 at 02:04pm

In the white collar criminal context, success often turns on the introduction of witness testimony that can give either party a significant advantage.  For example, prosecutors may attempt to put a witness on the stand to talk about how they saw you discussing the commission of bank fraud.  This could put you in a difficult position come trial, if the jury were to believe such testimony. Attacking Credibility As a white collar criminal defendant, it’s important that you undermine damaging witness testimony by attacking the credibility of the witness making such statements.  There are a number of ways in which […]

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Obstruction of Justice Can Be Difficult to Prove

White Collar Criminal Defense By Harvey Binnall PLLC - 2019/01/17 at 01:58pm

Contact an Alexandria White Collar Defense Attorney for Help Many white collar defendants are surprised to find that they have been charged with the obstruction of justice.  When attempting to lock down a business organization for criminal violations, prosecutors can be a bit messy and excessive in their approach — they are quick to use a bludgeon rather than a scalpel, so to speak. For example, in investigating supposed violations for insider trading, prosecutors may charge you with obstructing justice for deleting relevant files and email communications, even if your actions were not intended to disguise any malfeasance. At Harvey […]

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Availability of Probation in the Context of White Collar Defense

White Collar Criminal Defense By Harvey Binnall PLLC - 2019/01/10 at 12:44pm

If you’ve been charged with a white collar crime (such as insider trading, bank fraud, or various FCPA violations) then you could be exposed to a range of penalties that include significant jail time. Though of course liability is best avoided, there are some situations in which the evidence clearly points to guilt.  If the prosecution has clearly established your liability, then it’s important not to resign yourself to the worst-possible outcome — with the aid of a skilled criminal defense attorney, your sentence could be reduced and changed to probation so that you can avoid a term of imprisonment […]

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The Offer-Acceptance Paradigm in Contract Formation

Business and Commercial Disputes By Harvey Binnall PLLC - 2018/12/28 at 12:38pm

If you’re engaged in a breach of contract dispute, then there may be a question of validity and enforceability with regard to the underlying contract — you may want to argue that the contract is actually invalid/unenforceable, or that the contract is valid/enforceable. For example, if you are suing a defendant for breaching contract, then the defendant may attempt to argue that they are not liable for breach as the underlying contract was never validly formed. The formation of a valid contract is ultimately dependent on the offer-acceptance paradigm, which is a series of back-and-forth manifestations of intent (relating to […]

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