White Collar Crimes in the State of California

Los Angeles White Collar Crime Defense Lawyers

Defending Californians who have been charged with White Collar Crimes

A “white collar crime" is a broad label for offenses often involving financial records, deception or a position of trust; it is not one Penal Code charge with a universal no-violence element. They are often committed by professionals who are in a position of trust, such as bankers, lawyers, government officials, politicians, or financial advisors.

White collar crimes encompass such offenses as fraud, forgery, counterfeiting, embezzlement, bribery, computer crimes, and RICO crimes. If you are charged with and convicted of a white collar criminal offense, you may face prison time, fines, home detention, community confinement, or forfeiture. In addition, a court may order you to pay restitution to the crime victim.

The experienced California white collar crime defense lawyers at The Law Offices of David S. Chesley can offer you skilled representation throughout your criminal case and can assert a strong legal defense on your behalf. Call us today to schedule a free case evaluation.

Defining White Collar Crimes

The filed statute controls the elements. Some fraud, forgery and embezzlement charges involve deceit or entrusted property, but California law does not require every offense described as “white collar” to meet one common definition or a universal no-force test. For example, the forgery theories below are in Penal Code section 470.

Fraud Crimes
White collar fraud crimes include real estate and mortgage fraud, insurance fraud, workers’ compensation fraud, and Medicare fraud:

• Real estate and mortgage fraud – Real estate and mortgage fraud may involve many different individuals, from lenders and mortgage brokers to private homeowners. Mortgage fraud includes fraudulent loan modifications and refinancing. A homeowner may commit mortgage fraud if he or she uses false information on a home loan application, in order to obtain the necessary financing.
• Insurance fraud – A person may be charged with insurance fraud if he or she presents a false or inaccurate claim for benefits. Insurance fraud may involve homeowner’s insurance, car insurance, casualty insurance, health insurance, or life insurance.
• Workers’ compensation fraud – Workers' compensation fraud charges usually come about when someone intentionally files a false claim or an employer wrongfully denies employee benefits. Medical providers and pharmacies can also be on the hook if they wrongfully inflate their bills.
• Medicare fraud – Many Medicare fraud cases arise because of fraudulent billing “up-coding” for procedures which a Medicare patient did not, in fact, receive. Many individuals can be accused of Medicare fraud, including doctors, hospitals, and medical product providers.

A fraud conviction can result in fines, jail time, and/or probation. The accused could also be charged with civil fraud and may have to pay restitution to the alleged victim.

If you have been charged with one of these types of fraud, you should contact the experienced California white collar crime lawyers at The Law Offices of David S. Chesley as soon as possible. Our skilled team of lawyers can review your charge with you and immediately set to work defending your legal rights.

Forgery

In addition to the various types of fraud charges under California law, forgery is another type of white collar crime. Under PC 470, the charged forgery theory must match a listed act with intent to defraud, such as:

• You sign someone else’s name to a certain document without that person’s consent.
• You wrongfully sign the name of a fictitious person to a document.
• You make unauthorized changes to a legal contract or other document.
• You falsify a legal document in any way.
• You offer as true a legal document or item, knowing full well that it has been illegally falsified, forged, altered, or counterfeited.

In order for the State of California to demonstrate that a person committed forgery, the prosecutor must show that the person specifically intended to defraud someone else. In many cases, this means that the defrauded person would lose goods, money, services, or something else of value. It might also mean that the fraudulent behavior resulted in damage to a financial, property, or legal right.

A completed financial loss is not always required, but intent alone without the conduct specified in section 470 does not complete a forgery offense.

In California, the prosecutor has the discretion to bring a forgery charge as either a felony or as a misdemeanor. Section 473(a) permits county-jail misdemeanor punishment or felony sentencing under section 1170(h). Section 473(b) requires misdemeanor treatment for specified checks and similar instruments worth no more than $950, subject to its listed prior-conviction and identity-theft exceptions. The amount alone does not make every other forgery a felony; fines and restitution depend on the actual judgment. In any case, the accused may have to pay restitution to the alleged victim.

The experienced white collar crime defense lawyers at The Law Offices of David S. Chesley may be able to help you obtain a favorable plea deal with the prosecutor or a reduction in your criminal charge.

Counterfeiting

Some forged or counterfeit writings are addressed by PC 470. That provision addresses specified writings and instruments, not every product alleged to be counterfeit. Goods, currency and other conduct may involve different statutes. The actual item, charged section, required conduct and intent must be checked before assessing a defense.

There is no single felony penalty for everything called counterfeiting. The charge, item, value where relevant, and any separately charged prior or enhancement determine possible custody and fines. A general history of financial offenses does not automatically add two to five years.

Embezzlement

Under PC 503, embezzlement occurs when someone (usually an employee) takes property entrusted to him or her (usually by an employer) and fraudulently misappropriates it. In order to receive a conviction for embezzlement, the accused must have intended to deprive the true owner of his or her property and must fraudulently convert the property.

In the State of California, a prosecutor can bring embezzlement charges as a misdemeanor or as a felony. The value and the embezzlement theory must be proved. Section 490.2 generally treats theft of property worth no more than $950 as petty theft, subject to its exceptions; a higher value can support a different theft grade, but the complaint and evidence control.

Misdemeanor grand theft can result in a maximum of one year in jail and a $1,000 maximum fine, while felony grand theft generally carries a 16-month, two-year or three-year base term under section 1170(h), subject to the applicable county-custody rules or an exception, and any authorized fine is case-specific. Misdemeanor petty theft can result in a maximum of six months’ incarceration, as well as a $1,000 maximum fine.

Call a California White Collar Crimes Lawyer Today

If you have been charged with a white collar crime in California, you may have several defenses available to you. For example, you may be able to defend on the grounds of mistaken identity – or you may be able to allege that the police engaged in unlawful duress or entrapment.

A financial or document-related charge can carry serious consequences; the actual statute and facts, rather than the “white-collar” label, determine its elements and exposure. At the Law Offices of David S. Chesley, our experienced criminal defense attorneys are ready to assist you with defending your case. Not only can our attorneys represent you in court, but they can also work with the California prosecutor assigned to your case in order to obtain a favorable plea deal.

To schedule a free consultation and case evaluation with our California white collar crime lawyers, please call us today at 1-800-755-5174, or contact us online.