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Answer :
The lack of fraudulent intent defense is when a defendant argues no intent to commit a white-collar crime based on the belief in different facts. This argument is centered around either a mistake of law, where reliance on a statute or judicial decision later overturned is necessary, or a mistake of fact that negates the requisite intent for the crime. So, option (c) is correct.
When a defendant argues that they did not intend to commit the white-collar crime under consideration, it is referred to as c) The lack of fraudulent intent defense. This defense is based on the assertion that if the facts as the defendant believes them to be negate the requisite intent for the crime at issue, then the defendant can challenge the accusation of criminal intent. Mistakes can be a mistake of law or a mistake of fact.
The Model Penal Code provides conditions under which ignorance or mistake of fact or law can be a defense, emphasizing that the ignorance or mistake must negate an intent required to establish a material element of the offense.
However, it's important to note that a mistake of fact is more likely to provide a defense than a mistake of law, which cannot be rooted in ignorance of the law or incorrect legal advice. Moreover, mistake of law defenses generally require the defendant to have relied on a statute or judicial decision that is later overturned.
The Model Penal Code outlines specific criteria where a belief about the legality of one's conduct can be used as a defense when the statute or judicial decision defining the offense was not known to the actor and had not been published or otherwise made available prior to the conduct.
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