California White Collar Crimes Law & Defense
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A white collar crime is defined as non-violent crime generally committed by business or government professionals. Edwin Sutherland first used the phrase white collar crime in 1939 when describing non-violent crimes committed by socialites.
Today, most white collar crimes involve some sort of deceit; fraud and embezzlement are the most common types of white collar crimes. White collar crimes include:
Fraud, insurance fraud, extortion, bribery, embezzlement, money laundering, credit card fraud, check fraud, counterfeiting, mortgage fraud, identity theft, forgery, wire fraud, securities fraud, insider trading, health care fraud, and tax evasion.
Each of the above listed white collar crimes have their own definitions and defenses. To learn more about any of the above listed white collar crimes please click on the name of crime.
The most common defense to any white collar crime is probably insufficient evidence and suppression of evidence (due to police misconduct). Contrary to popular belief, statute of limitations is not generally a defense to a fraud crime, including most white collar crimes.
Aggravated White Collar Crimes PC 186.10 & 186.11:
In some cases of white collar crimes the district attorney will attempt to add an enhancement to the underlying criminal charge. For example, if the defendant is accused of mortgage fraud, the district attorney might try to add an enhancement to the charge to give the defendant more jail or prison time. The aggravation or enhancement is charged where the amount of loss to the victim is a high dollar amount. To prove the aggravated white collar crime enhancement the district attorney will need to prove all of the following:
- the defendant committed two or more white collar crime (listed above),
- fraud or embezzlement was a material element to the crimes charged,
- the related felonies involved a pattern or related felony conduct, and
- the pattern of related felony conduct resulted in the loss by another person of a certain amount of money,
The enhancements are charged according to the stated loss of the alleged victim:
- PC 186.10 Money Laundering Exceeding $100,000 (3 year enhancement)
- PC 186.10(c)(1)(A) Money Laundering over $50,000 (one year enhancement)
- PC 186.10(c)(1)(C) Money Laundering over $1,000,000 (3 year enhancement)
- PC 186.10(c)(1)(D) Money Laundering over $2,500,000 (4 year enhancement)
- PC 186.11(a)(2) Taking More than $500,000 (5 year enhancement)
- PC 186.11(a)(3) Taking More than $100,000 (1 year enhancement)
The enhancements are designed to add more possible jail or prison time to the defendant's underlying criminal charge. The enhancement range from adding one to five years of possible jail or prison time to the defendant's underlying criminal charge. For example, if the defendant is charged with mortgage fraud over one million dollars he or she could be facing three years for the mortgage fraud and five years for the enhancement of PC 186.11(a)(3) for a total of eight years possible jail or prison exposure.
Punishment for white collar crimes:
The punishment or penalty associated with white collar crimes depends on the type of underlying charge and any enhancement under PC 186.10 or 186.11 that might be added.
If you or a loved one is charged with a white collar crime or an aggravated white collar crime enhancement, contact one of the criminal defense attorneys at Dorado & Dorado for a free consultation. Our criminal defense attorneys are available 24/7 to answer all of your white collar crimes questions.
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Criminal Defense Attorneys, Defending:
- Annoying or Molesting a Child
- Assault on an Officer or Firefighter
- Criminal Storage of Firearm
- Driving on a Suspended License
- Failure to Register as a Sex Offender
- Felon in Possession of a Firearm
- Loitering W/Intent to Commit Prostitution
- Receipt of Stolen Property
- Resisting an Exexutive Officer
- Unauthorized Practice of Law
List of White Collar Crimes
- Money Laundering
- Credit Card Fraud
- Identity Theft
- Securities Fraud
- Tax Evasion
- Check Fraud
- Insurance Fraud
- Mortgage Fraud
- Wire Fraud
- Insider Trading