The white-collar crime involves nonviolent offenses committed by professionals for financial benefits. The crime may either involve a small amount of money or even millions of dollars. They also carry distinct penalties based on the facts surrounding the crime in question and the defendant's criminal record. Many people facing white-collar crime charges spend much time behind bars. That is why it's recommended you seek legal help from a competent criminal defense attorney. The attorney will help you challenge the prosecutor's evidence and fight the charge.
Our attorneys at California Criminal Lawyer Group are ready to help you. Our attorneys are prepared to help you challenge the prosecution team for a fair case outcome. Thus if you are in Anaheim, CA, contact us, and we will begin working on your case right away.
Bribery entails giving anything of value or money to public officers aiming to corrupt them. You might provide them with bribery to influence the officer's opinion, vote, or action in their official duty. Many bribery cases involve judicial officers, public employees, witnesses, legislative officers, and executive officers.
You commit commercial bribery when you corruptly agree, give or even accept to obtain something worth $250 or above. Both the person receiving and the one giving the property or money will face bribery charges. Under commercial bribery, employees have to remain loyal to their employers. Thus they are restrained from collecting gifts or money from third parties to make any decision behind their employer's back. The offense is a wobble, and its penalties depend on the value of the property in question.
Bribery by Public Corporations and Supervisors
California PC 165 handles bribery received or given by a local government officer. It's a felony to offer a supervisor an item of value to alter their behaviors or actions. The persons covered by this group include county and city trustee members, ordinary council members, and board members. Before you face conviction, the prosecutor must prove you exchanged or promised something of value to the public official. Again, they must prove the received money or property will alter an official act. Lastly, the prosecutor must show the intent of favor for the person who issues the bribe.
Bribery of Legislators
You will face bribery charges when you offer or give something of value to a government legislator for them to favor on an official matter. Also, the law prohibits people from using deceit on a legislative officer to withhold or give their votes. When you face bribery charges under this category, you will also face extortion charges.
Bribery By or of Witnesses
California PC 137 (a) handles bribery received or given to a witness to interfere with court testimony. Again, it's an offense to use threats or force to make a court witness produce a false statement during the case hearing. California PC handles person's who give bribery to a court witness to escape court attendance. So, it's an offense to provide witnesses money to influence their decision to skip a court trial. A conviction for the crime will attract a jail term for up to four years.
Penalties for Bribery
A bribery charge is considered a federal crime when the decision affected by the bribery affected the public. When you face a bribery conviction, you will face any of the following penalties:
- A misdemeanor bribery crime will attract a sentence ranging from two to four years.
- When the bribery is not received, you will face a fine not exceeding $10,000.
- If you received the bribe, the court would require you to pay a fine similar to the received bribe or pay $2,000. When the bribe involves a huge amount, you will pay the penalty similar to the received bribe or $10,000.
- If you're a public official, the law will require you to forfeit your office.
In many cases, bribery is considered a felony. The length of time you remain behind bars is determined by the level of bribery charge you face. Also, the value of the property or money received will determine the crime's severity.
Facing charges for bribery doesn't necessarily mean you will face conviction. It's important to know there are several defenses you may use to fight the charge. With the legal help of a skilled criminal attorney, you may argue you didn't have the aim to engage in the crime; you may also argue it was a false accusation.
All financial frauds Target is gaining underserved or unfair financial benefits. The common financial frauds include check frauds. So, you will face a check fraud conviction when you possess, use, or make a check to defraud the payee. The intent to commit fraud is revealed when you present a check to be genuine. Check fraud cases are different from bad checks laws which involve an attempt to pass a check knowingly; it's fake.
Credit card fraud is another common financial fraud in California. The crime revolves around credit and debit cards or any other account information linked to the cards. You commit credit card fraud when you use another person's credit card without their consent. Also, you may face charges for the crime when you use the credit or debit card, and you know it's invalid or expired. Again, when you sell counterfeit credit and debit cards, you will face credit card fraud.
Another common form of a fraud crime is securities fraud. The fraud is also known as stock or investment fraud. You face securities fraud charges when you encourage investors to make decisions based on false or unreliable information. For example, you face conviction for the crime when you counterfeit or alter a company's financial report to mislead the investors. The common parties who engage in securities fraud are stock traders, accountants, promoters, and traders.
The other forms of fraud crimes include real estate and mortgage fraud. The form of fraud involves intentionally making false representations on real estate transactions. Usually, the forms of mortgage and real estate frauds include rent skimming, phantom help schemes, illegal property flipping, and foreclosure frauds.
Insurance frauds occur in various forms in California. Thus the distinct insurance frauds have different penalties. One of the common insurance frauds is automobile fraud crimes. The crimes involve an attempt to receive money from insurance companies through fraud manners. For example, you may stage an accident that didn't happen. Also, you may exaggerate the value of the automobile insurance claim. Again, reporting your car was stolen to obtain the compensation you don't deserve is insurance fraud.
Another common insurance fraud in California is health insurance fraud. Most players of this fraud crime engage in providing health care insurance, and they include doctors, pharmacists, medical equipment providers, among other hospital workers. An example of health care fraud includes billing or charging for unoffered medical services. The health practitioners may also prescribe certain medicines to obtain kickbacks. Double billing or overbilling is a cool method of health care fraud.
In California, many healthcare insurance frauds go simultaneously with Medi-Cal frauds. Medi-Cal is a health insurance program that helps low-income earning people. Many doctors commit Medi-Cal insurance fraud when they bill the Medi-Cal, yet the patient has not received billed health service.
Another common insurance fraud is unemployment fraud. The fraud involves an attempt to reduce, deny or increase an unemployment insurance gain. For example, you commit a crime when you obtain benefits from various states. Also, you may commit a crime when you falsify your work search effort. Again, if you issue false information concerning your work termination, you will also face criminal charges. Lastly, you may face charges when you provide wrong information about your wages to skip contributing to an unemployment insurance plan.
Workers compensation fraud is another common insurance fraud. The fraud is directed towards states workers' compensation insurance. Nowadays, it's common for people to exaggerate their degree of injury to claim compensation. Also, several people attempt to claim non-work injuries are work-related. Again, you may face the charges when you fail to disclose a prior injury which might be valid when you're making California Workers' compensation.
Another common insurance fraud in California is welfare fraud. Welfare frauds involve obtaining or increasing undeserved welfare benefits. The crime might be internal when a good government employee tries to distribute unlawful welfare benefits from a government entity.
Money laundering involves taking money obtained from unlawful sources and attempting to make the source look legit. Many people in California commit the crime while trying to hide money from illegal sources like gambling. Other familiar unlawful sources of money include bribery, drug sales, and drug trafficking. The crime attracts harsh penalties, including a jail term not exceeding three years. Also, the court may impose a fine not exceeding $250,000.
A white-Collar crime That Involves Elders
In California, various white-collar crimes are revolving around elders. One of those crimes is senior fraud. You might face charges for the crime when you physically, financially, and emotionally abuse a person aged 65 years and above. When the abuse involves finances, it will qualify as senior fraud. The common forms of senior frauds include telemarketing, credit repair schemes, and home repair schemes. Other types of senior fraud include funeral and cemetery senior frauds.
When the elder faces financial abuse at a nursing home, the offense will become a nursing home fraud. For instance, an employee in a nursing home might convince an elder to transfer their money or property. Also, nursing fraud might happen when a nursing home attempts to overbill the elder for the services they receive. Lastly, nursing home fraud may occur when an employee attempts to forge the elder's name on a check.
Embezzlement - California PC 503
The crime is outlined in California PC 503. The offense is distinct from fraud and theft since the property owner gives their property to the defendant, but the defendant misuses it. It's unlawful to take other people's property entrusted to you. Before you face a conversation, the prosecutor must prove the elements of the crime. The elements include:
- Another person must have entrusted their property to you.
- The property owner had trust in you, but you converted the property for your benefit. Also, the prosecutor must show you had the intent to deprive the property of their owners.
Embezzlement crimes are usually in the employment context. For example, the employees are entrusted by their company's credit card but aren't the card for their gains. Federal laws also cover embezzlement.
The crime is considered a grand theft offense when the money involved is above $950 and petty theft when the funds in question are below $950. a petty theft, the crime becomes a misdemeanor and attracts a penalty of jail term in a county jail for up to six months.
When crime is considered a wobble in California. So, you will either face a felony or misdemeanor based on the prosecutor team choice. When a misdemeanor, a crime attracts a maximum penalty of up to a year in county jail. When a felony, team crime attracts a maximum sentence of three years in prison.
You may also fight the charge when you work closely with your criminal defense attorney. The defenses will also depend on the nature of the case. Your attorney may argue you had a reason to believe you were entitled to the property in question. For example, the defendant had a company's credit card and thought they could use the card on purchasing a new computer, but he didn't have the authority to buy the new computer. In this case, the defendant will not face conviction for the crime.
The attorney may also argue you didn't have the intent to deprive the property permanently. Lastly, the defense attorney may argue the police arrested the wrong suspect.
Theft by False Pretenses
Under California laws, it's a crime to defraud other people knowingly to obtain title to their money or property through pretenses. Before you face conviction for pretense, the prosecutor must prove the elements of the crime. For example, the prosecution team must show you received money or property owner through false pretenses knowingly and intentionally. Also, the prosecutor must show you acted to persuade the property owner to own or possess the money or property. Lastly, it must be evident the money or property owner had granted you ownership of the money since they relied on your pretense.
The crime carries heavy penalties depending on whether the criminal court prosecutes the offense as grand theft or petty theft. Again, the crime's severity will depend on whether the court decides the case as either a felony or misdemeanor. When a felony, the crime attracts a jail term between 16months and 3years in California county jails. You also face paying a fine not exceeding $10,000. When a misdemeanor, a crime attracts up to a year jail term. Also, you pay a fine not exceeding $1,000.
If the court charges you with petty theft, you remain behind bars for up to six months and pay a fine of up to $1,000.
Forgery - California PC 470
It's illegal to use unauthorized, altered, or false documents with the intent of defrauding other people. Before you face conviction for the crime, the prosecutor must prove various elements of the crime. The elements include;
- You knowingly signed someone else's full names on a particular document without authority or permission to sign.
- You knew that you didn't have the permission or authority to sign the alleged documents
- When signing the document, you had the purpose of defrauding someone else
Common forgery scenarios include:
- Using a fake name to sign up for a bank.
- Editing another person's will without their consent.
- Filling and signing another person's check without their consent.
- Using a fake public acknowledgment stamp on your documents.
The crime is a wobbler in California. So, you either face felony or misdemeanor charges. Forgery occurs in various forms. Thus you may face charges when you are counterfeiting, possession of fraud seals, or forge. The public seal may involve a seal of a corporation, government entity, or the government. You will also face identity theft charges when you develop or counterfeit a public seal on a detail showing someone else's identity.
You may also face a forgery charge when you forge or counterfeit drivers' identity cards or licenses. The crime involves altering the state issued driver's identity card or license. The law also applies to drivers' identity cards and licenses issued outside the state.
The possible defenses for the forgery case will depend on the nature of the forgery and the facts surrounding the case. Your criminal defense attorney may argue you had the authority to modify a docent or even sign it. Also, the attorney may argue you didn't have the intent to defraud the owner. By doing so, the court will either reduce or drop the charges.
Extortion- PC 518
You commit extortion by using a threat through physical violence or threatening to ruin another person's reputation or disclose a secret unless the person pays you off. The following are the type of threats that qualify to be fear-induced extortion:
- When you harm another person or property
- By disclosing on other person's secret
- By reporting to police officers on other person's immigration status
- Accusing someone of a crime
The elements of extortion include:
- You obtained the property from another person.
- The other person willingly gave up on the property
- The person gave you the property willingly due to the fear or forced used
- You used fear on another person's to make them give up on their property
Extortion is a felony crime. The penalties of the crime include imprisonment for four years in jail.
The defenses you may use in fighting for the charges include you never used threat, or you did not have actual intent for the other person to give up their property.
Identity Theft - California PC 530.5
It's unlawful to obtain another person's identifying information and use the details for illegal purposes. The prosecution team must prove the elements of the crime. The elements are:
- You obtained or acquired someone else identifying information.
- You didn't have the consent of the alleged victim to use their identifying details.
The court may charge the identity theft as either a felony or misdemeanor based on the facts surrounding the case and your criminal record. When a misdemeanor, you will remain behind bars for at least one year in county jail. The court will also impose a fine not exceeding $5,000. When a felony, you will remain behind bars for a period ranging between 16 months, 2yeara and 3years. Also, you will pay a fine not exceeding $10,000.
Identity theft is a federal offense under U.S.C 1028. Thus when you face federal identity theft, you will face state-imposed punishments alongside federal prosecution. The federal law is extensive as compared to states laws. Thus you will face harsher penalties under federal laws. You violated federal laws when you intentionally displayed someone else's identifying card without their consent. Again, you violate federal laws when you steal the identifying documents of another person. Lastly, when you knowingly transfer, produce, possess, or traffic any machine used in processing fake identification documents, you will face charges under federal laws.
The crime of federal identity theft carries severe penalties. The penalties include remaining behind bars for up to 15 years; the federal court may also impose a fine not exceeding $250 000. Sometimes you may pay heavy fines and remain in jail based on the severity of the crime. If you engage in identity theft while committing drug trafficking, the court will consider you to remain behind bars for up to 20 years in federal prison. Also, you will face the same penalties if you commit identity theft while engaging in violence-related crimes. Lastly, when you commit identity theft while carrying out international or domestic violence, you will spend up to 30 years in a federal state.
Contact a Anaheim Criminal Attorney Near Me
As discussed above, white-collar crimes come with severe penalties. A criminal conviction may be a life-changing event in your life. So, it's recommended you hire a criminal defense attorney immediately after your arrest. The attorney will help conduct investigations and build a strong defense on your behalf. At California Criminal Lawyer Group, we have extensive experience in working with numerous clients facing white-collar crimes charges. Thus if the police arrest you in Anaheim, contact us right away at 714-766-0965 for a free immediate response.