The good faith defense is a defense to charges involving fraud because good faith on the part of the person charged is not consistent with intent to defraud or willfulness. Intent or willfulness is an essential part of a fraud charge
The burden of proving good faith is not on the person charged, of course; he has no burden of proving anything. The Government must prove beyond a reasonable doubt that the defendant acted with specific intent to defraud as charged.
A person who expresses an honest opinion or a belief cannot be charged with fraudulent intent even if the opinion was incorrect or the belief mistaken. As such, evidence showing that a person was careless, made an error in management, or made a mistake in judgment is not sufficient to establish fraudulent intent.
This defense has been successful in some cases. It is crucial that you choose a law firm that truly understands how this type of defense works. Call or email us today for a FREE consultation to discuss whether this defense could work for you.