White collar criminal proceedings are often complex and multifold: not only can the same underlying crime be tried in both state court and federal court, but it can give rise to criminal, civil, and administrative proceedings. Is the prosecution handled by the state or federal government? White collar crimes can be prosecuted at either the… Read More
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California Mortgage Fraud
Mortgage fraud may be committed in many ways; perhaps by a single person or sometimes by a large number of individuals who are involved in the entire mortgage process. The most common examples of mortgage fraud as relates to individuals concern the following issues: (i) house flipping; (ii) acting as a straw buyer; (iii) misreporting… Read More
California Embezzlement Laws
Embezzlement charges are very serious. California law defines embezzlement as “the fraudulent appropriation of property by a person to whom it has been entrusted.” A physical act of taking does not need to have been committed. There are four basic elements that need to occur for an act of embezzlement to be established. First, the… Read More
New Dodd-Frank Rules Give Monetary Incentive to Whistle-Blowers
The U.S. Securities and Exchange Commissioners recently voted 3-2 to implement a new rule that allows corporate whistle-blowers to collect as much as 30% of penalties when they report financial wrongdoing. The rules implement Section 922 of the Dodd-Frank Act. The program was created to “reward individuals who provide the agency with high-quality tips that… Read More
Federal Bankruptcy Fraud
Bankruptcy fraud is a white collar crime that may involve such acts as intentionally filing false or incomplete forms, filing multiple times for bankruptcy in multiple states or the bribery of a court-appointed trustee. However, in the vast majority of the cases (close to 70%), the person or company accused of bankruptcy fraud is attempting… Read More
California’s White Collar Crime Enhancement Law ( P.C. 186.11)
In the state of California, a sentence can be greatly enhanced for a pattern of similar felonies. California’s penal laws contain a provision known as “The White Collar Crime Enhancement” or the “Freeze and Seize” law. In addition to sanctions imposed at the time of conviction, a person can be subject to extra terms of… Read More
What Is White Collar Crime?
Although there is no authoritative definition for it, white collar crime has been prosecuted with increasing frequency, especially in the wake of corporate scandals in the early 2000s and the recent economic downturn. Here, San Francisco white collar criminal lawyer Christopher Morales will explain to you what white collar crime is. Edwin Sutherland first defined… Read More
California Telemarketing Fraud
Since its heyday in the 1990s, telemarketing fraud has been scaled back due to increasingly strict regulation and enforcement, including several high-profile sting operations by the FBI. In such an environment, it is now more important than ever for California businesses that transact business over the telephone to ensure compliance with state and federal laws… Read More
Mail Fraud in the State of California
Mail fraud cases can be very complicated. Mail fraud involves using the postal service to commit an unlawful offense, to include sending false written statements by mail. Charges are most often used to bring a person under federal jurisdiction, and they are usually brought in conjunction with charges that are other serious white collar crimes…. Read More
Don’t Let Flying Land You in Federal Court
On May 8, 2011, Rageh Ahmed Mohammed Al-Murisi, was flying on American Airlines Flight 1561 from Chicago to San Francisco, when he allegedly arose from his seat and began knocking on the cockpit door. Passengers and flight crew members held Mr. Al-Murisi down until police arrested him when the plane made a safe landing at… Read More