San Diego Criminal Attorney is a criminal defense law firm that serves the areas of San Diego County in California. We are experienced lawyers who have defended clients successfully in California courts. We will offer individual attention to your case if you are facing charges for any white-collar crime.

When it comes to white-collar crimes, early intervention by an experienced lawyer is vital due to the complex nature of these offenses. It is important that you involve an attorney once you know you are under investigation, before formal charges are filed, to enable them to locate favorable witnesses who may even dissuade the prosecuting attorney from filing the charges against you or achieving the best plea bargain.

What are White-Collar Crimes?  

White-collar crimes are any non-violent unlawful acts that involve deceit, concealment, or dishonesty in commercial matters. They are more financial crimes than physical violations and often involve professionals motivated by financial gain. They are given the name ‘white-collar’ because they are mostly carried out by professionals or government employees rather than so-called blue collar workers. 

The punishment for white-collar crimes depends on the extent of the alleged offense and the criminal record of the defendant and includes incarceration, fines, and restitution. Some white-collar crimes are misdemeanors while others are classified as felonies and can be charged in a federal or a state court.

What is Aggravated White-Collar Crime?

The California Penal Code 186.11 PC, also known as the aggravated white-collar crime enhancement law or the Freeze and seize law, mandates a judge to add extra prison terms, fines or both in addition to the sentence imposed on a person convicted for two or more related felonious white-collar crimes in a single proceeding, provided that the white-collar crimes involved; cases of embezzlement or fraud, a pattern of related felony conduct, and provided that the victim lost over $100,000 as a result of the illegal acts.

The amount of money that a victim lost in an aggravated white-collar offense case determines the number of additional prison terms a convicted person gets under this law. In case the victim lost $100,000-$500,000 the court will add 1-2 more years to the original sentence, and if they lost over $500,000, the defendant, if convicted will get 3-5 more years to their sentence to be served consecutively.

This statute also mandates a court to seize the assets of persons sentenced for white-collar crimes to reimburse the victims and also clear any fines imposed for the illegal acts. 

Types of California White-Collar Crimes

  1. Bribery

    Bribery is the attempt to influence fraudulently, a public office bearer in the course of delivering their duties, by means of gifts or money. California’s laws on bribery are extensive and span through numerous laws. There are distinct sections in the Penal Code for each form of bribery, including;

    • commercial bribery
    • bribery involving Legislative officers
    • bribery involving ministerial and public employees
    • bribery involving judicial officers and jurors
    • bribery involving witnesses
    • bribery involving public companies and supervisors

    Bribery laws punish both the one who offers to bribe and the one who takes a bribe, and in most cases, it matters not whether you ever made or accepted the bribe, but rather, what counts is the thought and acting on it.

    Bribery is similar to extortion in that both entail influencing another person to do something, but differ in that bribery uses money as leverage while extortion uses fear.

    How do you Defend Bribery charges in California?  

     To prove a bribery case, the prosecutor has to show the court that you had a specific intent in the crime. You cannot be convicted if they cannot prove you had a corrupt intent, to wrongfully influence an official matter. This can arise in ways like; entrapment, where the defendant did not come up with the criminal idea to bribe, misunderstandings; where you probably did not understand the intentions of a person who offered to bribe, and intoxication; where you could demonstrate to the court that you were too impaired by the effects of alcohol to formulate a corrupt intent.

    What are the Penalties for Bribery?

    The main penalties for bribery in California are incarceration in a state or county facility, fines, and forfeiture of office. Bribing is mostly a felony and carries a prison term of two to four years.

    You may have to pay a restitution fine of between $2000 and $10,000 in case the bribe was not received, or if you received the bribe, at least the bribe amount or $2000 or whichever is higher, or any large amount, not exceeding double the bribe amount or $10,000 or whichever is higher.

  1. Fraud

    Basically, a fraud crime occurs anytime that you carry out an act that leads to underserved or unfair benefit to yourself and/or results in loss or harm to someone else. Fraud offenses are often inspired by two motives; to escape criminal responsibility or to gain financially.

    California has a number of different kinds of fraud laws touching various forms of execution and different institutions.

    Types of California Fraud Crimes

    • California Insurance Fraud-This kind of offense occurs when you try to obtain insurance benefits or payments which you are not eligible for. Examples are; Healthcare insurance fraud, vehicle insurance fraud, unemployment insurance fraud, Medi-cal insurance fraud, welfare fraud, and California workers compensation fraud.
    • California Mortgage and Real estate -This is any fraud that occurs in connection with mortgages on real estate, foreclosures, rental property, deeds to real estate, and specific forms of property flipping.
    • California Financial Fraud-This is the general kind of financial fraud and includes check fraud, securities fraud, and credit card fraud.
    • California Forgery and Identity theft-Forging and identity theft are also considered fraudulent crimes in California but are also punished under California’s forgery laws and California identity theft laws. Fraud crimes that fall under this category include; forging, counterfeiting or possessing a fraudulent public seal, forging or counterfeiting a driver’s license or Identity card, false impersonation, and internet fraud.
    • California Fraudulent acts against elders-These specifically deal with fraud crimes involving persons aged 65 years and above. Such crimes are; California nursing home fraud and California senior fraud.
    • Other fraud Offenses-Other miscellaneous fraud crimes that are often prosecuted in California include; handicapped parking fraud, mail fraud, vehicle registration stickers’ fraud, gambling fraud, and telemarketing fraud.

    How are Fraud Crimes Penalized in California?

    Most of California’s fraud offenses are prosecuted under their own specific codes, but others are punishable under California theft law, California forgery law and/or California’s perjury law. They are mostly wobbler crimes, meaning that they can be punished as misdemeanors or felonies depending on a defendant’s criminal record and the elements of the crime. Additionally, most of these fraud offenses are federal offenses too, and therefore, are punishable by both the state and federal courts leading to increased penalties.

    In case you are convicted of fraud offenses in California, you could be deported even if you are a legal resident in California, and your driver’s license could be revoked or suspended.

    Defense for California Fraud Crimes

    Possible legal defenses for California fraud crimes include; that you didn’t harbor any fraudulent intentions, you are a victim of mistaken identity, or you could cite police entrapment.

  1. Insider Trading

    The California Securities and Exchange Act (SEC) Rule 10(b) (5) prohibits the unlawful acts of insider trading, which is defined as the illegal practice of trading on the stock exchange to one’s own advantage through having access to confidential information.

    To obtain a conviction for insider trading, a prosecutor has to prove beyond any reasonable doubt that; you bought or sold security or stock, you had access to material and confidential information, and that the information you possessed was not yet public.

    Penalties for Insider Trading

    The penalties for insider trading may include criminal prosecution and/or civil sanctions. You may also get fined up to three times the amount you gained as profits or the amount you avoided as loss as a result of the illegal trade. You may get individually fined up to $5 million or up to $25 million as an entity, and/or be subjected to a maximum of 20 years in prison.

    A possible defense for insider trading would be arguing that you lacked criminal intent, or you didn’t act willfully.                                                  

  1. Embezzlement

    California’s embezzlement laws are contained under the Penal Code 503 PC and define the crime of embezzlement as the acts of misappropriation of property belonging to someone else, and which has been entrusted to you. You may face charges for embezzlement even though you had no intention of stealing the said property or keeping it, and had only borrowed it for some time.

    What are the Penalties for Embezzlement in California?

    The California Penal code 503 PC punishes the crime of embezzlement as grand theft or petty theft, given the type and type of property in question. The crime will be a California grand theft if the property is either, worth more than $950, is a vehicle or a firearm. This offense is a California wobbler and can be charged as a misdemeanor leading to up to a year in jail or a felony, leading to up to 3 years in county jail. If the property is worth less than $950, then the crime is a misdemeanor, attracting up to six months in jail.

    Possible Defenses for California Penal Code 503 PC-Embezzlement 

    Some common defenses include; false accusations, lack of criminal intent, or that you acted in good faith, believing that you had rights to the said property.

  1. Money Laundering

    Money laundering is the concealment of the sources of unlawfully obtained money, ordinarily by means of transfers involving financial institutions or legitimate businesses. It is punished under two California codes, Penal Code 186.10 PC which is concerned with money sourced from any kind of crime, and Health and Safety Code 11370.9 HS, which covers money sourced from drug crimes.

    What are the Penalties for Money Laundering in California?

    The crime of money laundering is a wobbler in California, under both HS 11370.9 and PC 186.10. It is charged as either a felony or a misdemeanor, based on the case facts and the criminal history of the defendant. Misdemeanor charges carry a potential penalty of up to one year in jail or a fine not exceeding $1000. Felonious money laundering attracts a fine of up to $250,000, or two times the amount laundered, or whichever is greater, or a jail term ranging from 16 months to 4 years.

    Legal Defenses for Money Laundering 

    Since money laundering is a challenging crime for a prosecuting attorney to prove, one can fight the charges with defenses such as; police entrapment, lack of criminal intent to launder money, or you could contend that the prosecutor’s evidence does not meet the minimum threshold to support a money laundering conviction.

    Federal Laws on Money Laundering

    Money laundering is also a federal offense, meaning that charges may be filed against you in a federal court. The US federal law criminalizes two types of money laundering;

    1. It prohibits the acts of knowingly carrying out a financial undertaking with proceeds from unlawful activities, aiming at either concealing the source of the illegal money or promoting the unlawful activities. This offense carries a 20 years federal prison term, or a $500,000 fine, or two times the laundered amount (or whichever is greater) or both prison time and fines.
    2. It also penalizes anyone who wittingly engages in (or attempts to engage in) a financial undertaking of not less than $10,000 using criminally acquired money. The penalties here are lesser than the latter crime, attracting a fine or up to 10 years in federal prison or both.

    Money laundering is the concealment of the sources of unlawfully obtained money, ordinarily by means of transfers involving financial institutions or legitimate businesses. It is punished under two California codes, Penal Code 186.10 PC which is concerned with money sourced from any kind of crime, and Health and Safety Code 11370.9 HS, which covers money sourced from drug crimes.

    What are the Penalties for Money Laundering in California?

    The crime of money laundering is a wobbler in California, under both HS 11370.9 and PC 186.10. It is charged as either a felony or a misdemeanor, based on the case facts and the criminal history of the defendant. Misdemeanor charges carry a potential penalty of up to one year in jail or a fine not exceeding $1000. Felonious money laundering attracts a fine of up to $250,000, or two times the amount laundered, or whichever is greater, or a jail term ranging from 16 months to 4 years.

    Legal Defenses for Money Laundering 

    Since money laundering is a challenging crime for a prosecuting attorney to prove, one can fight the charges with defenses such as; police entrapment, lack of criminal intent to launder money, or you could contend that the prosecutor’s evidence does not meet the minimum threshold to support a money laundering conviction.

    Federal Laws on Money Laundering

    Money laundering is also a federal offense, meaning that charges may be filed against you in a federal court. The US federal law criminalizes two types of money laundering;

    1. It prohibits the acts of knowingly carrying out a financial undertaking with proceeds from unlawful activities, aiming at either concealing the source of the illegal money or promoting the unlawful activities. This offense carries a 20 years federal prison term, or a $500,000 fine, or two times the laundered amount (or whichever is greater) or both prison time and fines.
    2. It also penalizes anyone who wittingly engages in (or attempts to engage in) a financial undertaking of not less than $10,000 using criminally acquired money. The penalties here are lesser than the latter crime, attracting a fine or up to 10 years in federal prison or both.

  1. Burglary

    According to the California Penal Code 459 PC, the crime of burglary is the illegal entry into a room, house, store, building (residential or commercial), tent, shop, or vessel aiming to commit petty theft or grand theft or any felony.

    The California burglary law identifies two forms of burglary, first-degree burglary which is the burglary of a residence, and second-degree burglary which is a burglary on any other structure type including businesses, stores, or vessels. Thus, first-degree burglary is also known as residential burglary, while second-degree burglary is also called commercial burglary.

    Shoplifting, under the California Penal Code 459.5 PC differs from burglary in that it takes place if you enter an open business, intending to steal goods worth not more than $950.

    California Penalties for Burglary

    California First degree burglary is a felony which attracts a prison term of 2, 4, or 6 years in state prison while second-degree burglary is a wobbler, which is punished either as a felony or a misdemeanor. When punished as a felony, it carries a county jail term of 16 months or 2 to 3 years whereas a misdemeanor second-degree burglary has a potential county jail term of up to one year.

    Legal Defenses for PC 459 Burglary Charges

    A defense attorney could help you articulate the following defenses if you are facing burglary charges in California. They can argue that; yours is a case of mistaken identity, you didn’t intend to carry out any offense when you went into the structure, or that what you took from the structure in question was legitimately yours. 

  1. Perjury

    California perjury laws found under Penal Code 118 PC, identify perjury as the act of deliberately giving untrue information or making a misrepresentation while under oath. Instances of perjury may include knowingly giving fabricated information when testifying in court, or when being deposed, or including falsified information in a signed declaration, signed an affidavit, in a signed certificate, or in a driving license application.

    What is Subornation of Perjury in California?

    This law falls under Penal Code 127 PC subornation of perjury and prohibits you from knowingly persuading or convincing another person to commit perjury. In case they do carry out the perjury, then you and the actual perjurer have committed a crime.

    To prove this in court, the prosecuting attorney must demonstrate that; you persuaded another person to testify falsely, perjury was indeed committed, the perjurer’s statements were material and were knowingly made with the full awareness that they were untrue and that you were aware that the perjurer’s information was untrue.

    What are the Penalties for Perjury in California?

    Under the California code, perjury is a felony that carries a state prison time of up to 4 years. A court judge may, however, decide to use their discretion and grant you probation time, or sentence you to little or no prison time.

    What are the Possible Defenses for Perjury?

    Typical defenses to California Penal Code 118 PC perjury crimes include that the defendant; misunderstood the questions, was not really under oath, lied on an insignificant issue, or that the false information they passed was just a mistake and not an intended lie.

  1. Pyramid Schemes

    A pyramid scheme is an illegal and fraudulent systematic plan where a person is offered an opportunity to invest, ordinarily, in the form of network marketing by promoting or selling products, but in reality, the investment opportunity is a scam to enroll new investors whose stake provides income for the organizes of the scheme. The income for the scheme’s participants comes from new recruits rather than actual retail sales.

    In order to attract investors, the pyramid scheme offers extraordinary returns on investment, and it may continue to work for as long as new members join. It eventually collapses if the existing members decide to quit or cash out or if there are no new investments and hence no earnings, rendering it challenging to recruit new members.  

    Thus, pyramid schemes are characterized by the fact that promoters promise huge returns to new members, and there is really no connection between the product or service on sale and the investment scheme. 

    The California Penal Code 327 PC criminalizes the acts of engaging in pyramid schemes, and a violation of this code is a California felony or misdemeanor, penalized by incarceration in a California county jail for not more than one year, or in a California state prison for 16 months, 2 or 3 years.

    Additionally, running a pyramid scheme may attract federal criminal charges against you, including wire fraud, mail fraud, deceptive trade practices, theft, tax fraud, and business records fraud. Federal courts charge pyramid scheme law violations as felonies.

    Even though the terms pyramid schemes and Ponzi schemes are used interchangeably, they do not refer to the same thing. There are differences in that a Ponzi scheme involves one con person as the head while a pyramid scheme involves a group of people.

    In a Ponzi scheme, the leader asks you to invest your money instead of enrolling new members, and rather than using profits from actual investments to pay investors, they pay using money from new investors, until they run out of recruits and the scheme collapses.

    Apart from federal and state courts, other agencies that prosecute pyramid and Ponzi schemes include the Securities Exchange Commission, the State Attorney General office, US attorney, and the Federal Trade Commission. 

Finding a San Diego Criminal Lawyer Near Me

White-collar crime charges can lead to a stained personal reputation. Moreover, convictions can lead to severe penalties such as huge fines, job losses, and incarceration. The risk of such significant consequences underscores the need to hire a knowledgeable white-collar defense attorney to offer skilled representation across a wide range of these offenses.

Also, as you may have noted from the above sections, every defense to any of the above crimes is fact specific; thus, a diligent investigation of the evidence is needed before settling on the best defense. At the San Diego Criminal Attorney firm, our attorneys have amassed years of experience, and we are in a position to mount a defense that is best suited to the facts of the case. We invite you to contact us at 619-880-5474. We serve those who have been charged in the San Diego area. Call today!

If you are being charged with a crime in Los Angeles I recommend you call this law firm: Los Angeles Criminal Lawyer