San Diego White Collar Crime Lawyer
White collar crimes are non-violent, financially motivated crimes. They are often complicated and difficult cases for both the defense lawyers and the prosecution. Many white collar cases come down to the specific intent of the person accused of the crime, and proving that intent can be increasingly difficult, particularly in cases involving computer and Internet-related physical evidence.
Working with a qualified criminal defense attorney who has experience in defending white collar crimes is a major asset in any type of white collar case. Not only will you have legal counsel you can rely upon, you will have competent representation in court that may help you avoid serious penalties.
jD LAW, P.C. is experienced in defending all types of white collar crimes, including:
- Insider Trading
- Money Laundering
In California, bribery may carry a prison sentence of up to 15 years and fines up to 3 times the amount of the bribe. Bribery occurs all over the world, in all aspects of politics, international business deals, and legal proceedings. It is estimated to be at about $1 trillion each year. Money, goods, services, property, and preferment are all common valuables used in bribery. Both the person offering and the person accepting can be held accountable. In fact, even attempting to bribe a person in an official or public capacity is a crime.
Bribery can occur in a variety of settings and penalties will usually depend upon who was bribed as well as the amount of bribe offered. Some types of bribery include:
- Bribery at a sporting event, of a referee, umpire or other official
- Bribery of a witness during a criminal or civil trial
- Bribery of a law enforcement officer
- Bribery of a judge, jury member or lawyer during a trial or criminal proceedings
- Bribery of any public official or any person acting on behalf of the U.S. government
Embezzlement occurs when an employee or person in a position of power or trust uses his/her position or familiarity with a company to redirect or transfer money or goods for personal use. In any embezzlement charge, early intervention by a San Diego defense lawyer is crucial. By working with a lawyer before charges are filed, you have the chance of proving your innocence or of negotiating a settlement without having to go to court.
If you have been accused of embezzlement, you may face harsh consequences. Usually dependent upon the amount of money or goods taken and the offender's criminal record, an embezzlement conviction in California will lead to a minimum of 16 months in state prison, restitution (payment for damages or losses suffered by the company), fines and probation. In addition, your reputation will be tainted, making it difficult for you to find work.
Extortion is a white collar theft crime that occurs when a person obtains money or the official act of a public officer by using threat of force or threats to the victim's reputation. Blackmail is a form of extortion wherein the offender has information that is embarrassing or damaging to the victim's reputation and uses the threat of exposure of that information to obtain money or services. Extortion charges are serious and carry heavy penalties.
Even the attempt to extort carries a county jail sentence of up to one year and fines of up to $10,000. Under California law, a typical extortion charge is a felony offense and carries a state prison sentence of two, three or four years. In addition, the person convicted of extortion may face fines, probation or parole, restitution and counseling. The gravity of penalties will depend on the circumstances, including the defendant's prior criminal record.
Insider trading is meant to protect consumers and investors from investment and securities fraud and is meant to stop people who have inside or confidential information about companies or stock to benefit financially from information that is not publically available. The SEC (Securities and Exchange Commission) typically governs all issues regarding insider trading. With any insider trade charge, the intent of the defendant must be proven.
The defendant must have:
- Had the intention of personally profiting from trading;
- Willfully used confidential or private information to buy or sell; and/or
- Willfully used confidential or private information to advise others to buy or sell.
If you have information that may qualify as insider trading if you use it in the stock market, it is important to consult a lawyer who can advise you as to what your options are. It may be that the information you have will not qualify as insider trading or that you can legally buy or sell stock even with the knowledge you have. If you are under investigation for insider trading, your attorney may be able to help you so charges are never formally filed.
Money laundering is a process by which a person or organization attempts to conceal the source of illegally obtained funds. This is done through a series of complex financial transactions that make the money appear to have originated from legitimate sources. While money laundering used to be related to various types of organized crime, the scope has expanded to include any type of business, organization or enterprise.
You may face the following repercussions for money laundering:
- Years behind bars
- Fines of up to $250,000 or $500,000
- Additional fines for related crimes
Your overall sentence will depend upon the value of money involved and your prior criminal record. Most financial penalties are based off the amount laundered, either by multiplying it by three or five times, or by using the guideline for the maximum penalty.
As in any criminal trial, the burden of proof lies strictly with the prosecutor, who must prove beyond a reasonable doubt that you have been involved in a money laundering operation. It is vital that you have a skilled defense lawyer who is highly proficient in cross-examination and defense case presentation. By working with our firm, you could increase the possibility of a favorable plea bargain or the opportunity to get your charges dismissed.
Money laundering is often related to other crimes, which means you could be facing serious criminal consequences for multiple charges. If you are facing alleged Patriot Act violations, accused of having engaged in illegal wire transfers, or any financial transaction in which the source of the funds is criminal activities such as the illegal drug trade or other type of similar activity, you need an attorney on your side who knows the federal criminal justice system.
Counterfeiting is a felony theft offense that is filed in cases in which it is believed that the accused has created fake money, stock certificates or bonds with are then exchanged for cash or used to purchase goods. This is a federal crime, as it involves legal tender. Prison terms for counterfeiting are extensive, and a conviction can lead to many years in federal prison, as well as forfeiture of assets such as property and bank accounts, based upon the scope of the operation, the number of bills produced, and other influencing factors.
Although the U.S. government is intent on creating money that is difficult to copy, technological advances in recent years have made it less difficult, and there has been a rise in the instances of counterfeiting. You may have been in the wrong place at the wrong time, or may have been completely unaware that you were using counterfeit money, and received it and used it to purchase items innocently. Whatever the case, you need to call on our San Diego criminal defense attorney for counsel right away.
While counterfeiting once referred only refer to money, it now refers to goods as well. Counterfeit designer clothing and accessories has been on the increase in recent years, and there are special task forces involved in seeking out those who produce, import or sell counterfeit designer clothing, purses, shoes, watches, jewelry and other items. We can defend you against charges related to counterfeit money, securities, or goods.
In working with jD LAW, P.C., you will experience quality service and dedicated representation by a well-respected professional. Attorney James N. Dicks has a specific pool of specialists that he can call upon to help him build a defense. This is particularly useful in white collar crimes, where intent and evidence play a large part in proving your innocence or guilt. Contact the firm at (760) 630-2000 today if you are interested in finding out what we can do for you!
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