What is the intent element of a white collar crime?

The intent element of a white collar crime is the underlying mental state of the person who commits the crime. This mental state must be established to prove that a crime occurred. In New Mexico, a person can be found guilty of a white collar crime if they intentionally, knowingly, or recklessly acted with the purpose of defrauding another person for personal or financial gain. Intent can be difficult to prove in a white collar crime case because the criminal often does not express their intentions in words. However, prosecutors can use circumstantial evidence to prove that the accused had an underlying mental state of intent. Evidence such as financial records and emails containing requests for money can be used to show that the accused had the intention of defrauding the victim in the first place. Another way to prove intent is for prosecutors to show that the accused had knowledge of criminal activity, such as money laundering or tax evasion. The accused must have had the intent to carry out the criminal activity and must have known that it was wrong. In this case, the evidence showing knowledge of the criminal activity is sufficient to prove intent. In New Mexico, the prosecution must prove that the accused willfully or knowingly acted with the intent to defraud another. Without the intent element, a white collar crime cannot be proven beyond a reasonable doubt.

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