White-collar crime refers to a group of offenses primarily dealing with monetary gain. While the term originally referred to business professionals and government officials, we see a range of clients being investigated and charged with white-collar crimes today. From the McDonald’s worker being accused of taking money from the register, to the stockbroker being accused of insider trading, no one is exempt from a white-collar crime conviction.

In California, white-collar crimes include bribery, burglary, credit card fraud, embezzlement, extortion, forgery, identity theft, and several types of fraud. As the internet has become so intertwined with the way we do business, there are a growing number of people being accused of internet and identity fraud. While there are some similarities in the defenses and type of representation necessary to be successful against such charges, defending against white-collar crime is somewhat different than other types of crime. While one may inherently think that white-collar crime is not prosecuted as harshly as violent crime, it is important to understand that white-collar crimes are often severely punished. White-collar crimes are rarely victimless, and those filed as felonies can bring serious jail time and restitution costs.

Credit Card Fraud (More Fraud Crimes)
Credit card fraud occurs when an unauthorized user uses someone else’s credit card with knowledge that they do not have consent to use it. Other types of credit card fraud include using a fake card to receive money, goods, or services. The prosecutor will typically file charges under one of three California penal codes: forgery, grand theft, or petty theft. Depending on the egregiousness, credit card fraud may be filed as a misdemeanor or a felony.

The suspect can be charged up to seven years after the crime is committed, which is a long statute of limitations. In addition, that number can be tolled or suspended in cases of ongoing credit card fraud. For example, if someone is using the credit card over a period of one year, the statute of limitations will not start to run until the use is discontinued.

Since the prosecutor is required to show the defendant both used the card and had the necessary intent, defenses typically center around the intent element. A good criminal defense attorney will argue that the defendant did not know she lacked consent or that the card was stolen.

Embezzlement (More Theft Crimes)
Embezzlement occurs when you start with lawful possession of property or money, and then fraudulently appropriate it. A good example would be a cashier taking money from the cash register. Although the cashier is in lawful possession of the money when he handles it during his shift, once he take the money for himself – he is no longer in lawful possession.  Similar to credit card fraud, embezzlement can be filed as grand theft or petty theft depending on the circumstances of the case. In addition, the district attorney may choose to file charges as misdemeanors or felonies. If you are charged with misdemeanor grand theft or embezzlement, you may face up to one year in jail. Felony grand theft or embezzlement carries a sentence of up to three years. In both circumstances, the defendant will likely owe a significant sum in restitution.

A good criminal attorney will make it difficult for the prosecutor to prove the defendant had the requisite intent. A good criminal defense attorney will also explore additional defenses, such as the defendant being falsely accused, entrapment, or simply that there is insufficient evidence to secure a conviction.

Forgery (More on Forgery)
The definition of California forgery covers several different acts. For example, you may be charged with forgery by signing someone else’s name to a document, falsifying a legal document, or present a false document as genuine for monetary gain. Another common form of forgery is falsifying a prescription. Similar to other white-collar crimes, forgery may be filed as a misdemeanor or a felony depending on the circumstances. However, the district attorney will most likely file as a misdemeanor if the amount in question is less than $950.

Just as with many other crimes, the prosecutor is required to prove the defendant intended to defraud. A good criminal defense attorney will argue the defendant lacked intent to defraud or that the documents involved have insufficient legal significance. In addition, a good attorney will get to know the client well in order to decide if there is a capacity argument. For example, if the client has been diagnosed with a learning disability or is extremely young, there may be viable arguments that the defendant lacked capacity to form the intent associated with a forgery conviction. 

Los Angeles Financial Crimes Attorney

IF YOU OR A LOVED ONE HAS BEEN ARRESTED OR CHARGED WITH A CRIME, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE LAWYER.  213-375-3775

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