Fraud Crime Charges

San Diego Fraud Crime Attorney

You need to consult with a San Diego fraud crime lawyer for defense help if you
are charged with any types of fraud or scam. The law offices Of Thomas P.
Matthews is a respected law firm that has helped people like you get a
second chance and avoid jail. Please contact us immediately for 24/7
free consultation after reading to understand more about fraud.

Acts that result in unfair benefits to self or cause harm to another are
deemed as frauds in California. This wide scope works effectively to
lower fraudulent acts, although it may not deter them completely. Heavy
penalties are set up to penalize fraud crimes based on the stated
motives. Penalties upon conviction of violating fraud laws in California
include long imprisonment and heavy fines.

Types of San Diego Fraud Crimes We Aggressively Defend You Are Mail,
Credit Card, Securities/Investment, Mortgage, Healthcare, Insurance,
Healthcare Fraud etc.

Fraudulent acts are also known as white collar crimes where personal financial gain is sought. Many fraudulent acts in California are prosecuted under
the state’s Theft Laws as well as the Penal Code for forgery or perjury.
However, many fraud crimes committed in California are wobbler offenses
which can be prosecuted as misdemeanor or felony offenses by the prosecutors.

Many of fraud cases may be classified as federal crimes where the case is
heard in the state and federal courts which subject the defendant to
more penalties upon conviction. Fraud offenses in California are
seriously viewed with convictions subjecting to removal or deportation
even for legal residents.

Certain fraud offenses would invoke a revocation of professional license in a business related fraud case. The government is empowered to seize monies or properties involved in the fraudulent act as authorized under the state fraud laws.

Mail fraud is also called postal fraud. This is a serious federal crime
which could be charged against anyone that misuses the US post office or
private mail carrier for some illegal activity. Sending or receiving
materials that could be instigated to commit fraud is a crime classified
as mail fraud.

However, it does not limit the crime to the postal agency alone; it could also
be a white collar crime which could be tried as a federal crime in
California that brings on heavy penalties;

  • Maximum 20 years in federal prison
  • Heavy fines

The best defense for mail fraud is an expert criminal defense lawyer in
mail fraud who has the license to represent the defendant in the US
federal courts. Such a defense lawyer would be well versed with the
federal court proceedings and federal laws to put up a strong defense
for the benefit of the defendant.

Insurance fraud is a crime in California where improper activity is related to:

  • Auto insurance
  • Property insurance
  • Homeowners insurance
  • Health insurance
  • Life insurance

The charge could be a simple falsification of information on an insurance
policy resulting in payments not entitled to. Varying degrees of insurance fraud crimes include:

  • Arson
  • Property destruction
  • Theft
  • Faking accidents or injuries

The primary intention of an insurance fraud in California is to collect
large insurance policies which may otherwise be not available or
entitled. Individuals and companies are investigated by several branches
from the Department of Insurance with the law enforcement to confirm
insurance fraud crimes before they are charged and prosecuted in the
court of law to the fullest extent. Besides criminal charges filed
against the offender, the insurance company could file a civil lawsuit
under RICO against the same offender. The consequences would be high
payments on damages by the convicted parties.

Such charges should be handled by expert criminal defense lawyers in
California to dismiss or reduce the charges through diligent and
in-depth investigation on the defendant. These lawyers are apt in
negotiating for lower penalties even if the defendant could be guilty of
such crimes.

This is commonly known as medical insurance billing fraud. It is part of
insurance fraud crime which is targeted at securing free medical
insurance to treat health issues that are costly. Healthcare fraud is
also known as:

  • Health insurance fraud
  • HMO fraud
  • Medicare fraud
  • Medi-Cal Fraud

The rising cost of living and impending inflation pushes many people to
commit healthcare fraud as the heavy medical expenses are difficult to
be borne from personal finances. A lot of Americans today are attached
to a government medical insurance program or some private medical
insurance company such as Medicare or Medi-Cal but the payment
processing system is quite complicated. This encourages many healthcare
frauds to happen with the confusing bureaucracy of medical bills.

However, the same system could also mislead the authorities in accusing innocent patients of healthcare fraud which could be honest mistakes. Good
defense lawyers are required to clear the accusations for alleged
offenders.

Credit Card Fraud

As society becomes more affluent in science and technology, it is not
surprising to note the increasing number of credit or debit card fraud
across the globe. This activity is illegal as it involves the
intentional misuse of credit or debit card facility or information that
would incur financial detriment to the owner.

A credit/debit card fraud crime could include:

  • Using someone else’s credit or debit card without the owner’s knowledge or permission
  • Using an expired or revoked credit/debit card
  • Falsifying information in an application for credit/debit card

A strong defense on a credit/debit card fraud crime charge should include:

  • A case of mistaken identity on the defendant
  • Proving a ‘no-intention’ to defraud the credit/debit card company
  • Wrong accusation by police in the arrest or by the credit/debit company

Most credit/debit card frauds are charged as a category D felony with
imprisonment and fines as well as victim restitution program.

Welfare Fraud ( Recipient, Internal)

Welfare fraud in California comprises:
1) Recipient fraud
2) Internal fraud

Such frauds are considered as crimes committed when false or incomplete
information is given to secure welfare aid, free food stamps or medical
benefits from Medi-Cal programs which the individuals may not be
legitimately entitled.

Most welfare fraud crime charges tend to be open to the prosecutors’ discretion in filing the case as misdemeanors or felonies.

Penalties upon conviction to a welfare fraud crime include:

  • Probation
  • Fines
  • Restitution
  • Jail time

Leniency on penalties is possible with a quick repayment of monies taken through welfare frauds with the assistance of defense lawyers.

Securities/Investment Fraud

Security frauds are crimes committed by anyone who manipulate illegal money raising schemes. Such frauds could be committed by qualified and
knowledgeable bankers, lawyers, managers, business entrepreneur or
employers/employees.

Penalties for security frauds are heavy even though the crimes could be charged as misdemeanors or felonies. The definition of securities in security fraud crimes is extremely complex in which the California Supreme Court exercises discretion on convictions and penalties on a case by case basis.

A security refers to a business arrangement in which the ownership stake
in the business is parked under an individual to be entitled for a repayment of debt. This could refer to:

  • Stocks in a company
  • IOU note from company to individual
  • Profit sharing certificate
  • Limited liability company benefit
  • Benefits from a limited business partnership

Securities fraud is difficult to pinpoint because its definition is not clear. Many securities-related incidents need not be a fraud by law.

Real Estate and Mortgage Fraud ( Foreclosure, Rent Skimming, Forged Deeds).

Real estate fraud or mortgage fraud is part of criminal frauds in California. Categories of real estate/mortgage fraud include:

  • Mortgage fraud
  • Foreclosure fraud
  • Rent skimming
  • Real estate deeds fraud
  • Property flipping

These real estate frauds could be charged and prosecuted under the California:

  • Civil code 2945.4 for foreclosure fraud
  • Civil code 890 for rent skimming
  • Penal Code 115 PC for forged deeds
  • Penal Code 487 PC for grand theft

Criminal charges are imposed on offenders of real estate frauds to invoke penalties that include:

  • Maximum jail time of one year in county jail
  • Maximum fine of $1000 for misdemeanor convictions
  • Maximum 3 years jail time for felony convictions

The Penal Code 487 PC is strictly executed in California on many forms of
real estate/mortgage frauds. This is the California grand theft law
which encompasses real estate fraud by false pretenses.

Legal Defense Approach For Fraud Charges

Certain factors must be set in place to prove the innocence of the fraud
defendant. It is crucial for the defendant to be proven:

  • A lack of fraudulent intention to commit the fraud crime
  • A victim of mistaken identity
  • Innocent until proven guilty by compelling evidence
  • An entrapment stemming from coercion

Contact Our San Diego Fraud Lawyer for Free Consultation Today!

Our lawyers at the Law Offices of Thomas P Matthew are experienced with fraudulent acts defenses for all types of fraud crime charges.
CALL: (619) 378-9990

 

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