San Diego Fraud Attorney
Aggressive Defense from Our San Diego Defense Law Firm
If you are under investigation for or have been accused of fraud, it is
of the utmost importance to contact a capable lawyer immediately. Fraud
is a federal offense and can carry harsh penalties, including years of
incarceration in a state prison, fines and more. San Diego Criminal Attorney
James N. Dicks has experience in dealing with federal investigators and
prosecutors and won't back down simply because they use aggressive
interrogation techniques or try to intimidate you into accepting a plea
bargain. There are many forms of fraud, which can be committed by any
group of individuals, any company, or any organization that deceives consumers,
clients, or investors.
These types of fraud include, but are not limited to, the following:
- Accounting Fraud
- Bank Fraud
- Credit Card Fraud
- False Charities
- Government Fraud
- Investment Fraud
- Mail Fraud
- Mortgage Fraud
- Wire Fraud
If you have been charged with the crime of organized fraud,
contact JD Law for the legal guidance you need! Our firm offers completely free and confidential
Accounting Fraud Charges
Misusing and misdirecting funds, along with overstating assets and revenues
and understating liabilities and expenses, comprises accounting fraud.
This "creative accounting" creates a deceiving image of a company's
success and serves to defraud investors, customers, and shareholders.
Most often perpetrated by executives in public companies, accounting fraud
can total in thousands to millions or even billions of dollars of losses.
Most often, restitution, along with jail or probation, is the sentence
for an accounting fraud charge. But when the amount of restitution required
is more than all of your personal assets combined, what can you do?
In the case of accounting fraud charges, federal crimes investigators and
prosecutors are often involved. In these situations, the SEC or other
government agencies may have spent months and even years amassing evidence
against a person or company. These agencies will not press charges or
make the case public in any way until they have a strong case backed by
physical evidence. Government prosecutors will likely show no leniency
in negotiating a settlement or alternative or lessened sentencing in case
of a trial.
Bank Fraud Charges
Bank fraud, or defrauding a federally insured bank, is a
federal offense that can carry a state prison sentence of up to 20 years and/or fines
of up to $250,000. If you have been accused of bank fraud of any kind,
it is of the utmost importance to contact a skilled San Diego criminal
defense attorney who has experience in fraud defense and
With any bank fraud charge comes pressure and attention from federal investigators
and prosecutors. These federal agencies may have spent months or years
building evidence and a case against you. Fortunately, Attorney James
N. Dicks has the resources and personnel needed to conduct our own investigation
and find any instances where your rights may have been violated or may
be able to prove that you did not commit bank fraud at all.
Bank fraud can refer to any defrauding or providing false information to
a bank, credit union or savings and loan association. Common forms of
bank fraud include:
- ATM fraud
- Online bank fraud
Forging signatures on checks
- Creating counterfeit checks
- Deceiving a bank in a real estate or mortgage loan application
Credit Card Fraud Charges
Credit card fraud is an increasing form of fraud and identity theft that
involves either generating fake credit cards or stealing credit card information
from other people. This most often occurs over the Internet but can also
occur by a credit card being physically stolen. While the public as a
whole is becoming increasingly aware of credit card fraud, new software
and technology have enabled credit card fraud to continue to occur.
We defend all types of credit card fraud cases, including:
- Stolen credit cards
- Fake or counterfeit credit cards
- Computer-generated card numbers
- Credit card fraud through the mail
- Fake websites or site cloning to get credit card information
- Fake businesses created to obtain card information
Government Fraud Charges
Tax fraud, false or overstated invoicing for government contracts, and
health care fraud all fall under the category of government fraud and
are viewed as federal crimes. Government fraud cases must be handled by
an attorney skilled in defending federal cases.
There are many forms of fraud against the government that we can represent:
- Tax fraud cases involving individuals or organizations
- Health care, Medicare or Medicaid fraud charges
- Overstated invoices or fraudulent practices involving federal agencies
- Fraudulently reported inventories of federally regulated materials such as drugs
Investment Fraud Charges
Investment fraud, or securities fraud, involves deceiving investors into
investing in a company that has been misrepresented, in a situation where
the seller failed to fully disclose the actual financial condition of
the company, or as a result of a number of other violations, with the
investor usually losing the money contributed to the company or firm.
There are many regulations on:
- What type of investor can be contacted
- The words that can be used by the salesperson
- What the broker says about the investment
- How the investment must be presented
Any violation in investments and securities is heavily punished and the
individual may be forced to suffer years in federal prison, as well as
losing all personal assets, if the court believes this is warranted. The
scope of the operation, the individuals involved, and any earlier violations
can make the defense of the case more complex.
In making any type of investment, the consumer/investor has a responsibility
to investigate the company before making a decision. By using the defense
of the obligation to investigate, your attorney may be able to prove that
you did not intentionally or willfully defraud an investor. In addition
to using forensic evidence and witness testimony to support the case for
your defense, there are opportunities for success in federal court.
Mail Fraud Charges
Every year, thousands of people are arrested for suspected mail theft throughout
the United States. Stealing mail and using mail as a means to defraud
are both federal offenses that are harshly penalized. Mail fraud occurs
when mail is used to defraud people, and can actually encompass a wide
variety of white collar crimes, all committed through or using the mail,
such as credit card fraud, investment fraud, prescription drug fraud, and more.
While mail fraud crimes are usually easy to prove with physical evidence,
federal prosecutors still have the task of proving intent. In order to
be convicted of mail fraud, you must have intentionally and purposefully
defrauded or attempted to defraud by means of mail. You must have planned
to commit fraud and intentionally created a scheme for your personal gain.
Mortgage Fraud Charges
In today's declining real estate market, many brokers, loan officers,
and realtors find themselves the targets of investigations intended to
expose mortgage fraud. Almost anyone involved in the process of a mortgage
loan or real estate transaction is potentially liable.
Individuals at risk of such charges include the following:
- Mortgage brokers
- Real estate agents
- Loan officers
There are many defense techniques we can use—from disproving evidence
the prosecution provides to using constitutional rights violations to
suppress evidence or information. For instance, the prosecution must prove
your intent in mortgage fraud. It is not enough to simply have the paperwork
that shows you provided fraudulent information on any loan document, real
estate application or mortgage loan application. The prosecution must
prove that you intentionally and purposefully misreported financial or
other information in order to defraud.
Organized Fraud Charges
Organized fraud is an increasingly common occurrence. Often organized groups
from other countries will defraud Americans using get-rich-quick schemes,
phishing or other forms of communication to fraudulently obtain financial
information. Companies and organizations within the United States have
also been accused of and convicted for organized fraud. A not-for-profit
organization or charitable group may be accused of using donations and
government grants for personal profit, or may be accused of overbilling.
Wire Fraud Charges
Wire fraud occurs when a person knowingly defrauds or attempts to defraud
a person or persons by using interstate wire communications such as the
- Internet Modem
This is a federal offense and is punishable by up to 20 years in state
prison, along with fines. If a financial institution is affected, this
is punishable by a state prison sentence of up to 30 years and/or a fine
of up to $1,000,000. In addition to being backed by federal crimes law
enforcement authorities, wire fraud charges are complex and often involve
extensive federal investigations long before charges are ever filed.
To discuss your case in a free, confidential consultation,
contact our firm.