White-collar criminal cases are notoriously complicated. The Federal Bureau of Investigation (FBI) defines a white-collar crime as an office that is “non-violent in nature” and that typically has a “financial motive.” These crimes can come in a wide range of different forms. At Stadlin Law Firm PC, we defend the full range of white-collar criminal charges. In this article, our San Jose criminal defense attorney provides an overview of the most common types of white-collar offenses.
The Most Common White-Collar Criminal Offenses in California
Insider Trading
Broadly defined, insider trading involves trading a public company’s stock or other securities based on material, non-public information. A person who has been accused of this unlawful practice can face serious legal charges. Penalties can include substantial fines, disgorgement of profits, and even imprisonment. You have the right to raise a strong defense. If you or your loved one is facing an insider trading charge, contact our San Jose white-collar criminal defense attorney for help.
Securities Fraud
Insider trading is certainly not the only type of investment fraud charge. Securities fraud is a broad category that includes deceptive practices in the stock or commodities markets. Most often, it involves the manipulation of information for the goal of misleading—and taking advantage of— investors. Any person facing a state or federal securities fraud charge is presumed innocent until proven guilty. Consult with our San Jose white-collar criminal defense lawyer today.
Money Laundering
Money laundering is the process of concealing the origins of illegally obtained money. Most often, the actual act of money laundering involves transfers with foreign banks and/or through legitimate businesses. Money laundering is a felony criminal offense. Though, there are a number of different defenses available. Any person facing this white-collar criminal charge in San Jose is presumed innocent until proven guilty. Contact our San Jose money laundering defense lawyer today.
Healthcare Fraud
Healthcare fraud involves filing dishonest health care claims to obtain a profit. It takes many different forms—from billing for services not rendered to misrepresenting non-covered treatments as medically necessary to falsifying a patient’s diagnosis to justify unnecessary tests. A person accused of health care fraud will often face both civil and criminal charges. Our San Jose white-collar criminal defense lawyer has the skills and experience to handle all types of healthcare fraud cases.
Insurance Fraud
Insurance fraud entails any act committed with the intent to fraudulently obtain payment from an insurer. Some examples of criminal insurance fraud include exaggerating claims and outright fabricating accidents. If you or your loved one is facing any type of insurance fraud allegation in Santa Clara County, consult with a San Jose white-collar criminal defense lawyer right away.
Identity Theft
Identity theft occurs when someone unlawfully obtains another person’s sensitive personal information—such as Social Security numbers, credit card details, a mother’s maiden name, etc—to commit fraud or theft. Notably, identity theft can involve opening new accounts, purchasing items, or obtaining services in the victim’s name. It is a serious crime that can lead to felony charges in California. Consult with our San Jose, CA, white collar criminal defense attorney today.
Embezzlement
Embezzlement is the act of withholding assets for the purpose of conversion (theft) of such assets by one or more people to whom the assets were entrusted. Embezzlement most often occurs in corporate or employment settings, where employees misuse or divert company funds for personal use. However, an employer-employee relationship is not required by law to justify the charge. Our San Jose white-collar criminal defense lawyer can take on all types of embezzlement cases.
Tax Evasion
Tax evasion is the illegal practice of individuals, corporations, and trusts not paying taxes. It involves dishonest tax reporting. Some common examples include failing to file a return at all, declaring less income, misstating profits/gains, and overstating deductions. Tax evasion can be charged as a felony offense. We defend tax fraud charges in San Jose.
Wire Fraud
Wire fraud occurs when an individual intentionally deceives others for personal gain using electronic communications or interstate communications facilities. Wire fraud is one of the most common white-collar criminal offenses. I can involve schemes conducted via phone calls, emails, faxes, or internet messaging. Many white-collar fraud cases are pursued by prosecutors using wire fraud charges. It is a serious felony offense.
Mail Fraud
Mail fraud is a fraudulent scheme to intentionally deprive another of property or honest services via mail or electronic communication. Notably, similar to wire fraud, mail fraud is generally a federal offense because it uses a federal agency (the U.S. Postal Service) to facilitate the crime. A person can be arrested and charged with mail fraud if they use a private mail service, such as UPS or FedEx.
A White-Collar Criminal Case May Be a State or Federal Charge
A white-collar criminal case can be prosecuted under California law or federal law. State charges are typically pursued for offenses occurring within a single state’s boundaries. In contrast, federal charges may be applied if the activity crosses state lines. Many white-collar crimes end up in federal court because mail fraud and wire fraud—the use of the mail, phones, or the internet to carry out —is considered a multi-state offense. These cases are highly time-sensitive. The sooner you consult with a San Jose white-collar criminal defense attorney, the better. When possible, it is best to work with a lawyer before any charges are filed.
Contact Our San Jose, CA White-Collar Criminal Defense Lawyer Today
At Stadlin Law Firm PC, our San Jose white-collar criminal defense attorney is an experienced, knowledgeable advocate for justice. If you or your loved one was arrested for insider trading, embezzlement, or any other type of white-collar offense, we can help. Call us now at (510) 859-3462 or use our online contact form for a strictly confidential initial appointment. With an office in San Jose, we defend white-collar criminal charges throughout all of Santa Clara County.
