While they all involve fraud, deceit, or other illegal activities for financial gain, white-collar crimes have specific elements that distinguish them. Prosecutors usually push for the harshest possible sentences and monetary fines because of the financial loss involved if a person or an organization commits these crimes. That’s why you should have an experienced legal team behind you if you are charged with a white-collar crime. Our attorneys at Riverside Criminal Attorney understand what is at stake if you were to be convicted of a white-collar crime. Therefore, we are ready to help review the charges leveled against you to come up with a suitable defense strategy.

Fraud

Fraud is one of the most prevalent white-collar crimes. It encompasses a wide range of deceptive practices aimed at unlawfully obtaining something of value or causing harm to others through fraudulent means.

In California, fraud is a serious offense that carries severe penalties. Under California Penal Code Section 484, fraud is defined as intentionally defrauding or depriving another person of money, property, or services through deceit, false pretenses, or fraudulent representations.

This definition encompasses various forms of fraud, including but not limited to:

  • Insurance fraud — These are deliberate acts of deception to unlawfully obtain benefits from insurance companies, such as filing false claims or providing misleading information.
  • Real estate fraud —This is engaging in deceptive practices related to real estate transactions, such as mortgage fraud, fraudulent appraisals, or misrepresentation of property information.
  • Internet fraud — This is engaging in fraudulent activities online, such as phishing scams, online auction fraud, or identity theft through computer systems or the Internet.
  • Wire fraud — This is using electronic communications, such as phone calls or emails, to execute a fraudulent scheme, often involving interstate or international transactions.

The penalties for fraud vary depending on the specific circumstances and the value of the fraudulently obtained property or services. In general, fraud is considered a wobbler offense.

This means it can be charged as either a misdemeanor or a felony. Misdemeanor fraud offenses may result in fines, probation, and a maximum jail sentence of up to one year. Felony fraud convictions can lead to more severe consequences, including significant fines and imprisonment ranging from 16 months to several years, depending on the severity of the offense.

Embezzlement

Embezzlement involves the misappropriation or theft of funds or property entrusted to an individual's care, typically in a professional or fiduciary capacity. In California, embezzlement is taken seriously under the state's laws.

Individuals charged with this offense face significant legal consequences. Under California Penal Code Section 503, embezzlement is defined as fraudulently appropriating or misappropriating property or funds entrusted to one's care or possession with the intent to deprive the rightful owner of their property.

Embezzlement typically occurs in employment or financial settings where individuals have lawful access to another's assets or funds, such as employees, accountants, or trustees. To establish the crime of embezzlement, the prosecution must prove the following elements:

  • Property entrusted to the defendant — The defendant must have had lawful possession or control over the property due to their employment or a fiduciary relationship.
  • Conversion of the property — The defendant must have fraudulently converted the property for their own use, benefit, or to the benefit of someone else.
  • Intent to deprive the rightful owner — The defendant must have had the intent to deprive the owner of their property permanently.

The severity of embezzlement charges depends on the value of the embezzled property. Misdemeanor embezzlement convictions can result in fines and imprisonment for up to one year. On the other hand, felony embezzlement convictions can lead to more severe penalties, including significant fines and imprisonment ranging from 16 months to several years.

California law also allows for restitution in embezzlement cases. If convicted, the court may order the defendant to reimburse the victim for the value of the embezzled property or funds.

Identity Theft

Identity theft involves the unauthorized use of another person's personal identifying information to commit fraudulent activities or gain unlawful benefits. In California, identity theft is treated as a serious offense.

Individuals charged with this crime face significant legal consequences. California has specific laws that address identity theft, including California Penal Code Section 530.5.

Under this statute, identity theft is defined as willfully obtaining and using someone else's personal identifying information without their consent, with the intent to commit fraud or other unlawful activities. To be convicted of identity theft, the prosecutor must prove the following elements:

  • Willful acquisition and use — The defendant must have knowingly and intentionally obtained, retained, or used another person's personal identifying information.
  • Personal identifying information — This includes any data that can be used to identify an individual, such as Social Security numbers, driver's license numbers, credit card information, or bank account details.
  • Lack of consent — The defendant must have obtained and used the personal identifying information without the consent of the person whose identity was stolen.
  • Intent to commit fraud or unlawful activities — The defendant must have had the specific intent to use the stolen identity information for fraudulent purposes, such as applying for credit, making unauthorized purchases, or obtaining government benefits.

Identity theft can be charged as either a misdemeanor or a felony, depending on the specific circumstances and the value of the fraudulently obtained property, services, or money. Misdemeanor identity theft is typically charged when the value is less than $950. On the other hand, felony identity theft is charged when the value exceeds this threshold.

The penalties for identity theft can be severe. Misdemeanor convictions can result in fines, probation, and a maximum jail sentence of up to one year.

Felony convictions for identity theft can lead to significant fines and imprisonment ranging from 16 months to several years, depending on the extent of the offense. California law also addresses additional identity theft-related crimes, such as possessing or selling personal identifying information, which can carry separate penalties.

Forgery

Forgery involves the creation, alteration, or use of false documents with the intent to deceive or defraud others. In California, forgery is taken seriously under the state's laws.

Individuals charged with this offense face substantial legal consequences. California Penal Code Section 470 defines forgery as the act of falsely making, altering, forging, or counterfeiting a written instrument with the intent to defraud another person.

To be convicted of forgery, the prosecutor must prove the following elements:

  • Falsely making or altering — The defendant must have created, modified, or manipulated a written instrument, such as checks, contracts, deeds, wills, or financial documents, to make it appear genuine or different from its original form.
  • Intent to defraud — The defendant must have possessed the specific intent to deceive or defraud another person by passing off the forged document as genuine or authentic.
  • Knowledge of the falsity — The defendant must have known that the instrument they created, altered, or used was false, forged, or counterfeit.

Forgery can encompass various acts, including but not limited to:

  • Creating counterfeit currency or checks.
  • Forging someone else's signature on a document.
  • Altering the terms of a contract or legal instrument.
  • Issuing fake identification documents.
  • Falsifying academic credentials or certifications.

Forgery can be charged as either a misdemeanor or a felony. Misdemeanor forgery is typically charged when the value involved is less than $950, while felony forgery is charged when the value exceeds this threshold.

Misdemeanor forgery convictions can result in fines, probation, and a maximum jail sentence of up to one year. Felony forgery convictions carry more severe penalties, including significant fines and imprisonment ranging from 16 months to several years, depending on the extent of the offense.

Insider Trading

Insider trading involves the buying or selling of securities based on non-public, material information about a company. This illegal practice allows individuals to gain an unfair advantage in the stock market at the expense of other investors.

In California, insider trading is subject to both federal securities laws and state regulations. Under federal law, the Securities Exchange Act of 1934 and the Securities and Exchange Commission (SEC) regulations prohibit insider trading.

California law, through the California Corporations Code and related statutes, also addresses certain aspects of insider trading. To be convicted of insider trading, the prosecutor must prove the following elements:

  • Material non-public information — Insider trading occurs when individuals trade securities based on information that is both material (information that could reasonably affect the stock's value) and non-public (information not available to the general public).
  • Breach of fiduciary duty or relationship of trust — The person trading securities must have a fiduciary duty or a relationship of trust with the company, such as an officer, director, employee, or professional advisor, that gives them access to confidential information.
  • Trading based on insider information — The individual must trade securities (buying or selling) based on the material non-public information they possess.

Insider trading is illegal because it undermines the fairness and integrity of the financial markets. It allows those with inside information to exploit it for personal gain.

This may lead to market manipulation, unfair advantages, and harm to other investors. The penalties for insider trading in California can be severe.

Violations of federal securities laws can result in criminal charges brought by the U.S. Department of Justice or civil enforcement actions by the SEC. Individuals found guilty of insider trading can face substantial fines, disgorgement of ill-gotten gains, restitution to harmed investors, and imprisonment.

As stated earlier, California has its own securities laws that address insider trading. For example, California Corporations Code Section 25400 prohibits fraudulent or deceptive practices in connection with the purchase or sale of securities. Violations of California securities laws can lead to civil liability, enforcement actions by the California Department of Business Oversight, and potentially criminal charges.

Tax Evasion

Tax evasion involves intentionally evading or avoiding the payment of taxes owed to the government. It is a violation of both federal and state tax laws.

Individuals convicted of tax evasion face severe legal consequences and penalties. Under California law, tax evasion is primarily governed by the California Revenue and Taxation Code, specifically Section 19706.

Tax evasion occurs when individuals or businesses engage in fraudulent or deceptive practices to intentionally avoid paying their lawful tax obligations. To be convicted of tax evasion, the prosecutor must prove the following elements:

  • Willful attempt to evade tax — The defendant must have willfully attempted to evade the assessment, collection, or payment of taxes owed.
  • Intent to defraud — The defendant must have intended to defraud the government by engaging in fraudulent activities to understate their tax liability or avoid paying taxes altogether.
  • Acts of evasion — Tax evasion can involve various acts, such as filing false tax returns, providing false information, intentionally omitting income or assets, keeping dual sets of books, or using false identities to hide taxable income.

Tax evasion is a serious offense, and the penalties can be substantial. The specific penalties depend on the amount of tax evaded and other factors, such as the defendant's criminal record.

The California Franchise Tax Board (FTB) and the California Department of Tax and Fee Administration (CDTFA) are responsible for enforcing tax laws in the state. These agencies conduct audits, investigations, and enforcement actions to identify and prosecute individuals suspected of tax evasion.

Money Laundering

Money laundering involves the process of making illegally obtained funds appear legitimate by disguising their true source. Money laundering enables individuals to hide the proceeds of criminal activities and integrate them into the legitimate economy.

In California, money laundering is prohibited by both federal and state laws. Under California law, money laundering is primarily addressed by the California Money Laundering Act (California Penal Code Sections 186-186.11) and the California Uniform Controlled Substances Act (California Health and Safety Code Sections 11370-11383). These statutes aim to prevent and prosecute the use of illicitly obtained funds and assets.

Money laundering generally involves three stages:

  • Placement — Illegally obtained funds are introduced into the financial system, typically by depositing them into bank accounts or converting them into other assets, such as real estate or high-value goods.
  • Layering — The process of disguising the origins of the funds through complex transactions and multiple layers of transfers, making it difficult to trace the money back to its illicit source. This may involve transferring funds between accounts, creating fictitious transactions, or conducting international transfers.
  • Integration — The "cleaned" funds are re-introduced into the legitimate economy, appearing as legitimate assets or investments. This final stage aims to make the illicit funds indistinguishable from legally obtained funds.

Money laundering can involve a range of criminal activities, including drug trafficking, fraud, corruption, racketeering, or other predicate offenses. Both federal and state penalties for money laundering can be severe.

Convictions may result in significant fines, forfeiture of assets, and lengthy imprisonment. In California, money laundering is generally treated as a felony offense.

Intellectual Property Theft

Intellectual property theft involves the unauthorized use, reproduction, or distribution of someone else's intellectual property without their permission. Intellectual property refers to intangible creations of the human mind, such as inventions, patents, trademarks, copyrights, and trade secrets.

In California, intellectual property theft is subject to both federal intellectual property laws and state laws. California has specific laws that address various forms of intellectual property theft, including the California Penal Code, the California Uniform Trade Secrets Act (CUTSA), and the California Business and Professions Code.

Intellectual property theft can take several forms:

  • Copyright infringement — This is the unauthorized use, reproduction, distribution, or display of copyrighted works, such as literary works, music, films, software, or visual arts, without the copyright holder's permission.
  • Patent infringement — This is the unauthorized creation, use, sale, or importation of a patented invention without the patent holder's permission.
  • Trademark infringement — This is the unauthorized use of a registered trademark or a confusingly similar mark to deceive consumers or create a false association with the original trademark owner's products or services.
  • Trade secret theft — This is the unauthorized acquisition, use, or disclosure of valuable and confidential business information that provides a competitive advantage, such as formulas, processes, customer lists, or marketing strategies.

California law recognizes the importance of protecting intellectual property rights and provides legal remedies and penalties for those who engage in intellectual property theft. Violations of intellectual property laws can result in civil lawsuits, criminal charges, and financial damages.

Penalties for intellectual property theft can vary depending on the specific offense and the extent of the harm caused. They may include injunctions, monetary damages, restitution, and even criminal penalties, such as fines and imprisonment.

Bribery

Bribery involves offering, giving, receiving, or soliciting something of value with the intent to influence the actions or decisions of an individual in a position of power or authority. Bribery undermines the integrity of public and private institutions and compromises fair and transparent decision-making processes.

In California, bribery is prohibited by both federal and state laws. Under California law, bribery offenses are primarily addressed by the California Penal Code, specifically Sections 67, 68, and 92-100. These statutes cover various aspects of bribery, including bribery of public officials, bribery of witnesses, and commercial bribery.

Key elements of bribery under California law include:

  • Offering, giving, receiving, or soliciting something of value — Bribery involves the exchange of something of value, which can include money, gifts, favors, services, or other benefits.
  • Intent to influence official action or decision — The purpose of the bribe is to influence the actions, decisions, or duties of a public official, witness, or individual in a position of authority. The bribe is intended to sway their judgment, alter their behavior, or secure an unfair advantage.
  • Corrupt intent — Bribery requires a corrupt intent, meaning the individual engaging in the bribery scheme knows that their actions are unlawful and aims to exploit the system for personal gain or advantage.

Bribery can occur in various contexts, including public sector corruption, corporate bribery, political bribery, or commercial bribery involving private business transactions. The penalties for bribery can be severe.

Bribery offenses are typically treated as felonies. The specific penalties depend on the circumstances of the case, including the nature and value of the bribe, the person's position, and the parties' intent.

Convictions for bribery can result in substantial fines, imprisonment, and other legal consequences. Additionally, individuals found guilty of bribery may face reputational damage, loss of employment, and long-term consequences to their personal and professional lives.

Environmental Law Violations

Environmental law violations involve unlawful actions or omissions that harm the environment, violate environmental regulations, or fail to comply with environmental protection laws. These violations can seriously affect public health, ecosystems, and natural resources.

 Environmental law violations are subject to both federal and state laws. California has a robust framework of environmental laws, including the California Environmental Quality Act (CEQA), the California Environmental Protection Act (CEPA), and various statutes under the California Health and Safety Code, California Water Code, and California Penal Code.

Environmental law violations can encompass a range of activities, including:

  • Illegal disposal of hazardous substances — This is the unauthorized dumping, release, or improper disposal of hazardous materials, chemicals, or pollutants into the environment, including land, air, or water.
  • Pollution and contamination — This is knowingly causing or allowing the release of pollutants, contaminants, or hazardous substances into the environment in violation of environmental regulations.
  • Failure to obtain permits or compliance — This is failing to obtain necessary permits, licenses, or authorizations required by environmental laws or disregarding compliance obligations related to waste management, emissions, or pollution control.
  • Destruction of protected species or habitats — This is engaging in activities that harm or destroy protected species, habitats, or environmentally sensitive areas without the proper permits or approvals.
  • Fraudulent reporting or misrepresentation — This is providing false or misleading information in environmental impact assessments, pollution reports, or compliance documents to deceive regulators or avoid regulatory scrutiny.

Find a Criminal Defense Attorney Near Me

At Riverside Criminal Attorney, we understand the complexities and challenges associated with white-collar crimes. Our team of experienced criminal defense attorneys is dedicated to providing exceptional legal representation to individuals facing white-collar crime charges in Riverside.

We will fight tirelessly on your behalf, conducting a thorough investigation, developing a robust defense strategy, and working toward a fair and just resolution. Call us today at 951-877-4204 for a free consultation.