White collar crimes happen each day among professionals – doctors, accountants, research analysts, human resources representatives, government employees and other business people who have jobs in office or administrative settings. Boertje & Associates are called on to defend individuals who face white collar crime charges. The following will discuss some of the common white collar crimes in San Diego.
What is White Collar Crime?
White collar crimes are illegal but non-violent acts involving lying, cheating, concealing, or stealing. White collar crimes are usually financial in nature and are motivated by financial gain.
The punishments for white collar crimes include jail time, fines, and the requirement to pay the stolen money back. Often times, those who are accused of white collar crimes are good, law-abiding citizens who simply made a mistake.
Common White Collar Crimes
- Fraud. An act of fraud occurs when someone harms someone else to gain an unfair advantage. This includes tricking or deceiving someone, as well. California recognizes different types of fraud such as insurance fraud, real estate fraud, financial fraud, and identity theft.
- Embezzlement. California law defines embezzlement as misappropriation of funds or property that belongs to another. When an employee uses funds in a way that was unauthorized, and the funds were entrusted to that employee, the employee is guilty of embezzlement.
- Money Laundering. Money laundering is hiding the sources of money that was illegally obtained. This is a white collar crime that can be difficult for the prosecution to prove. Many money laundering cases fail based on lack of intent.
- Perjury. Perjury is intentionally providing false information or misrepresenting yourself while under oath. More information can be found under California Penal Code 127.
Defending Against White Collar Criminal Charges
There are several strategies that an experienced criminal defense attorney will use to fight white collar accusations. These strategies include:
- Working with experts such as forensic accounting specialists
- Collecting records and following the paper trail
- Proving lack of intent
- Showing lack of sufficient evidence on the part of the prosecution
- Contending mistaken identity
- False accusations
A knowledgeable criminal defense attorney knows the ins and outs of white collar crimes and how to defend against these charges. The attorney should work creatively and as quickly as possible in the cases. With an attorney by your side, you will be able to move forward with your life and clear your name. Continue reading