A Guide To California White Collar Crimes
by
Randy Collins on Dec. 23, 2016
Criminal White Collar Crime General Practice
Summary: Your guide to "white collar crimes".
Defense of all financial crimes in Southern California
The term "white collar crimes" refers to financial crimes that are typically committed in a business environment. The business may be the victim of the crime (for example, the embezzlement of business funds by an employee) or it may be accused of committing the crime (for example, by stealing funds from a customer's account). Some white collar crimes (like the ones you come across on legal news sites) are committed by con artists posing as a business while others (including bribery) involve government officials.
Most white collar crimes result in the theft of someone’s money or property, usually by fraud. They are distinguished from other crimes of theft, including robbery, burglary, and shoplifting, which are not usually committed by people who are in a financial relationship with the victim.
Because the phrase "white collar crime" is broad, it encompasses a variety of criminal acts. In addition, as innovative individuals develop new methods of committing crimes of fraud or deception, California laws continue to evolve to address new forms of criminal conduct. Computer crimes, for example, are among the latest entries to the list of California’s white collar crimes.
The Law Offices of Randy Collins represents individuals charged with white collar crimes in Los Angeles and San Diego, in the courts of Orange and Riverside Counties, and elsewhere in Southern California. If you have been charged with a white collar crime and are in need of a vigorous defense, contact The Law Offices of Randy Collins at (888) 250-2865 or visit our official web page Top White Collar Criminal Defense Lawyers | Orange County, Riverside CA. The sooner you retain counsel, the sooner you can begin to work toward your goal of avoiding the dire consequences of a financial crime conviction.
White Collar Crimes in California
Broad categories of white collar crimes in California include:
Fraud. In general terms, fraud is the theft of money or property from another person by deception. Fraud is a generic crime, but many California laws criminalize specific kinds of fraud, including:- Insurance fraud (including false claims for automobile accidents that never occurred and claims for fabricated or exaggerated injuries or property damage).
- Credit card fraud (usually involving the unauthorized use of someone else's credit card, a crime that sometimes involves identity theft).
- Securities fraud (selling investment opportunities without complying with California’s securities laws).
- Welfare fraud (claiming benefits from the state to which the applicant is not entitled).
- Unemployment insurance fraud (claiming benefits when the applicant is actually working).
- Worker’s compensation fraud (claiming benefits when the applicant is faking or exaggerating an injury).
- Healthcare fraud (filing false claims for reimbursement from Medi-Cal and insurance companies, including claims for unnecessary services and for services that were never rendered).
- Loan fraud (making false statements on a credit application).
- Foreclosure fraud (falsely claiming to help a homeowner avoid foreclosure in exchange for a fee).
- Check fraud (check kiting and other schemes to defraud financial institutions by misusing checks).
- Senior fraud (fraudulent schemes that target the elderly are subject to enhanced penalties under several California laws).
Embezzlement. Using an employment relationship or other position of trust to gain access to and misappropriate funds is a violation of California law. Although most embezzlement charges involve stolen money, any misuse of property to which the embezzler has been entrusted can be charged as a crime.
Predatory lending. California law requires lenders to comply with a variety of consumer protections. Lenders may be charged with crimes when they deliberately disregard those laws in order to take advantage of loan applicants.
Computer crimes. Also known as "cybercrime" or "internet crime," California has enacted a number of laws that address specific acts that are committed or facilitated with the use of computers. They include:
- Phishing (stealing personal information and account numbers via email or the internet).
- Internet fraud (using the internet to engage in a deceptive or fraudulent scheme for the purpose of swindling victims, including selling goods that are never delivered, taking money for services that are never provided, offering nonexistent prizes or benefits in exchange for an upfront fee, and offering nonexistent “work at home” employment in exchange for payment of a registration fee).
- Unauthorized computer access ("hacking" into another person's computer is illegal even if no damage is done, but the penalties are typically more severe when data is misappropriated, when a virus is introduced into someone else's computer, or when data is erased from another person’s computer).
Rent skimming. Collecting rent to which the accused is not entitled or, in some cases, failing to use rent receipts to make mortgage payments.
Counterfeiting. While counterfeiting currency is a violation of federal law, creating any counterfeit document that purports to bear a public seal is a violation of California law. Specific laws criminalize the counterfeiting of California driver’s licenses and ID cards.
Identity theft. Some crimes of fraud described above are committed by assuming the identity of another person. Stealing an identity for an illegal purpose is itself a crime in California that often results in a prosecution for "false personation" in addition to prosecution for the fraudulent act that was committing using the borrowed identity.
Bribery. Offering or paying money to a public official, or a public official’s acceptance of money, in exchange for a public benefit violates California law. Bribery also includes the offer or acceptance of a gift or other property in order to influence a public decision. Specific California laws address different kinds of public officials (including legislators, regulators, and judges) while other laws make it illegal to bribe witnesses or participants in business transactions.
This overview merely scratches the surface of the complex California laws that address financial crimes. The same criminal act may result in a prosecution for several specific crimes. To untangle the web of a white collar crime prosecution, you need an experienced and dedicated criminal defense lawyer.
White Collar Criminal Defense in Southern California
Many defenses are available to white collar criminal charges. Specific defenses depend upon the specific crime that is charged and the facts of the case. It is often possible to create reasonable doubt in a white collar case by pointing out weaknesses in the prosecution’s evidence, by asserting that other people could have committed the crime, or by identifying specific facts required to establish the crime that the prosecution failed to prove.
Innocence is always a defense to a crime, but a strong defense goes beyond a blanket assertion of innocence. Finding the right defense, or combination of defenses, requires the assistance of a skilled criminal defense advocate.
In some cases, guilt is obvious or the accused wants to “come clean.” In those situations, the defense shifts to mitigating the consequences of the charge. Strategies might include negotiating for a deferred prosecution, a reduction of charges, or a lenient punishment.
As a former prosecutor, Randy Collins is well positioned to negotiate a resolution of white collar charges or to mount an aggressive defense in court. With extensive experience in Orange County, Riverside County, Los Angeles, San Diego, and all other Southern California courts, Randy Collins is the "go to" lawyer for individuals who are charged with white collar crimes in Southern California.
For legal advice about your white collar criminal accusation, call The Law Offices of Randy Collins at (888) 250-2865.