White Collar Crimes Defense Attorney in San Diego

An Overview of White Collar Crimes in California

White-collar crimes in California refer to a broad spectrum of non-violent criminal offenses, primarily characterized by deceit, concealment, or violation of trust. These crimes are financially motivated and often involve legal and financial transactions. Unlike more visible forms of criminal behavior, white-collar offenses are subtle and can have far-reaching impacts on victims, businesses, and the economy.

White-collar crimes can range from fraud and embezzlement to identity theft and internet fraud, each carrying its legal definition and set of penalties under California law. The complexity of these crimes lies in their execution, legal interpretation, and prosecution. In the following sections, you learn the various white-collar crimes defined under California law.

California Bribery Crimes

In California, bribery laws encompass a wide range of public and private sectors, each governed by specific penal codes. These laws detail what constitutes bribery, who can be implicated, for example, an executive officer, a legislator, or a public corporation, and the legal repercussions of such actions.

California Penal Code 67, Bribery of Executive Officer in California

Under California law, Penal Code 67 outlines the crime of bribing an executive officer. This statute addresses a form of corruption that can undermine the integrity of public offices. An executive officer could be anyone from a district attorney to a police chief or a deputy city coroner.

Bribery of an executive officer occurs when you offer, give, or agree to give an executive officer something of value. This act is done with the corrupt intent to influence the officer’s decision-making in their official capacity. The law does not necessitate a direct quid pro quo; the mere intention to influence future decisions or actions of the officer suffices for the crime to be considered bribery.

California Penal Code 68, Bribery by an Executive Officer in California

Penal Code 68 flips the perspective of bribery, focusing on the act of accepting a bribe by an executive officer. This statute underscores the responsibility held by public officials to maintain the integrity of their office and the trust placed in them by the public.

Bribery by an executive officer happens when an executive officer asks for, receives, or agrees to receive a bribe. The officer does so with the corrupt intent to influence their decision, act, vote, or opinion in their official capacity. Like in Penal Code 67, the bribe doesn’t need to be in exchange for a specific act. It is the intent to be influenced in general that constitutes the crime.

For the court to convict you, the prosecution must establish:

• Your status as an executive officer.
• The act of requesting, receiving, or agreeing to receive a bribe.
• The corrupt intent behind the act is to influence the officer’s official duties.

California Penal Code 85, Bribery of a Legislator in California

Penal Code 85 aims to safeguard the decision-making process of legislative bodies from undue influence. You violate this statute when you offer, give, or agree to give something of value to a legislator. This act is carried out with the corrupt intent to influence the legislator’s vote, decision, opinion, or other official actions.

California Penal Code 86, Legislator Requesting or Taking a Bribe in California

A California PC 86 violation is committed when a legislative officer requests, takes, or agrees to take a bribe. In doing so, the legislator represents that the bribe would unlawfully influence their official act, decision, vote, or opinion. The legislator acts with corrupt intent, meaning they seek to gain a financial or other advantage.

California Penal Code 92, Bribery of Judges or Jurors in California

Penal Code 92 tackles the serious offense of bribing judges or jurors, which strikes at the heart of the judicial system’s integrity. Under the statute, the crime of bribing a judge or juror is established when an individual gives or offers to give a judicial officer something of value.

The act is done with the corrupt intent to influence the officer’s decision in an official matter. Judicial officers, as defined in this statute, include judges, jurors, referees, arbitrators, umpires, and anyone authorized to hear or determine legal matters.

California Penal Code 93, Judges or Jurors Requesting or Taking a Bribe in California

This statute punishes the conduct of judges and jurors, focusing on the criminality of requesting or accepting bribes. The crime occurs when a judicial officer (judge or juror) asks for, receives, or agrees to receive any bribe. The judicial officer does so with the corrupt intent that their judgment or decision will be influenced in any case or matter.

California Penal Code 137, Bribery of a Witness in California

Penal Code 137 prohibits the offense of bribing a witness. You face charges for a Penal Code 137 violation if you offer, give, or agree to give something of value to a witness. The act is done with the intent of influencing the witness’s testimony in a legal proceeding.

California Penal Code 138, Witness Taking a Bribe in California

Unlike PC 137, PC 138 addresses the grave offense of a witness accepting a bribe. You face charges for a Penal Code 138 violation if, as a witness, you accept something of value from a defendant. The act is done with the intent of influencing your testimony in a legal proceeding.

California Penal Code 165, Bribery by or of County Supervisors or Public Corporations in California

This offense is constituted when a person offers, gives, or agrees to give something of value to a county supervisor or related official or when such an official takes or agrees to take a bribe.

The act is carried out with corrupt intent, meaning the intention to influence the official’s action in an official matter. This law applies to county supervisors, members of common councils, county or city boards of trustees, and boards of trustees of public corporations.

California Penal Code 641.3, Commercial Bribery

Commercial bribery is defined as an employee, agent, or fiduciary taking, agreeing to take, or soliciting a bribe from a third party. The act intends to unfairly influence the conduct of the employee, agent, or fiduciary in relation to the employer’s or principal’s affairs.

This statute penalizes corrupt practices in commercial transactions where bribes unlawfully influence decision-making.

Credit and Debit Card Fraud

Credit and debit card fraud is an increasingly prevalent issue. In a digital age where financial transactions are often completed with the simple swipe of a card or a quick online payment, the risk of fraud has escalated, impacting countless individuals and businesses across the state.

California Penal Code 484f, Forging Credit Card Information

Forging credit card information in California is a severe criminal offense, defined under Penal Code 484f. This law targets individuals who alter, counterfeit, or illegally sign another person’s name in credit or debit card transactions. The critical element for a conviction under this statute is the intent to defraud.

To be found guilty of violating PC 484f, the prosecution must prove that you knowingly and unlawfully altered, created, or used a credit or debit card for your benefit. This includes:

• Altering a credit or debit card.
• Counterfeiting or creating a fake credit or debit card.
• Signing another person’s name during a card transaction without their knowledge.

California Penal Code 484g, Using a Credit Card Fraudulently

This code section applies when someone knowingly uses an altered, stolen, forged, counterfeit, revoked, or expired credit or debit card to obtain value, whether money, goods, or services.

For a conviction under PC 484g, the prosecution must demonstrate the following:

• You used altered or forged access card or account information.
• You were aware that the card or information was forged or altered.
• The use was without the permission of the card’s owner.
• You intended to obtain something of value.
• Your action was undertaken to defraud.

California Penal Code 484 h, Retailer Credit Card Fraud

Retailer credit card fraud targets fraudulent actions committed by retailers in the context of credit and debit card transactions. This type of fraud occurs when a retailer:

• Provides goods, services, or value to someone presenting a credit or debit card known as stolen, counterfeit, forged, expired, or revoked.
• Presents evidence of a credit or debit card transaction for payment while knowingly failing to provide the corresponding goods, services, or value.

Like other forms of credit card fraud, the act must be committed with the intent to defraud.

California Penal Code 484i, Counterfeiting Credit Cards

Counterfeiting credit cards involves the following:

• Making, altering, or possessing a counterfeit credit or debit card.
• Having equipment, materials, or information intending to make or alter credit or debit cards.

The crucial element in these offenses is the intent to defraud, meaning your actions are aimed at a dishonest gain or causing a financial loss to others.

California Penal Code 484 j, Publishing Credit Card Information

Penal Code 484 j targets sharing sensitive financial information without authorization and with fraudulent intent. Under PC 484 j, “publish” is broadly defined as communicating credit or debit card information through various means, such as orally, in writing, or via electronic media like telephone, television, radio, or computer networks. The critical element of a violation is the intent to defraud.

California Penal Code 459, California Burglary

Burglary, under California Penal Code 459 PC, is a severe offense that involves entering a structure intending to commit theft or any felony. This crime is categorized into two degrees in California, including:

1. First-Degree Burglary

First-degree or residential burglary is the more severe of the two. It involves entering an inhabited dwelling with illicit intentions, such as a home or apartment. This type of burglary is always treated as a felony in California, reflecting the severe nature of violating the sanctity of someone’s home. Convictions can result in harsh penalties, including imprisonment and substantial fines.

2. Second-Degree Burglary

In contrast, second-degree burglary, commonly called commercial burglary, occurs on any other property type, such as stores or offices. This form of burglary can be charged as either a misdemeanor or a felony, depending on the circumstances and the property’s value.

California Penal Code 503, Embezzlement

Embezzlement is a white-collar crime in California, defined under Penal Code 503. It occurs when someone fraudulently appropriates property entrusted to them. This crime is distinct because it involves violating trust and mishandling assets or funds for personal gain.

California law characterizes embezzlement as the unlawful taking of something that someone has been entrusted with. It differs from theft in that the embezzler legally comes into possession of the property but then illegally uses it for their benefit.

At the heart of embezzlement is a relationship of trust between the victim and the perpetrator. The person committing embezzlement has been given responsibility over someone else’s property, which they then exploit for their advantage.

You must have used the property fraudulently for an act to qualify as embezzlement. This means you have applied it to a use not agreed upon or intended by the owner. Finally, there must be an intent to deprive the owner of the property, either temporarily or permanently. This aspect focuses on your intention to misuse the property for your benefit, regardless of whether you plan to return it.

California Penal Code 518, California Extortion

As defined by Penal Code 518, extortion involves the unlawful obtaining of money, property, or services from a person through coercion or intimidation. Extortion occurs when an individual uses force or threats to compel another person to give up property or money or to compel a public officer to perform an official act.

1. Threaten. A key element of extortion is the use of threats. These can include threats of physical harm, property damage, or other forms of harm to the victim or their loved ones.
2. Consent. The victim’s consent to extortion is obtained through coercion or fear, distinguishing it from other forms of agreement. This coerced consent is what makes the act unlawful.
3. Extortion of Signature – PC 522. This involves forcing someone to sign a document (like a contract or a will) that results in financial loss or gain.
4. Extortion by Threatening Letter – PC 523. This type of extortion involves sending a threatening letter or communication to demand money, property, or services.

California Penal Code 470, California Forgery

California Penal Code 470 punishes the false making, altering, or use of a written document intending to commit fraud. This crime is taken seriously in California due to its potential to cause significant financial harm and undermine trust in personal and business transactions.

Certain elements must be present to be charged with forgery, including the following:

• The act of falsely making, altering, forging, or counterfeiting a document.
• The document must have legal significance, such as checks, contracts, wills, or identification cards.
• The intent to defraud means there must be an intention to deceive another party for gain.

Forgery can take many forms, from forging signatures on checks to falsifying legal documents. The severity of the punishment for forgery in California depends on the nature of the forgery, the value involved, and the case’s specific circumstances.

California Penal Code 530.5, Identity Theft

Identity theft involves the unauthorized use of another person’s personal identifying information for unlawful purposes, particularly fraud or deceit. Identity theft can manifest in various forms, such as:

• Using someone else’s credit card or bank account information without permission.
• Applying for loans or opening new accounts using another person’s identification.
• Filing for government benefits or services under someone else’s name.

The law is designed to protect not just the financial interests of individuals but also their privacy and personal information, which is increasingly at risk in the digital age.

Auto Insurance Fraud Theft

Auto insurance fraud theft in California encompasses a range of deceptive practices aimed at wrongfully obtaining financial benefits from auto insurance policies. This type of fraud affects insurance companies, inflates premiums for honest policyholders, and can have legal consequences for those involved.

Auto insurance fraud in California can include various illegal activities, such as:

• Falsifying or exaggerating the extent of damage in an insurance claim.
• Staging accidents to file false claims.
• Claiming for injuries or damages that never occurred.

Specific Penal Codes Addressing Auto Insurance Fraud

1. Penal Code 548. Damaging or abandoning a vehicle to file a false claim.
2. Penal Code 550. Submitting fraudulent claims, making multiple claims for the same loss, causing an accident intentionally for a claim, or providing false statements supporting a claim.
3. Auto insurance fraud by business owners or employees. Situations where business entities or their employees engage in fraudulent activities related to auto insurance.

California Penal Code 550 a, California Healthcare Fraud

Healthcare fraud involves filing false or fraudulent claims to obtain unauthorized payments or benefits from healthcare programs or insurers. This type of fraud not only impacts healthcare systems financially but also undermines the integrity of healthcare services and can have serious legal consequences.

Healthcare fraud can manifest in various ways, including the following:

• Submitting claims for services or equipment never provided to patients.
• Submitting false claims, like altering medical records, prescriptions, or invoices, to deceive healthcare programs or insurers.
• Filing several claims for the same medical service or procedure.
• Submitting undercharges without overcharges: This involves selectively billing for less expensive services while neglecting to bill for more expensive ones to avoid detection.
• Creating false documents or reports to support fraudulent claims.

California Mail Fraud

Mail fraud is a serious white-collar crime in California and involves using the mail system to commit fraudulent acts. Due to its potential to defraud individuals and businesses on a large scale, mail fraud is heavily scrutinized and prosecuted.

Mail fraud occurs when someone devises or intends to devise a scheme to defraud another out of money or property and then uses the mail system to execute or attempt to execute this scheme. The key elements of mail fraud include the following:

• Scheme to Commit Fraud – This element involves a plan or method designed to deceive others and obtain something of value, such as money, under false pretenses.
• Use of the Mail – The scheme involves sending or receiving something through the mail system as part of the fraudulent activity. This can include letters, packages, or other materials.
• Intent – The perpetrator must intend to commit fraud. This means there must be a deliberate intention to deceive others for personal gain.

California Revenue and Taxation Code Section, 19706 Tax Fraud

Tax fraud involves willfully evading tax laws or attempting to defraud the state’s tax system. This white-collar crime can range from underreporting income to claiming false deductions and credits. Tax fraud is a deliberate act of deception against the state tax authority. It includes the following:

• Failing to file tax returns when required.
• Underreporting income or inflating expenses to reduce tax liability.
• Falsifying documents to support fraudulent tax claims.
• Illegal activities to avoid paying taxes, such as hiding assets or income.

The repercussions of being convicted of tax fraud in California are severe and can include hefty fines, repayment of owed taxes with interest, and imprisonment. Given the complexities of tax laws, navigating a tax fraud case requires skilled legal expertise.

Legal Defenses to California White Collar Crimes

Defending against white-collar crime accusations requires a deep understanding of the law and the ability to present a strong, evidence-based argument. Legal defense that can be effective in white-collar crime cases include:

• Lack of Intent. To prove a white-collar crime, the prosecution must show you had intent to defraud. Proving that you lack this intent can be a powerful defense.
• Insufficient Evidence. A defense may assert that the prosecution has insufficient evidence to show every element of the crime beyond a reasonable doubt.
• Entrapment. This defense is used when the defendant was induced to commit an offense they would not have otherwise committed, often due to law enforcement persuasion or coercion.
• Mistake of Fact. This involves showing that a misunderstanding or mistake led to the alleged criminal behavior, negating the criminal intent.
• Duress. Claiming that the defendant was forced to commit the crime under threat of harm could be a viable defense in some cases.

What the Prosecutor Must Prove This Type of General Crime

In white-collar criminal cases, the burden of proof rests on the prosecution. They must establish beyond a reasonable doubt that you committed the alleged crime. The prosecution typically needs to prove several core elements in white-collar crime cases:

• The Act (Actus Reus). This involves demonstrating that you engaged in a specific illegal act, as outlined in the statute defining the crime.
• Criminal Intent (Mens Rea). For most white-collar crimes, the prosecutor must prove that you intended to commit the crime, often involving fraud, deception, or misrepresentation.
• Causation. It must be shown that the defendant’s actions directly caused harm or loss. This can include financial loss, damage to a victim’s reputation, or other harm.
• Evidence Corroborating the Crime. The prosecution must present clear, consistent evidence that supports their allegations. This can include documents, financial records, witness testimonies, or digital evidence.