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Mens Rea and Actus Reus in White-Collar Crime

Learn about the unique issues involving mens rea and actus reus in white-collar crime.

Transcript

Basic criminal-law principles also apply to white-collar crimes. Generally, the government must prove that the defendant had the required mental state, or mens rea. And the government must also show that the defendant committed the requisite criminal act, or actus reus. However, these elements tend to be more complicated in white-collar cases.

I.  Mens Rea

Federal statutes provide for more than 100 different types of mens rea, and none has a singular, consistent definition. Some statutes...