When one has been charged with committing a white collar crime, it is the prosecutor’s job to prove every element of the case and rebut the defenses the accused puts forth. This also means it is their duty to ensure that the statute of limitations has not run on the case.
All non-capital cases in Ohio have a time limit within which the charges must be filed. After that time has elapsed, a person cannot be charged for doing a certain act. These limits exist so that potential defendants don’t have to worry about the threat of charges indefinitely and that evidence and eyewitness testimony can remain infallible. The statute of limitations depends on the type of charges one is facing and if a combination of crimes were committed, the time might be extended.
Securities fraud is an example of a federal crime and federal law applies in this instance. As per the U.S. Code, when a securities fraud offense or attempt takes place, the statute of limitations is six years from the commission of the offense. This means that no person can be tried, prosecuted or punished for this offense after the time limit has run out.
White collar criminal charges should be taken seriously and fought aggressively. One way to challenge charges is by looking at the statute of limitations and figuring out if the clock has not run out. There are also other ways to ensure one does not get punished for something wrongfully and an experienced attorney can provide the necessary guidance to ensure that does not happen.
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