Norman D. McKellar

THE McKELLAR LAW FIRM, PLLC

 

603 Main Street, Suite 405

Knoxville, TN 37902

 

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Nationwide Representation
If you are contacted by an IRS Criminal Division Agent, you should immediately contact an attorney prior to making contact with the Agent. By speaking with the Agent, you may jeopardize your chances of success, and ultimately you may prove to be your own worst witness.

The McKellar Law Firm, PLLC

603 Main Street Suite 405

Knoxville TN  37902

 What is The Good Faith Defense

The good faith defense is a defense to charges involving fraud since good faith on the part of the person charged is inconsistent with intent to defraud or willfulness which is an essential part of the charges.

 The burden of proof is not on the person to prove his good faith, of course, since he has no burden to prove anything. The Government must establish beyond a reasonable doubt that the person acted with specific intent to defraud as charged.

A person who expresses an opinion honestly held by him, or a belief honestly entertained by him, is not chargeable with fraudulent intent even though his opinion may be erroneous or his belief is mistaken; and, similarly, evidence which establishes only that a person made a mistake in judgment or an error in management, or was careless, does not establish fraudulent intent.

This type of defense has been used successfully in the past however, it is essential that you have chosen a law firm that truly understands the workings of this type of defense. The McKellar Law Firm PLLC  is such a law firm contact us today.