White collar crimes are non-violent, but that doesn't mean they are any less serious. Criminal penalties for white collar crimes can be severe and may include jail time. Protect your freedom and speak with a San Diego white collar crime attorney today.
White-collar crime is a non-violent crime with serious consequences. To steal money, you don’t necessarily have to don a mask, carry a gun, and walk into a bank. White-collar crimes involve stealing money, often via computer or through accounting means. If the federal government becomes involved, as it often does in cyber matters, the stakes suddenly become much higher. The deadlines are different. So are the sentencing guidelines. Worse yet, the penalties are often much stiffer.
If you’re charged with a federal offense, or if you believe you are under investigation, don’t delay in calling an attorney experienced in navigating the federal courts. Protect your future. Call experienced San Diego white-collar crime lawyer Elliott N. Kanter for a no-cost, no-obligation consultation.
If you use fraud or deception to acquire funds or property, you’ve committed a white-collar crime. The majority of white-collar crimes are felony charges. Such acts may include:
If you have been charged with any of these crimes, you will need legal advice and guidance from a San Diego criminal defense attorney. A criminal defense lawyer can help you understand your charges and legal options, and fight tirelessly to achieve the best possible outcome for your case.
Fraud is one of the most common types of white-collar crimes in San Diego County. In the state of California, there are numerous kinds of fraud. Grand theft, petty theft, identity theft, embezzlement, forgery, credit card fraud, healthcare fraud, social security fraud, welfare fraud, and tax scams are just a few types.
Fraud is defined in California Civil Code(CC) Section 1572 (actual fraud) and Section 1573 (constructive fraud).
Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
Constructive fraud consists of:
Fraud has defenses a person can raise. One important defense is the “good-faith” defense. For example, if you were charged with writing a bad check and you honestly believed that you did have sufficient funds, a defense could be used that you did not knowingly write the check to defraud the plaintiff. Other possible defenses might include mistaken identity or false accusations. If there was a witness to the crime, you may have been mistakenly pointed out as the guilty party. In some scam cases, the Entrapment defense can be used. The legal definition of entrapment is when a person is ”induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit, and the law as a matter of policy forbids conviction in such a case.”
A Ponzi scheme is a kind of investment fraud. It gives the illusion of solvency that is created by paying off early investors with capital raised from later entrants. As long as new investments continue to come in the door, the earlier adopters reap fat rewards; but once markets tumble and investors withdraw, the whole thing collapses like a house of cards.
A pyramid scheme is a form of fraud similar to a Ponzi scheme; that is, investors attempt to make money by recruiting other investors who, in turn, recruit more. Typically, participants are asked to pay to join a program and become a distributor of a product or service. Those who get in early make money from later investors. When the supply of new investors runs dry, however, the entire pyramid collapses.
Individuals and institutions charged with such violations could face an array of charges from both the state and federal government and possibly have to serve jail time and pay fines for both. Charges for Ponzi schemes are often also coupled with other charges such as Tax Evasion, Mail Fraud, Wire Fraud, Securities Fraud or other Financial Crimes.
You’ve worked hard over the years, but you could lose everything by having your reputation tainted with a conviction. You need experienced lawyer Elliott N. Kanter on your side to fight for your rights and preserve your good name. Our attorneys have years of experience defending clients in criminal cases. Some of our team’s practice areas include white-collar crimes, juvenile offenses, DUI, drug possession, theft crimes, assault, domestic violence, drug crimes, and sex crimes.
Don’t delay in contacting the lawyers at the Law Offices of Elliott N. Kanter by phone or by email at firstname.lastname@example.org for a free consultation. You can also fill out the form on this website to get in touch with a San Diego criminal defense lawyer. Give our criminal law firm a call today and we’ll get started to prove your innocence after answering your legal questions and conducting a careful review of your case. Our office is conveniently located at 2445 5th Ave, Suite #350, in San Diego, 92101. To see a map, please visit the contact us page on this site.