White Collar Crimes
Kraut Law Group is a premier Los Angeles white collar crime law firm. As a top rated fraud defense attorney in the Los Angeles area, Mr. Kraut has a reputation that causes law enforcement, prosecutor and judges to seek his representation for their family members when they get in trouble with the law. Mr. Kraut is a former prosecutor in the Los Angeles District Attorney's Office elite Major Frauds Division. As a white collar crime attorney, he handles many complex fraud cases.
Over the past several years the courts are punishing these crimes more severely. It is more important than ever that a person who is charged with one of these crimes hire an attorney that has extensive experience in handling these cases. Los Angeles White Collar Crime Lawyer Michael Kraut handles complex fraud and financial crime cases and has successfully tried a 10 defendant White Collar jury trial. Prior to opening the Kraut Law Group, Mr. Kraut was a senior trial attorney for over 14 years with the Los Angeles District Attorney's Office where he was assigned to the elite Major Frauds Division prosecuting complex white collar crime cases in Los Angeles. Prior to becoming an attorney, Mr. Kraut worked for one of the largest financial investment firms in the United States.
The term White Collar Crime was first used in the 1930's relating to non-violent crime that was being prosecuted. Often times these crimes were charged when more serious violent crimes could not be proved. There are several crimes which fall under this category. White Collar crimes in California are prosecuted by the Federal Government, the District Attorney's Office and the local prosecutor's office. Most of these crimes are non-violent and concern the property or money entrusted in the hands of an employee. The most common form is embezzlement. This crime is usually charged against a person who holds a position of trust within an organization. Many times bookkeepers, accountants, payroll clerks, etc are charged with this offense.
There has been a significant increase in Medical insurance fraud prosecutions. In many cases Medi-Cal and Denti-Cal insurance fraud resulted in prison terms for doctors and dentists who have been convicted of these crimes. Chiropractors have also been targeted for prosecution resulting from allegations of false or misleading billing. These crimes are prosecuted by the United States Attorney’s Office, the District Attorney’s Office and the Attorney General’s Office. These prosecutions usually begin when a search warrant is issued for documents from the professional offices of the doctor, dentist or chiropractor. Medical Insurance Fraud Defense Attorney Michael Kraut has handled many of the high profile criminal defense cases involving these medical professionals.
The crime of embezzlement can be charged as a misdemeanor or felony. The penalties include jail or prison sentence, fines and restitution. Most people charged with white collar crimes have never had any interaction with the criminal justice system. Many individuals being investigated know that they are being looked at by the government. It is important for those people to hire a white collar crime attorney in Los Angeles as soon as they know they are being watched rather than waiting until charges are filed. Oftentimes, a good Los Angeles white collar crime attorney is able to meet with the investigators and convince them that charges should not be filed.
White Collar crimes are charged just like any other type of crime. The person being accused of these charges has the same legal defense and protections that apply in any other criminal matter. However, the legal principles and theories are much more complicated and the amount of evidence is usually vast amounts of paper and documents. Oftentimes the suspect of the investigation makes a statement to the investigators that seals their fate. Many times investigators cannot show the required mental state, or intent, without the suspect statement. Oftentimes suspects will be subpoenaed to a grand jury to testify about their involvement in a white collar crime. These people need proper representation from a white collar crime lawyer in Los Angeles to protect their rights.
An arrest or conviction of one of these types of crimes can have devastating effects on a professional investigated or charged with an offense. The government can utilize forfeiture laws immediately after charges have been filed taking away your home and property. These types of charges can also have a significant impact on professional licensing and accreditation. Please click on the links below under the name of the crime for additional information on that specific crime. Other types of white-collar crimes include the following:
- Extortion - Penal Code Section 520
- Receiving Stolen Property - Penal Code Section 496(b)
- Forgery - Penal Code Section 484i
- Credit Card Fraud - 484e
- Embezzlement - Penal Code Section 487(a) or Penal Code Section 504
- Health care fraud
- Identity Theft - Penal Code Section 530.5(a)
- Extortion - Penal Code Section 518
- Workers Compensation Fraud
- Bribery - Penal Code Section 67 PC or Penal Code 68 PC
- Commercial burglary - Penal Code Section 459
- Insurance fraud - Penal Code Section 550
- Mail fraud - Penal Code Section 530.5(e)
- False Financial Statement - Penal Code Section 532a(1)
- Income tax fraud
- Computer Access and Fraud - Penal Code Section 502(c)
- Money laundering
- Perjury - Penal Code Section 118
- Insider trading
- Financial crimes
- Grand theft - Penal Code Section 487(a)
- Possession of fraudulent access cards
- Mortgage fraud
- Welfare Fraud - Welfare and Institutions Code Section 10890(C)(2)
In Los Angeles, bribery is one of the most prosecuted white collar crimes in Southern California. The crime is committed when one person illegally gives another person some item of value, including money or services, in exchange for that person to either change an opinion or provide an item that they would not have given without the bribe. The person who gives the item as well as the person who receives the item can be charged with bribery.Los Angeles Embezzlement Law
The crime of embezzlement is prosecuted in Los Angeles by either the Los Angeles District Attorney or the United States Attorney. Embezzlement in Southern California has been on the increase over the last 10 years. It is committed when a person who is given responsibility or permission to oversee another person's property or money takes the property or money for their own gain. This could include theft by a bank employee or from an accounting firm.Los Angeles Computer Crimes Law
As one might expect, computer crimes have significantly increased over the last few years due to the advancement in technology. They can occur when a person uses a computer to access the internet to send a virus, hack into another person’s computer or network, or use another person’s computer without their permission.California Extortion Law
Extortion is a white collar crime prosecuted in Los Angeles. The crime is committed by using fear or a threat of violence on another person to gain property from someone else. Extortion can occur whether the violence occurs or simply by the threat of the harm.California Forgery Law
The crime of forgery is prosecuted by the District Attorney, the Los Angeles City Attorney, or the United States Attorney. The crime of forgery occurs when a person alters or creates a written object and then posses it or uses the object to commit a fraud. The object can be a check, credit card, or other financial instrument.Fraud
The crime of fraud is a committed when a person knowingly misrepresents a fact in order to gain a benefit for themselves or for another person’s benefit. The fraud may occur when a person falsifies either a statement or other object to obtain some valuable goods or services.Insurance Fraud
Insurance fraud is becoming the number one fraud throughout Southern California. The white collar crime is often committed by business professional, lawyers, doctors, chiropractors and others who make claims for injuries or damages that really did not occur. The goal of the prosecutor in these cases is to prove that the policy holder intended to defraud the insurance company to ear monies that they are not entitled.Larceny
The crime of larceny has greatly increased throughout the Los Angeles area. The crime is simply taking property or goods away from another person with the specific intent not to return the items. Larceny can be either a misdemeanor or a felony. If the theft is over $400 then the crime is a felony.Perjury
The crime of perjury has only recently been classified as a white collar crime. The crime is committed when a person intentionally lies either in writing or orally while under oath. The oath can be either in a court when the statement is sworn, or in writing when the person understand the serious nature of the proceedings and still lies. Perjury in Los Angeles is a felony and punishable by a state prison commitment o 3 years.Tax Evasion or Tax Fraud
Tax evasion is committed when a person intentionally fails to claim income or property of a certain value on their tax return. The crime can be prosecuted at the state or Federal level. This crime, if convicted, will result in a lengthy prison sentence.The Criminal Process: From Arrest to Expungement
Los Angeles White Collar Crimes can vary in many respects from the type of crimes charged by the prosecutor, to the range of punishments. In most cases, the more serious the fraud or the more complicated the illegal plan, the greater chance that the Government will seek extensive prison time.
White Collar cases are generally treated the same throughout Southern California. The prosecutor can charge many crimes as either felonies or misdemeanors. However, the process is generally treated the same. Criminal Fraud cases are generally investigated for a significant length of time before law enforcement refers the case to the prosecutor for a criminal filing. For that reason, your Los Angeles white collar crime lawyer will play a major role very early in the process. As soon as a person learns that they are being investigated or a search warrant is executed, a Pre-filing White Collar defense attorney should be retained. Early intervention can result in no charges being filed, or a reduction in the possible crimes that the prosecutor decides to file.
After an investigation is concluded, then the police will seek an arrest warrant. If a judge determines that there is probable cause that a crime was committed then a warrant will issue. At that time, a person will be arrested and remain in custody until they post bail. In White Collar criminal cases throughout Southern California, the prosecutor will usually file a motion pursuant to Section 1275 of the Penal Code. This section requires that the prosecutor inspect the source of the bail to make sure that no money used for bail came from illegally obtained funds. For example, monies obtained from embezzlement or from theft by false pretenses cannot be used to post bail.
After a person is released on bail, a court date will be scheduled. The first court date is called an arraignment. At this hearing, the judge will formally inform the person of the charges filed by the prosecutor in the form of a complaint. Then the court will ask for a plea of either guilty or not guilt. If the person pleads not guilty then the case will proceed to the next stage. Bail is also be argued at this point.
After the arraignment the judge will set the case for either early disposition court or for a preliminary hearing if the case is a felony. If the case is filed as a misdemeanor then the case will be set for pre-trial so that the discovery process can begin.
If the case is a felony then the preliminary hearing must occur within ten (10) days of the arraignment unless the defendant waives time to continue the case. At the hearing the judge will listen to the evidence and will make a determination if there is probable cause to believe that a crime was committed and if the person charged was the one who committed the crime(s).
If the judge holds the person to answer for any of the charges, then the case will proceed to the felony arraignment ten (10) days after the conclusion of the preliminary hearing. At the Superior Court arraignment the prosecutor will file a felony information listing the charges proved up at the preliminary hearing. At this hearing, the defendant will be given their constitutional rights and formally informed of all the charges. The defendant will once again enter a plea of guilty or not guilty. Bail can be re-addressed at this hearing. A felony case must be brought to trial within the next sixty (60) days unless the defendant waives time to continue the case.
The next court date is called the pre-trial conference. At this point both the prosecution and the defense have the opportunity to discuss the case with the judge and each other. Plea negotiations may occur at this point as well as additional discovery may be turned over to opposing counsel by either side. If the case cannot be resolved at this point in the proceedings, then the case will move towards the ultimate independent evaluation of the evidence, the trial.
The jury trial is where twelve (12) independent citizens will make a determination as to the validity of the charges. A defendant is entitled to a jury trial whether the case is a misdemeanor or a felony. After both sides present admissible evidence, then the jury will determine if the person is guilty or not guilty of the crime(s) charged. In order for the jury to find a person guilty, all twelve must unanimously agree that the defendant committed the crime(s) charged beyond a reasonable doubt.
If the defendant is found guilty then the case will be set for sentencing. At this point the defendant will learn the punishment that the Court will impose. But, if some of the jurors vote guilty but other do not vote the same way, then the case will be determined by the judge to be hung and the case may or may not be re-tried at the discretion of the judge. However, if all twelve jurors agree that the defendant did not commit the crimes, or that the prosecutor did not prove its case, then the defendant will be found not guilty and the case will immediately end.
If the defendant is found guilty then the case may be appealed to a higher court due to procedural or legal grounds. Even if the conviction is sustained on appeal, at a later point in time, after probation is terminated, the defendant may seek an expungement in California. The expungement is a process in which the judge reverses the guilty verdict and dismisses the case pursuant to Section 1203.4 of the Penal Code.Los Angeles White Collar Crime Law Firm
Los Angeles white collar crime attorney Michael Kraut was previously a prosecutor assigned to the elite White Collar prosecution team of the Los Angeles District Attorney’s Office. Now Mr. Kraut is committed to assisting his clients in every step of the process. Mr. Kraut aggressively protects his client’s rights and reputations. He has represented CEO’s and CFO’s who were either under investigation or charged with serious Southern California White Collar crimes. These cases are complex and require the knowledge and skills of a top notch attorney.
Criminal defense lawyer Michael Kraut completed his legal education at Harvard Law School and has the qualifications as a former White Collar prosecutor in the elite major Fraud Division to assist his clients in securing great results. He has the reputation and relationships with prosecutors, law enforcement and judges to best serve his clients. For more information about the various ways to handle a Southern California White Collar case, and to schedule your free consultation, contact Los Angeles white collar crime lawyer Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453 for a free consultation.
If you have been charged with a white collar offense in Riverside, San Bernardino, or Orange County, or Los Angeles it is important that you seek the services of a white collar criminal defense attorney with extensive experience with defending white collar cases. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system.