White-collar crimes refer to crimes that do not involve violence and are mainly committed by government or business officials to benefit financially. There are various types of white-collar crimes, and the punishment depends on the severity of the crime. The crimes can be prosecuted by the local prosecutors, the DA, or the federal government.
White-collar crimes are taken seriously, especially if the defendant has violated federal law. You risk losing your job, and you may be banned from getting hired by potential employers. Contact us at The California Criminal Lawyer Group in Sacramento for legal representation if you are being investigated for a white-collar crime.
White-collar Crimes Overview
In California, there are various types of white-collar crimes. In most cases, these crimes involve property or money that has been entrusted to a person, like a receptionist, accountant, or employee. Theft by pretense, embezzlement, and fraud, are some of the significant categories o white-collar crimes in California. Any time a person does something that causes unfair benefits to themselves as they cause other people harm, they commit a white-collar crime. The desire to avoid criminal liability and financial gain are the most common motives behind a white-collar crime.
CA Penal Code 548 – Abandoning or Damaging a Car for Auto Insurance Fraud
A person can be convicted for violating PC 548 if they willfully dispose of, abandon, secrete, destroy, or injure a property that has been insured against embezzlement, theft, damage, any casualty, or loss with the aim to prejudice or defraud their insurer.
However, for a defendant to be prosecuted under this statute, the prosecutor must prove the following elements beyond a reasonable doubt. They must prove that the defendant:
- Acted willfully — This means that they acted intentionally/ on purpose.
- Disposed of, hid, injured, or abandoned.
- A property that is insured against casualty, embezzlement, loss, or theft.
- With the intention of causing the insurer harm.
Under this statute, the “intent to defraud” means that you, as the defendant, had the intention to deceive your insurance provider into causing damage to their property or financial rights or into making them loss money.
Even if the insurance provider does not loss money, you can still be convicted for abandoning or damaging a vehicle under PC 548 regardless of whether the defendant owned the car.
You can also be convicted under PC 548 even if your insurance policy is invalid. Still, you committed the offense intending to obtain money from your insurance provider because you thought your policy was valid.
Auto Insurance Fraud Description
There are various ways you can be found guilty for violating PC 548 in California, including the following:
- If you hide, injured, or abandoned an insured property intending to defraud your insurance provider.
- Intentionally present the insurer with a false claim for payment.
- Issue the insurer with several insurance claims for the same loss intentionally.
- Cause an accident with the intent to collect money from your insurance provider.
- Intentionally submit false claims for a vehicle’s loss of content.
- Knowingly preparing a statement for a fraudulent insurance claim.
Also, note that the person who committed the crime can be arrested alongside anyone who conspired with, abets, aids, or solicits the defendant.
Abandoning or Damaging a Vehicle Penalties
Violating PC 548 is charged as a felony in California, and you are likely to face the following:
- Imprisonment for five years in county jail.
- Fines of $50,000.
Note that the judge can choose to put you on formal probation instead of jail time. You could also face two additional years in jail if you have a previous felony conviction for auto insurance fraud.
Common Defenses For Penal Code 548
There are various defense strategies that a skilled criminal defense attorney can use against your charges. They include:
- Lack of intent — As stated above, for you to be convicted under PC 548, you must have the intention to defraud the insurance company. Your attorney can make a reasonable argument that your actions lacked this crucial element. You cannot be convicted for this crime if the prosecutor cannot prove that you acted with intent beyond a reasonable doubt.
- False Allegation — An experienced criminal defense attorney may be able to argue that they were accused falsely. Someone may be looking for a way to get revenge, or they may be jealous and choose to accuse you. Again, if the prosecutor cannot prove that you committed the crime, there is a good chance of avoiding the conviction.
- Lack of Probable Cause — Before you are arrested and detained for a crime, the arresting officers must have a probable cause. Your criminal defense lawyer may argue that there was no probable cause which means that any evidence obtained following an illegal arrest will be excluded. And the exclusion of evidence means that your charges will be reduced or dismissed.
Related Offenses
Several offenses are closely related to PC 548, including:
- False report of vehicle theft — PC 10501.
- Kickbacks from an Auto shop — PC 551.
- Fraudulent Auto Insurance claim — PC 550.
- Accepting Auto Insurance Fraud Business — PC 549.
Embezzlement (CA Penal Code 503)
Under this statute, it is a crime for someone to unlawfully take property that has been entrusted to them by another person.
For you to be convicted under penal code 503, the prosecutor must beyond reasonable doubt prove these elements:
- You were entrusted to the property by its owner.
- The owner trusted you, and that is why they did so.
- You used the property for your benefit or converted the property fraudulently.
- You intended to deprive the owner of its access.
The prosecutor must not prove that the owner asked you to give them back their property because asking is not an element.
Here are the legal definitions of:
Relationship of trust — The prosecutor must be able to prove trust between you and the owner of the property for you to be convicted for embezzlement. Here are a few instances that show a relationship of trust between the two parties:
- If the defendant is employed by the property owner.
- If the defendant is given temporary possession of the property by the owner.
- The defendant’s work is to manage the owner’s property or money.
In an employee-employer relationship, there must be evidence to prove the trust. A person cannot be convicted for embezzlement just because they were employees at the owner’s place of work. For instance, Mike is employed at a restaurant as a waiter, and his main tasks are to serve customers. (this alone does not show the relationship of trust between Mike and his employer.) But if Mike is also in charge of depositing the restaurant’s money in the bank, he and his employer have a trust relationship.
Fraudulently Used — Under PC 503, you act fraudulently when:
- You take undue advantage of someone else, or
- Breaching confidence, trust, or a duty to cause loss to another person.
For example, Sara, a housekeeper, is given money by her employer to buy toiletries; she decides to buy fewer things and use the other money to clear her bills. Sara is breaching confidence and is taking advantage of the family.
Intent to Deprive — You can only be convicted under PC 503 if you intend to deprive the owner of the property of its use or access. Even if your intent was temporary, you could still be convicted.
Embezzlement Penalties in California
If charged with embezzlement in California, you can be punished for petty theft or grand theft, depending on the type of property in question and its value.
You will face grand theft charges if the property:
- Was a firearm,
- An automobile, or
- Property worth over $950.
If you face grand theft charges, the crime is charged as a wobbler, which means the judge can decide to charge it as a misdemeanor or a felony. If you are charged with a misdemeanor, you will face county jail imprisonment for one year. If charged with a felony, you can face imprisonment of up to three years.
If you are charged with petty theft, it means the value of the property in question is below $950, and the charge is treated as a misdemeanor. You are likely to face six months in county jail.
Legal Defenses for PC 503
Some of the common defenses that your criminal defense attorney can use to fight your charges for Penal Code 503 are:
- Lack of fraudulent use — One of the main elements for this crime is using the property or money fraudulently. Your criminal defense attorney could use this defense against your charge if you did not take undue advantage of someone else or make another person lose their money or property by breaching a duty.
- You had no Intent to deprive — You can only be convicted under this statute if you had the intent to deprive the owner of their property. Your attorney can argue that you did not show the intent to deprive the owner of their property. For instance, you took the property as a joke.
- Good faith belief — If you acted with a good faith belief and had a right to the property, you cannot be convicted for violating PC 503. Your attorney can argue that you acted out of good faith, but you were mistaken.
Related offenses
The common crimes related to embezzlement include:
- Penal code 424 — Misappropriation of public funds.
- Penal code 459 — Burglary.
- Penal code 504 — Embezzlement by a public officer.
- Penal code 470 — forgery.
Forgery CA Penal Code 470
Various acts can lead to your conviction under PC 470. Some of these actions include:
- Forging, altering, or falsifying specific documents.
- Falsifying or changing any legal documents.
- Forging or counterfeiting another person’s handwriting or seal on certain documents.
- Signing another person’s name without their authorization.
Some of the documents mentioned above include contracts, bonds, property deeds, money orders, or checks.
For you to be convicted under PC 470, the prosecutor must beyond reasonable doubt prove the following:
- You committed any of the above offenses, and
- You acted with intent to defraud someone else.
Legal Definition of “intent to defraud.”
Under PC 470, you will be charged for the intent to defraud if:
- You deceive someone or lie to them.
- Do so, so that you can deprive them of the use or access of the property or cash.
You are still said to have acted with this intent even though:
- Nobody was defrauded.
- Nobody suffered property or financial loss.
Forgery Penalties
In California, forgery is handled as a wobbler. Meaning the judge can either charge it as a misdemeanor or a felony.
If charged with a misdemeanor for forgery, you are likely to face:
- Informal probation.
- Detainment in county jail for one year.
- Fines of up to $1,000.
If charged with a felony, you are likely to face:
- Fines of $10,000.
- Detainment in county jail for three years.
- A formal probation.
Note that you can only face misdemeanor charges if:
- The document in question is a money order, check, on an instrument worth not more than $950.
Legal Defense for PC 470
The common defenses for this crime include:
- You did not have the intent to defraud — one of the key elements of forgery is the intent to defraud. You have a solid defense if you can prove that you did not have the intention to defraud. For instance, if you can prove that you forged a document as a prank.
- You were accused falsely — Legal deals and complex business in the workplace are some of California’s significant forgery causes. Some cases result from a person accusing their colleague falsely to cover up for their guilt. You can use this defense against your charges if you can prove that you were accused falsely.
- Coerced confession — You can only use this defense if the judge charged you after a confession. In California, the authorities are prohibited from using extra force to coerce a confession. If you can prove that you were coerced into confessing by the authorities, the following is likely to happen:
- The judge may choose not to use the confession as an evidence.
- The case may be dismissed if you did not commit the crime.
Health Insurance Fraud Penal Code 550
PC 550 warns against fraudulent conduct regarding multiple insurances. Different health insurance frauds are prohibited in other code sections. They include:
- CA Penal Code 550(A)(1) — This statute prohibits you to intentionally present a false claim for an injury or loss payment. In other terms, this statute makes it a crime to claim benefits from a health insurance policy for a fake injury.
For example, you can be convicted under this statute if you got injured at home and present a claim for benefits under a plan that protects you against being injured at your place of work.
- CA Penal Code 550(b)(1) — This statute makes it illegal to present any statement supporting a claim for money, and you know that the report or information is misleading. In other words, it is unlawful to make a false statement to claim money from the wrong benefits.
For instance, you can be convicted under this statute if your insurance provider issued you with a questionnaire regarding your plan and you fill it with false information.
- CA Penal Code 550 (B)(3) — This statute prohibits concealing or intentionally failing to disclose any happenings of an event that may affect another person’s right to an insurance benefit. In simpler terms, it is illegal failing to disclose any essential information about a person’s eligibility to an insurance policy.
Health Insurance Fraud Penalties
These fraud offenses are considered wobblers meaning the judge can charge you with a felony or a misdemeanor.
Penal Code 550(a)(1), Penal Code 550 (B)(1), or Penal Code 550 (b) (3) are charged as felonies in California, and the charges include:
- Two to five years of sentence in state prison.
- Fines of $50,000.
If charged with a misdemeanor for fraud, you are likely to face:
- One year sentence in county jail.
- Fines of $10,000.
Health Insurance Fraud Defenses
If you are facing health insurance fraud charges, there are some legal and factual defenses that your criminal defense attorney can use to fight your charges. They include:
- Your claim is not fraudulent — If you can prove that your claims are legit and not fraudulent. The best way to do this is by presenting your medical records or testimonies from medical professionals.
- You were not in the right mental state — You can use this defense against all the above health insurance fraud statutes. You can argue that the incident causes mental torture, and when filing the claim, you were not in your normal thinking space.
CA Penal Code 529, False Impersonation
False impersonation is defined under PC 529 as someone who personates another person falsely in their official or private capacity does the following:
- Become surety or bail for someone in a court proceeding.
- Acknowledge or verify another person’s name, or a written document with the intention of it being used.
- Commits any acts where the party that is personated falsely can be liable to pay money, penalties, conviction, or incur a loss.
For you to be convicted for false impersonation, the prosecutor must prove that:
- You impersonated someone else their private or public capacity falsely, and
- You acted in a way that made the other person liable or led to some benefits for yourself.
The two main elements that must be proven for you to be convicted under this statute include:
Falsely personate someone else means that you impersonate another person falsely with the intent of deceiving another person.
“Performed an extra act” means that you did something else apart from identifying yourself as another person or presenting proof to claim another person’s identity.
Note that the “additional actions” have to:
- Cause financial or legal liability to the impersonated person, and
- Result in personal benefits for yourself.
False Impersonation Penalties
False impersonation is handled as a wobbler in California, meaning the prosecutor can charge you with a felony or a misdemeanor. Your criminal records play a huge part in the type of charge you receive. If you have been convicted before for a false impersonation, you are likely to face more severe punishments.
If you are charged with a misdemeanor for false impersonation, you are likely to face:
- One year sentence in county jail.
- Fines of up to $10,000.
On the other hand, if you are convicted of a felony, you are likely to face:
- Three years sentence in county jail.
- Fines of $10,000.
- Formal probation.
False Impersonation Defenses
There are various defenses that your criminal defense attorney can use to fight your charges, some of which include:
- No Additional Act — For you to be convicted under PC 529, you must have committed an additional act. This must be a separate and distinct act, like doing something illegal and blaming someone else. If you or your attorney can prove that you did not commit the additional act, your charges may be reduced.
- You did not cause any Liability or benefit — Apart from committing an additional act, the act must cause the other person some liability and benefit you. You can argue that your impersonation acts were a joke or prank and that you did not benefit from the act.
Other related crimes include:
- False identification to police — Penal Code 148.9.
- Identity Theft — Penal Code 530.5.
- Impersonating a police officer — Penal Code 538.
Find a White Collar Criminal Defense Attorney Near Me
White-collar crimes are severe offenses with severe punishments. A criminal conviction can change your life which is why it is important to consult the California Criminal Lawyer Group in Sacramento immediately after your arrest or after you learn of the charges filed against you. If you are in the Sacramento area, our experienced attorneys will help you prepare a solid defense to fight your charges and ensure you get the justice you deserve. Contact us today at 916-775-7660 for a free and confidential consultation.