San Diego White Collar Lawyer
White Collar Crimes in San Diego
White collar crimes in San Diego are non-violent crimes motivated by financial gain that involve committing a fraud or dishonesty in commercial settings. The scheme of white collar crime is unlawful gain by deception. These crimes typically involve a defendant taking money or property by deceiving the rightful owner of and converting it to their own personal use.
Actual Fraud:
The suggestion of something as a true fact, which is known to be untrue;
- Positive assertion of a known untrue fact making a person believe its true;
- The suppression of a true fact;
- A promise made without any intention of performing it;
- Any other act to deceive.
Constructive Fraud:
- Any breach of duty without intent to fraud, but still gains an advantage to the other person;
- Any act or omission that the law specially declares to be fraudulent, without respect to actual fraud.
White Collar Crimes Include the Following Offenses:
- Insurance Fraud
- Example: Staging an accident or filing a false insurance claim.
- Computer crimes
- Example: Making fraudulent purchases online.
- Check Fraud
- Example: Representing a check to be genuine knowing it is not.
- Credit Card Fraud
- Example: Using another person’s credit card information without consent.
- Forgery
- Example: Forging another person’s signature to cash in a check.
- Healthcare Fraud
- Example: Double billing or prescription fraud.
- Identity Theft
- Example:Escaping liability for a crime by taking another person’s identity.
White Collar Crimes Carry Licensing Implications
White Collar Crimes can have devastating effects on the career of a professional who gets investigated or charged with this offense. This is because these types of charges can have a significant impact on professional licensing and accreditation.
White Collar Crimes Carry Immigration Implications
White collar crimes are automatically considered crimes of moral turpitude because of the fraudulent nature of these offenses. Crimes of moral turpitude are offenses that the U.S. government considers go against society’s standards of morality. Crimes of moral turpitude are subject to removal or deportation proceedings.
The following defense strategies will help avoid immigration consequences:
- Amount of loss to the victim cannot exceed $10,000.
- Avoid pleading to an offense that has fraud or deceit as an element.
- Consider a related offense with less than one year sentence on a single count.
Your Best Defense against White Collar Crime Charges in San Diego
With vast experience which covers everything from welfare fraud cases to white collar crimes, we have the experience you need to help you fight those charges. At Monder Law Group we believe the best defense for white collar crimes is a strong offense. Unlike other criminal matters, the legal principals involved in white collar crimes are much more complicated and the amount of evidence is usually a long paper trail including vast amounts of documents. For this reason we do not rely on the police report and have private investigators to conduct our own investigation.
We also do not wait for you to be formally charged but start working on a mitigation packet immediately so that we may present the District Attorney’s office with a complete understanding of who you are. Often times a mitigation packet can make all the difference on what offense you are charged with, if at all.
