White Collar Crimes

White collar crimes involve concealment or deceit to gain an advantage or avoid losing money. As a professional, you may have been entrusted with money, property, or other interests, and the penalties you can face in connection with charges of white collar crimes can damage your reputation and your ability to earn income in the future. It is crucial to talk to someone who understands your story and how best to present your version of events. Whether you were charged with accounting fraud or misappropriation or embezzlement, you should call seasoned Orange County white collar criminal defense lawyer William M. Weinberg.

White collar crimes include:

• Counterfeiting
• Conspiracy
• Bribery
• Accounting fraud
• Embezzlement
• Extortion
• Forgery
• Fraud
• Kickbacks
• Mail fraud
• Medicare fraud
• Money laundering
• Stalking and cyberstalking
• Embezzlement
• Hacking
• RICO crimes
• Securities fraud, insider trading, or self-dealing
• Ponzi and pyramid schemes
• Tax fraud
• Wire fraud
• Wiretapping

In most cases, no violence is involved in white collar crime. Typically these crimes are perpetrated by professionals in positions of trust. A federal agency such as the SEC or the FBI may investigate prior to charges being brought. However, as a target, you may not realize there is an ongoing investigation against you unless law enforcement shows up with a search warrant.

It is crucial to retain a seasoned criminal defense attorney if you’re suspected of a white collar crime. Depending on the situation, these crimes may be prosecuted by the state or the federal government.

Fraud often involves the manipulation of truth, or flat-out lies, in order to gain money or an advance. However, actual loss or damage does not need to occur. Rather, you could be prosecuted if there is a belief you intended to cause loss or damages with misrepresentations.

Fraud occurs in many ways, depending partly on the industry where it took place. Accounting fraud, of instance, could involves the doctoring of financial or accounting records through falsification of business sales, falsification of bank entries, and misrepresentation of expenses or liabilities, or misrepresentation of business gains or profits.

Embezzlement occurs when someone entrusted with personal property takes it. Commonly, this crime happens when the embezzler is on the job and misappropriates funds. However, it can also occur if a fiduciary steals from a person who has entrusted him with money or property and converts what he’s taken intending to deprive the owner of use of the property.

In order to establish extortion, a prosecutor must show that you (1) used force or fear, (2) to compel someone else, (3) to give up consideration or property, and (4) that person consented to your demands. A prosecutor could also prove extortion if you try to use force or fear to compel a public official to act or not act in an official capacity and that official agreed to your demands.  Extortion is a serious felony that carries up to 4 years in state prison.

PC section 182 criminalizes conspiracies. To establish guilt, the prosecutor will need to prove beyond a reasonable doubt: (1) you intended to agree or did agree with someone else to commit a crime, (2) when you made this agreement you and the other conspirator intended that one or more of you would commit the crime, (3) at least one conspirator committed an overt act in order to commit the crime and at least one such act was committed in California. Often conspiracy is charged alongside other white collar or property crimes.

Both federal and state laws prohibit kickbacks. In California, Business and Professions Code section 650, provides that knowingly and willingly offering or giving refunds, preference, or rebates as compensation for referrals for items that could be reimbursed under a health care program.

When the stakes are as high as they are in white collar criminal charges, the demand for an excellent defense is even greater. Mr. Weinberg brings more than 30 years of experience as an Orange County criminal defense attorney to develop strong defenses for clients. He is available for a free consultation to talk about the charges and advise you on your legal options. Contact him by filling out our online form, or by calling his Irvine office at (949) 474-8008.