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White Collar Crime Defense
White collar prosecutions are document-heavy, paper-trail-driven cases that can span years. They demand defense attorneys who understand finance, regulatory frameworks, and federal criminal procedure.
Categories of white collar offenses
Embezzlement (PC 503)
Theft by a person in a position of trust. Charged as petty (under $950) or grand theft based on amount. Common in employee/employer disputes.
Forgery (PC 470)
Wobbler. Signing another\'s name, altering documents, passing forged checks. Felony exposure 16 months to 3 years.
Identity theft (PC 530.5)
Wobbler. Using another\'s personal information without consent. Federal parallel: 18 USC 1028.
Healthcare fraud (PC 550)
Insurance/Medicare/Medi-Cal fraud. Often federal under 18 USC 1347. Mandatory restitution. License consequences for medical professionals.
Money laundering (PC 186.10 / 18 USC 1956)
Disguising proceeds of criminal activity. Federal cases often parallel drug or fraud charges. Up to 20 years federal prison.
Securities fraud (Corp Code 25541)
Misrepresentation in securities transactions. Often involves SEC investigations parallel to criminal charges.
Tax evasion (26 USC 7201)
Willful attempt to evade taxes. Up to 5 years federal prison + restitution. IRS investigates first; criminal referral comes later.
RICO (18 USC 1961)
Federal racketeering. Used in organized fraud schemes. 20-year sentences possible.
Defenses
- Lack of intent to defraud
- Good faith reliance on professional advice
- Authority / consent of complaining party
- Statute of limitations (usually 3-6 years state, 5-10 years federal)
- Suppression of unlawfully obtained evidence
- Insufficient documentation
- Cooperation agreements (5K1.1)
Federal vs. state strategy
Federal cases have stricter sentencing guidelines but often more flexibility for cooperation. State cases may have more diversion options (especially for first-time offenders) but generally less leverage at the negotiation table. Choosing the right strategy depends on the specific facts and which prosecutor is involved.
Facing white collar charges? Contact our office. These cases require experienced defense from the investigation stage.
Frequently Asked Questions
What are common white collar crimes in California?
Embezzlement (PC 503), forgery (PC 470), identity theft (PC 530.5), grand theft by false pretense (PC 487), insurance fraud, healthcare fraud, securities fraud, money laundering (PC 186.10), tax evasion. Federal versions include 18 USC 1343 (wire fraud), 18 USC 1956 (money laundering), 26 USC 7201 (tax evasion).
What is the difference between state and federal white collar charges?
Federal charges typically involve interstate commerce, federal programs (Medicare, IRS), federal agencies, or large-scale fraud. Federal sentencing is generally harsher, but federal cases often involve more discovery, longer timelines, and more negotiation opportunities.
How long do white collar cases take?
Federal white collar cases routinely take 18–36 months from indictment to disposition. State cases may move faster (6–18 months). Lengthy investigations often precede charges — some defendants are aware of investigations for years before indictment.
Can I cooperate with prosecutors to reduce my white collar sentence?
Yes — cooperation (5K1.1 substantial assistance motion in federal court) can dramatically reduce sentences. But cooperation is a one-way door — once you start, you can't un-cooperate. ALWAYS consult an attorney before any communication with investigators.
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