Los Angeles White Collar Crime Lawyer

Los Angeles White Collar Crime Attorney

There are a myriad of financial projects being created and developed in Los Angeles, as well as transactions taking place within and outside of the area. In some instances, business and financial ties can become complex, and the lines of legality can seem blurry. If you are facing criminal charges for a white collar crime, it is critical to seek support from a Los Angeles white-collar crime lawyer. An attorney from the Law Offices of Marc S. Nurik can defend your rights and reputation.

Facing white collar crime charges can be devastating and even unexpected; however, there are multiple strategies that your lawyer can launch to fight them. The white collar crime legal team at the Law Offices of Marc S. Nurik has years of experience helping our clients fight white collar charges ranging from securities fraud to insurance fraud and Ponzi schemes.

Whether you are facing California state charges or federal criminal charges, our legal team can analyze your case details and help determine your optimal defense strategy moving forward.

What Is a Los Angeles White-Collar Crime?

While many individuals have heard of “white-collar crime” and can provide examples, they might be unable to define the term. The term was invented in 1939 by Edwin Sutherland and refers to crimes that are committed by lying, violating trust, concealing facts, and using deceit. A white collar crime does not have to include physical violence or the use of force. In fact, white collar crimes are usually not violent crimes.

White collar crimes are committed in order to win a profit and are carried out in order to gain a competitive personal or business advantage, as well as to avoid losses of services, assets, or property. In a white collar crime, there is always involvement of a victim or victims who stand to lose a great capacity and can even face a complete loss of assets or property.

Victims could be a business, person, family, organization, or company. They could fall into a trap that causes them to lose everything in a family bank account, for example, or millions in corporate investments. Regardless of who the victim is, the losses incurred can be significant. With the rise in digitalization and advanced technology, white collar schemes are becoming more sophisticated, demanding the attention of federal agencies, such as the Federal Bureau of Investigation or FBI.

Who Commits White-Collar Crimes?

White collar crimes can technically be perpetrated by anyone; however, they are typically carried out by individuals who are working for a corporation or the government. The defendant in a white collar crime case can be an individual or a group of people who have taken illegal action to yield financial gains either indirectly or directly.

Many defendants facing charges may not have been aware of the fact that they were breaking the law due to the complexity of California state and federal financial-related laws.

The Main Categories of White Collar Crimes in Los Angeles, CA

All white collar crimes are carried out in order to seek profit. While profit is the unifying factor tying all white collar crimes together, the mode by which money is made can look drastically different from crime to crime. White collar crimes can be difficult to prosecute, as finding sufficient evidence to prove such a crime can be challenging. The main categories that classify white collar crimes committed in Los Angeles, CA, include:

Forgery is committed when a document, such as a contract or check, is modified to falsify relevant associated information or transfer ownership to another party. Such modifications can injure or defraud the recipient of the falsified piece. Examples include forging a check to cash it in a false proprietor’s name or manufacturing and selling a forged piece of art.

Insider Trading. Insider trading is a type of illegal trading of financial information within and outside of a company. If a stakeholder or employee uses certain information that is unknown to others in order to trade and make a profit, and they do not widely share this pertinent financial information, then it is considered to be insider trading.

Bribery is committed when an individual takes or offers something of a certain value to influence the actions of another individual. For example, a defendant may bribe someone in an attempt to force them to act in a certain way or express specific opinions. Bribery often occurs in the government when someone pays large sums of money to a politician to vote a certain way or implement a policy.

Fraud crimes involve inaccurately representing facts in order to subsequently make a profit. Fraud crimes typically involve intentional false statements. The victim may take the false statement to be true and use the false information to take an action that causes them to lose something.

• Wire fraud is a common white-collar crime that involves the use of telecommunication to trick someone into paying money online. The use of emails, social media, and other electronic forms of communication allows people who engage in this form of deception to reach thousands of people or more in quick succession. The fraudsters usually mimic legitimate businesses when seeking online payments from unsuspecting victims.
• Securities fraud, according to the FBI, covers a wide range of criminal acts. High-yield investment fraud involves the promise of high returns on investment. The perpetrators may contact someone via phone, email, or another form of messaging with offers of a great deal on securities, commodities, rare metals, properties, or other things of value that are commonly traded.Investors can lose the entirety of their investment through this type of scheme. Depending on how and where the crime is committed, securities fraud can be tried as a civil or criminal matter at the state or federal level.
• Money laundering involves the use of legitimate money transfers (both domestic and foreign) for the purpose of hiding currency that was taken through fraud. Once a crime takes place, investigators are usually able to locate the serial numbers on the cash currency that was stolen. The goal of money laundering is to trade the flagged currency for funds that have no ties to the original crime.
• Embezzlement is misappropriating funds that were entrusted to someone by investors. One example would be an investment banker who uses client deposits to pay personal debts. Even when the funds are paid back in full, the act of taking someone else’s money for personal reasons can still lead to embezzlement charges that can be brought as a misdemeanor or felony, depending on the amount of money taken and other factors.
• Insider trading involves the use of privileged information in the sale of stocks or securities. Often, the individual who engages in this type of criminal behavior works for the company in question or receives the information from an insider who works at the company that is tied to insider trading. Insider trading creates an unfair imbalance between legitimate investors who see value or risk associated with a company and someone who is in a privileged position of knowing private information about a company.

White collar crimes all have serious associated penalties, such as years in jail or prison and hefty fines. Furthermore, even an accusation of a white collar crime can lead to a tarnished reputation that can bleed into your social and family life. If you are facing criminal charges for a white collar crime, it is crucial to contact a white collar attorney from the Law Offices of Marc S. Nurik, who can help you fight the charges.

White Collar Crimes Charges That Our Los Angeles Attorney Can Defend

The white collar crime legal team at the Law Offices of Marc S. Nurik has years of experience helping our clients build optimal defense strategies to have their charges either reduced or dropped. Some of the following charges that our white collar crimes attorney has ample experience with defending include:

• Securities Fraud. Such fraud crimes require using manipulation, presenting false information, or carrying out other unlawful activities in commodities or stock markets in order to manipulate stocks and betray or cheat investors.
• Check Fraud. Check fraud happens when an individual modifies a check to gain access to financial assets or utilizes a check that is not their property in order to make monetary gains. Examples of check fraud include producing counterfeits, changing check amounts or banking information, and forging signatures.
• Consumer Fraud. Consumer fraud refers to any schemes implemented to defraud consumers, such as making false advertisements and not properly representing a service or product. By using consumer fraud, companies gain an unfair advantage over customers.
• Wire Fraud. Wire fraud involves using digital technologies to take assets or property from an individual or organization. This type of fraud usually involves deception or providing false information.
• Embezzlement involves someone taking advantage of a position of trust in which they have access to or authorization to manage certain funds. They leverage their power to push for personal financial gain.
• Mail Fraud. While less common in the digital age, mail fraud is still a common white collar crime that is committed through using the postal services. Offenders may attempt to deceive or provide false information to individuals in order to yield personal financial gain.

The aforementioned crimes are just a few of the types of white collar crimes that our Los Angeles legal team can help you defend against. When working with our team, you’ll be assured that we can pay attention to key details of your case, help you collect critical evidence to fight the prosecution and ensure that your rights are protected.

The Four Elements of White-Collar Crime

Understanding the four key elements of white-collar crime can help you prepare your defense. If any of these four elements are not present, the prosecution may have a weak case and an inability to pursue prosecution and sentencing. When reviewing your case, your white-collar crime attorney will consider whether these elements are present and which ones may be weaker than others.

1. Deception. What sets white-collar crimes apart from common business practices, in part, is the use of deception. Product manufacturers often stretch the truth when selling products. The line between salesmanship and deception isn’t always clear. Law enforcement and prosecutors consider the level of deceit, concealment of information, and misrepresentation when deciding whether to bring charges against a defendant.
2. Intent. This element is, in many ways, a cornerstone of white-collar offenses. Your defense attorney can explore whether you intended to deceive anyone. Proving intent can be difficult.
3. Violation of trust. Investment bankers, hedge fund managers, and other financial professionals are often charged with committing white-collar crimes. Being in a position of trust gives would-be criminals the upper hand when they engage in deceptive business practices because the victims trust them. Many prosecutors see charging those in power with abusing their power as a way to restore trust in the financial and banking systems.
4. Economic gain. The main motive behind white-collar crimes is financial gain. Prosecutors must prove that the defendant sought profits through deceptive business practices. Some white-collar charges, like wire fraud, can be brought even when the defendant didn’t profit from the fraud. The mere attempt to steal is enough to show a conspiracy to defraud existed.

These elements help differentiate white-collar crimes from other types of criminal activities. Your white-collar lawyer will work to poke holes in these four areas as a means of weakening the prosecutor’s case.

What Is the California Arraignment Process?

In Los Angeles, the arraignment is part of the lengthy legal process. It allows individuals who have been charged with crimes to become aware of their specific charges, rights, and bail. They may hire legal counsel and determine whether they will enter into a plea agreement.

The first step in the arraignment process involves a formal notification to the defendant of their charges from the court, which is considered to be a fundamental right under federal and state law. By clearly understanding the charges against them and their subsequent implications, defendants can become aware of the penalties that they may be facing and start to work toward planning their defense.

During arraignment, the court explains to defendants their rights, including the right to legal representation and the right to remain silent, which are constitutional rights. By understanding their rights, defendants can take action to protect themselves under the law and not further incriminate or implicate themselves in further crimes or charges.

Steps in the Arraignment Process

During the arraignment process, the defendant is given the opportunity to move into an initial plea in response to the presented charges. The pleas that they can traditionally offer are “no contest,” “guilty,” or “not guilty.” The defendant’s initial plea response lays the groundwork for the legal proceedings down the line and triggers the court to be able to begin scheduling trials, hearings, and other processes based on the plea.

If the defendant is in custody at the time of arraignment, they are presented with the opportunity to address bail. During arraignment, the court will make the decision about whether or not the defendant can be released on bail and what the bail amount will be. Bail deliberations are a critical part of the arraignment process, as they determine the extent of freedom that the defendant will have during the rest of the legal proceedings.

The defendant can declare their legal representation during the arraignment process. If they have already acquired an attorney, then the formal reading process can be waived, ultimately expediting the arraignment process.

Overall, arraignment is a critical part of a defendant’s legal proceedings that sets the stage for the development of their case and can influence the final outcome. If you are facing white collar crime charges, it’s critical to have an experienced and compassionate lawyer represent you through the arraignment process.

Punishments for Los Angeles White Collar Crimes

The punishment for a Los Angeles white collar crime can vary greatly depending on whether the charges are classified as a felony or misdemeanor. If a defendant is charged with a white collar misdemeanor, this is a serious crime that can result in detention in jail for a period of months, but never greater than a year. While defendants might only be charged with a misdemeanor white collar crime, their employer may choose to fire them due to their tarnished professional reputation.

White collar felony crimes are more serious and associated with more severe punishments than misdemeanor crimes. If convicted of a felony, the minimum time that an individual must spend in California state prison is one year. They will also likely have to pay large fines, which are dependent on the amount of assets involved in their case.

If convicted of a felony white collar crime, individuals can lose their professional licenses and face difficulty being hired again, especially in the same field where they were working prior to arrest.

Furthermore, convicted white collar felons can face challenges securing financial opportunities, such as loans for opening businesses or buying real estate. Overall, a white collar crime conviction can affect Californians professionally and financially, as well as personally, as a bad reputation could bleed into social circles.

The severe penalties and collateral consequences associated with white collar crimes illustrate the necessity to get in touch with a Los Angeles White Collar lawyer who can fight for your cause and defend your rights and interests at all costs. By working with an experienced attorney from the Law Offices of Marc S. Nurik, you can take steps to take back control of your life and your reputation.

FAQs

Who Deals With White-Collar Crimes?

Many counties have specialized white-collar crime investigation units. White-collar crimes are complex and often require enormous resources to investigate and prosecute. When the crimes involve federal laws or multiple states, federal departments like the FBI, Justice Department, or Secret Service may get involved.

What Is White-Collar Crime in Los Angeles?

A white-collar crime in Los Angeles is any crime that is nonviolent and seeks profit through deceptive business practices. On the outside, a white-collar crime may look like normal business. The elements of a white-collar crime are deception, criminal intent, breach of trust, and economic gain. Prosecutors have a high bar to meet when proving those elements are present.

What Is the Penalty for White-Collar Crime in California?

The penalty for white-collar crime in California depends on the crime and amount of money involved; it could be prosecuted as a misdemeanor or felony. Defendants with a past criminal record are more likely to face a felony. When large amounts of money are stolen, that can also increase the criminal charges and penalties. Anyone convicted of a white-collar crime could be forced to pay restitution to victims in addition to potential fines and jail or prison sentences.

How Will My White-Collar Crime Settle?

There are several ways that your case could be resolved. If the evidence supports your innocence, your attorney will fight to have the charges dropped. Many cases are resolved through the plea bargain system. It may be worth accepting a lower criminal charge in return for reduced penalties. A plea bargain could result in probation and fines.

Are White-Collar Crimes Hard to Investigate?

White-collar crimes are time-consuming to investigate and prosecute. Unlike a crime like aggravated assault that occurred once and was potentially recorded or witnessed, white-collar crimes often involve multiple complicated business transactions. Investigators have to understand banking and finance to understand what to look for, and even when there appears to be evidence, prosecutors may have difficulty proving criminal intent.

Work With a Los Angeles White Collar Lawyer From the Law Offices of Marc S. Nurik

If you are facing white collar crime charges in Los Angeles, you do not have to go through bureaucratic and legal processes alone. Many individuals who are charged with white collar crimes have never been exposed to the criminal justice system before and may be feeling overwhelmed and unsure about what steps to take to protect themselves.

A white collar lawyer from the Law Offices of Marc S. Nurik can guide you through the details of your case, help you understand your charges, and start working toward a strong defense that can optimize case outcomes. Don’t hesitate to get in touch with our legal team to get started today.