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Contact Los Angeles Criminal Defense Attorney
David D. Diamond today for a free evaluation
of your case.
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Los Angeles White Collar Crimes LawyerAlthough there is no fixed definition of white collar crime, a number of nonviolent crimes frequently are grouped together as white collar crimes. The term "white collar crime" generally is used to describe crimes that have cheating or dishonesty as their common basis. These crimes typically are committed by professionals or entrepreneurs under cover of legitimate business activity. Such crimes may be difficult to prosecute because of their complexity. Often they carry lesser penalties than other crimes because they are not associated with violence. However, defendants convicted of white collar crimes may incur enormous fines, be ordered to pay restitution, or spend time in jail. Today, there is a trend toward stricter punishment for white collar crimes, as people recognize the financial damage white collar criminals inflict on society.
BriberyFederal law and California law both prohibit bribery. The purpose of most bribery statutes is to prevent people from seeking preferential treatment from public officials and to prevent public officers from using their offices for personal gain. Specifically, if a government official is offered or seeks anything of value for himself or herself in exchange for performing an official act, a fraudulous action, or any action in violation of his or her official duty, the elements of bribery may be met.
Bank Fraud (18 U.S.C. 1344)Like other forms of white collar fraud, the objective of bank fraud is to accomplish a desired result by deception, trickery, concealment, and/or dishonesty. With bank fraud, however, the intent or scheme must be to defraud a financial institution federally insured by the United States Government. The AUSA must prove beyond a reasonable doubt:
- The the defendant knowingly executed, or attempted to execute, a scheme or plan by means of false or fraudulent pretenses, representations, or promises;
- that the defendant acted with the specific intent to defraud;
- that the false pretenses, representations or promises tha tthe defendant made were material;
- that the financial institution was insured by the FDIC or an equivalent agency.
Bankruptcy Fraud (18 U.S.C. 152)The AUSA must prove beyond a reasonable doubt:
- That there existed a proceeding in bankruptcy;
- that certain property or assets belonged to the bankrupt estate;
- that the defendant concealed such property from the creditors, custodian, trustee, marshal, or other individual charged with control or custody of such property;
- that the defendant did so knowingly and fraudulently.
Computer Crime (18 U.S.C. 1030) Computer crime is an area of the law in which the government appears to be playing catch-up with the growth in new technologies. Some variations of computer crime are so new that there are no specific laws to address them, and general laws in existence do not seem adequate to proscribe the particular illicit activities.
Generally, conduct specifically outlawed by federal statute includes an intentional or knowing access of a computer to obtain confidential national security information, financial information of a financial institution or of a credit card issuer, information of a federal department or agency, or to commit fraud.
The California Penal Code also includes provisions covering computer crime. It is illegal to knowingly introduce a contaminant into a computer, computer system, or computer network. In addition, it is against state law to knowingly and without permission access a computer and damage, delete, destroy, or use any data, computer, computer system or computer network. It is unlawful to use computers as part of a scheme to defraud or to wrongfully control or obtain money, property, or data. A violation of this law subjects the offender to a range of sanctions depending on the specific violation, the value of computer services used, the amount of the injury, and whether it is the defendant's first violation of the statute. The maximum punishment is a fine not exceeding $10,000, imprisonment in the state prison for three years, or both.
EmbezzlementTo embezzle means to take another's money and property through abuse of an official job or position of trust. Embezzlement can take many forms. An accountant might use sophisticated methods to falsify records and skim profits. A bank teller might walk home with an extra 20 dollars from his or her drawer. Both of these actions constitute embezzlement.
False StatementsThe crime of making false statements is not specific to white collar criminals, but this crime is broad enough to encompass activities that might not be unlawful if not for associated false statements. To convict someone of false statements requires proof of a statement made willfully and knowingly that contains a false material fact or conceals a material fact.
FraudFraud is intentionally lying in order to induce someone to rely on the lie and part with something of value. Like embezzlement, fraud can be either complex or simple. The federal government has three general anti-fraud statutes for mail fraud, bank fraud, and wire fraud. Mail fraud has two elements: (1) a scheme devised or intending to defraud or for obtaining property or money by fraudulent means, and (2) using the mails in furtherance of that fraudulent scheme. The "scheme to defraud" element of mail fraud is deliberately broad. It encompasses a wide variety of criminal activity, including credit card fraud, securities fraud, medical drug fraud, and frauds based on political malfeasance. Because the mail fraud statute uses such broad language and because it is relatively easy to prove, mail fraud is one of the most common charges brought by federal prosecutors. Charges of mail fraud frequently are made even in cases in which more specific crimes have been charged.
The federal wire fraud statute is similar to the mail fraud statute, but requires an interstate or foreign transmittal of a communication by wire, radio, or television. The federal bank fraud statute criminalizes the conduct of any party who "knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution, by means of false or fraudulent pretenses, representations, or promises."
Obstruction of JusticeObstruction of justice is interference in one of the three branches of government. Obstruction of justice can take many forms, including assaulting a process server, improperly influencing a juror, stealing or altering a record of process, and obstructing a criminal investigation by officers of a financial institution. Picketing, parading, or using sound amplification devices in front of a courthouse, a building or residence occupied by a judge, juror, witness, or court officer may be prosecuted as obstruction of justice.
PerjuryFederal perjury laws penalize anyone who willfully or knowingly makes false statements under oath. The sworn statements may be written or oral and need not be made in court; a person may perjure himself or herself in deposition or written testimony. A related law against subornation of perjury makes it illegal for anyone to procure another person to commit perjury.
RICO Crimes (18 U.S.C. 1961-1963)"Racketeer Influenced and Corrupt Organizations Act"
To be convicted of a RICO crime, an AUSA must present evidence beyond a reasonable doubt:
- That the defendant was a person employed by or associated with the enterprise charged;
- that the enterprise was an ongoing organization, formal or informal, that functioned as a continuing unit;
- that the defendant participated in the conduct of the affairs of the enterprise through a pattern of racketeering activity. A pattern is defined as acts that are related to each other, and pose a threat of continued criminal activity; and
- that the enterprise was engaged in interstate commerce or that its activities affected interstate commerce.
Tax CrimesOften, people charged with other white collar crimes are accused of committing tax crimes also. Failing to file a tax return or filing a false tax return is a crime, as is interfering with the administration of the internal revenue laws. Specific laws prohibit obstruction, extortion, or bribery with regard to a tax official.
Victim's Rights: Under the California constitution, the Victim's Bill of Rights allows crime victims the right to counseling, assistance, and restitution. Victims of felonies may speak at sentencing and parole hearings. There is also a crime victim's fund set up to compensate victims of certain types of crime.
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