San Diego White Collar Crimes Attorney

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 Kanter for a no-cost, no-obligation consultation.

What are White Collar Crimes?

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:

• Bankruptcy Fraud – This may include not declaring assets during a bankruptcy case or filing in multiple states
• Computer Crime – Also known as cybercrime, this refers to any crime that involves a computer and a network.
• Conspiracy – Conspiracy is an agreement between two or more persons to break the law at some time in the future.
• Counterfeiting – Counterfeited funds include money not sanctioned by a government.
• Credit Card Fraud – Credit card fraud includes activities to obtain goods without paying or by obtaining unauthorized funds from an account.
• Embezzlement – Embezzlement is the act of dishonestly appropriating or secreting assets by one or more individuals to whom such assets have been entrusted.
• Extortion – Extortion is when a person unlawfully obtains either money, property, or services from a person(s), entity, or institution through coercion.
• Forgery – Forgery consists of filling in blanks on a document containing a genuine signature, or materially altering or erasing an existing document for financial gain.
• Internet Fraud – Internet fraud refers to the use of Internet services to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme.
• Money Laundering – Money laundering is the practice of engaging in financial transactions to conceal the identity, source, and/or destination of illegally gained money.

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.

California Fraud Charges

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

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:

1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.

Constructive Fraud

Constructive fraud consists of:

1. In any breach of duty which, without actually fraudulent intent, gains an advantage to the person in fault, or anyone claiming under him, by misleading another to his prejudice, or to the prejudice of anyone claiming under him; or,

1. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

Defenses to Fraud Charges

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.”

What is a Ponzi Scheme

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.

Facing White Collar Crime Charges? Contact Us Today.

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 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 Office of Elliott Kanter by phone or by email at ekanter@enkanter.com 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.