Samuel Eugene Spital |
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| Credit Card Fraud | Insurance Fraud |
| Petty Theft & Grand Theft | Embezzlement |
| Mitigating Factors | Consequences of a Crime |
White Collar Crime Charges in San Diego
A white collar crime is typically a financial or corporate crime, often carried out by deceptive means. Although white collar criminal charges are usually brought against individuals, corporations may also be subject to criminal penalties. These penalties may include fines and costs, home electronic monitoring, community confinement, forfeitures, restitution, supervised release, and imprisonment.
As a result of the rise in white collar criminal cases, choosing to make important decisions as San Diego White Collar Defense Lawyers requires knowing the art of persuasion and how to develop sound strategies. At Spital & Associates, we are competent and experienced criminal defense attorneys capable of handling cases in San Diego Superior Court, as well as the U.S. District Court, and providing a proactive and powerful defense.
Our role as the highest-rated San Diego Fraud, Embezzlement, Money Laundering and white collar criminal defense lawyers is to obtain all of the facts, to locate relevant financial and legal documents, and to present your case in the most artful and persuasive manner. Our passion, and dream, is to obtain winning solutions to make the difference between obtaining a successful outcome rather than a prison sentence.
Types of White Collar Crime Charges in San Diego
The No.1-rated attorney team at Spital & Associates includes seasoned lawyers with experience in both trial and appellate practice and two former Deputy Attorneys General from the State Department of Justice. The simple truth is you cannot afford not to obtain fine-quality, dedicated attorneys who live and dream their criminal defense work in San Diego, and for who defeat is not an option when representing clients in white collar criminal matters, such as:
- Accounting Fraud
- Bank Embezzlement
- Bank Fraud
- Bribery
- Complex Financial Fraud
- Credit Card Fraud
- Embezzlement and Internal Fraud
- False Claims
- Grand Theft
- Health Care Fraud
- Insurance Fraud
- Money Laundering
- Mortgage Fraud
- Official Misconduct
- RICO Violations
- Tax Fraud
- Welfare Fraud
At Spital & Associates, we represent San Diego white collar clients before the grand jury and during investigations by State District Attorneys and federal Assistant U.S. Attorneys. Additionally, we appear before nearly every single 45 difference California State Boards and State Agencies in disciplinary matters involving quasi-criminal cases. We provide legal advice and representation to clients involved in state administrative investigations, accusations, license application and renewals, as well as civil fraud or monetary penalty actions.
Credit Card Fraud Charges in San Diego
This is a crime that is considered a "white collar" criminal offense since it relates to either business or financial matters. If you are accused of and/or being investigated for credit card fraud, call Spital & Associates to protect your rights and obtain effective legal counsel and to develop a successful defense.
Commonly, anyone who uses someone else's lost or stolen credit cards to buy merchandise or services can be charged with credit card fraud, whether from a person or business establishment or on the Internet. In addition, anyone accessing a bank, ATM or credit card device by using another person's credit card, account number, or personal identification number (PIN) can be charged with credit card fraud in San Diego. Similarly, anyone selling and/or trafficking credit cards and/or in possession or control of materials that are commonly used to counterfeit credit cards needs a San Diego Credit Card Fraud Defense Attorney since these facts can be the basis for a charge of credit card fraud.
If you are being investigated for, or have been arrested and/or charged with credit card fraud, you need the aggressive and experienced services of Spital & Associates. Call now for a free consultation from our Managing Attorney at 619.583.0350.
Insurance Fraud Charges in San Diego
In the event you are being investigated, you are asked to give a statement in person (very likely to be under oath — under penalty of perjury), you are accused, you have been arrested for and/or you are being charged with insurance fraud, call Spital & Associates to protect your rights. You also need experienced and effective legal counsel to develop a proper and successful defense!
If you are alleged to have provided false information in connection with the application for or make a claim under an insurance policy in which you seek to and/or receive any payment to which you are deemed not entitled, you need to immediately call the San Diego Insurance Fraud Attorneys at 619.583.0350 for a free consultation.
Insurance Fraud crime cases are brought by law enforcement at both the State and Federal level (County District Attorney, California Department of Insurance, Office of Attorney General, and the U.S. Attorney). Moreover, a civil lawsuit can be filed by the insurance company involved to seek recovery of any money paid and/or damages under various statutes including the Racketeering Influenced and Corrupt Organizations Act (otherwise called RICO — see below for more information).
Commonly filed San Diego Insurance Fraud cases involve situations in which one is charged with seeking and/or conspiring to recover and collect damages under an insurance policy including one or more of the following: (1) bringing an automobile claim for property damages (theft, destruction, damage and/or loss of a vehicle); (2) making a personal injury claim (faking an accident, fabricating and/or falsifying physical or psychological injury); (3) bringing a claim under a homeowner's policy of insurance; or (4) making a claim under a health and/or life insurance policy.
Petty Theft Charges in San Diego
California Penal Code 484 and 488 define theft as the unlawful taking of another individual's property. The crime of theft varies based on the nature of the theft, the location of the crime and the value of the goods taken. The exact value of goods at which a petty theft becomes grand theft is $400. California petty theft will be charged when that property is valued at $400 or less. The typical shoplifting crime occurs in one of four ways:
- Taking and carrying away another individual's property without consent is theft or shoplifting. This is the most typical form of petty theft, usually seen in a shoplifting prosecution ("larceny").
- Changing the price tag on an item to pay a lesser amount for it ("trick") is theft.
- Theft is also depriving another of something after it was entrusted to you. A common example is when your employer gives you access to the checking account or a credit card and you use it for your own purpose or gain ("embezzlement").
- Making false representations to obtain possession and title to money, labor, personal property or land ("false pretenses") is another form of theft.
Petty theft or shoplifting is always a misdemeanor. Grand theft (offense over $400) may be charged as a misdemeanor or a felony, depending on (1) your criminal history, and (2) the circumstances of your case. This is called a "wobbler" in the law.
If you are investigated, accused, arrested or charged with petty theft, you need to immediately call the San Diego Theft Attorneys at 619.583.0350 for a free consultation with the Managing Attorney at Spital & Associates, Sam Spital.
Embezzlement Charges in San Diego
If you are being investigated, accused, arrested and/or have been charged with the crime of embezzlement, call Spital & Associates at 619.583.0350 and speak to our Managing Attorney to obtain aggressive and experienced services of our San Diego Embezzlement Attorneys.
Embezzlement is the taking of money and/or personal property to which one has been entrusted by an act of fraud or deceit. It most commonly arises during employment and the most typical cases involve accountants or bookkeepers, managers or supervisors, or an executive who is in a position of trust in a business. Because these crimes can involve serious time in jail or state prison in addition to restitution and monetary fines, you need the assistance of our highly experienced embezzlement crime defense lawyers.
Pursuant to Penal Code section 487, embezzlement is a crime of grand theft if the total amount involved is $400 or more in a period of 12 months. If you are accused of or being investigated for embezzlement, call now and speak to the Managing Attorney at Spital & Associates to protect your rights, obtain effective legal counsel and to develop your defense. As your San Diego Embezzlement Attorneys, we will fight for you whether you have been charged with a misdemeanor or felony.
MITIGATING FACTORS
Our role as your skilled, experienced and effective San Diego White Collar Crime Attorneys, San Diego Theft Lawyers and San Diego Fraud Defense Counsel is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following:
- The extent to which the theft, fraud, embezzlement, credit card fraud, insurance fraud, mortgage fraud, bank fraud, money laundering, bribery, welfare fraud, or other white collar crime involves actual or potential harm to the public;
- Whether the individual defendant charged with credit card fraud, insurance fraud, embezzlement, mortgage fraud, welfare fraud, bank fraud, money laundering, bribery, grand theft or other white collar crime has a prior overall criminal record, if any;
- The level of compliance with the sentence and terms of probation of the defendant accused of a white collar crime, such as welfare fraud, bank fraud, money laundering, bribery, embezzlement, grand theft, fraud, credit card fraud, insurance fraud, and mortgage fraud;
- The number and/or variety of current grand theft, embezzlement, credit card fraud, insurance fraud, mortgage fraud, theft, welfare fraud, bank fraud, money laundering, bribery, or other fraud violations or charges (counts) filed against the defendant;
- The nature and severity of the fraud, theft, welfare fraud, embezzlement, credit card fraud, insurance fraud, mortgage fraud, bank fraud, money laundering, bribery, or other white collar crime that is under consideration;
- Whether the defendant charged with credit card fraud, insurance fraud, embezzlement, mortgage fraud, grand theft, welfare fraud, bank fraud, money laundering, bribery, or another white collar crime has demonstrated rehabilitation and remorse;
- The time that has passed since the underlying grand theft, welfare fraud, embezzlement, credit card fraud, insurance fraud, bank fraud, money laundering, bribery, mortgage fraud, theft, or other fraud charge or offense;
- Whether the defendant who is prosecuted for fraud, grand theft, credit card fraud, insurance fraud, embezzlement, mortgage fraud, bank fraud, money laundering, bribery, theft or another white collar crime has any prior arrests of record;
- The financial benefit, if any, to the defendant accused of fraud, embezzlement, credit card fraud, insurance fraud, mortgage fraud, grand theft, bank fraud, money laundering, bribery, welfare fraud or another white collar crime and/or offense;
- The extent to which the conduct of the defendant who is prosecuted for grand theft, fraud, embezzlement, credit card fraud, insurance fraud, bank fraud, money laundering, bribery, welfare fraud, mortgage fraud or another white collar crime has demonstrated cruelty;
- Whether the defendant accused of fraud, credit card fraud, insurance fraud, welfare fraud, grand theft, embezzlement, mortgage fraud, theft, bank fraud, money laundering, bribery, or another white collar crime was suffering from a mental or physical condition that significantly reduced culpability for the crime;
- Whether the defendant who faces grand theft, welfare fraud, embezzlement, credit card fraud, insurance fraud, mortgage fraud, bank fraud, money laundering, bribery, theft, or another fraud charge or offense is eligible for probation;
- Whether the defendant has made restitution to the victim;
- Whether the defendant accused of a white collar crime and/or offense, including embezzlement, welfare fraud, bank fraud, money laundering, bribery, credit card fraud, insurance fraud, mortgage fraud, grand theft, fraud or other such acts, demonstrated a high degree of cruelty, viciousness and/or callousness;
- Whether the defendant charged with fraud, credit card fraud, insurance fraud, theft, grand theft, embezzlement, welfare fraud, mortgage fraud, bank fraud, money laundering, bribery, or another white collar offense was armed with or used a weapon at the time of the commission of the crime;
- The defendant prosecuted for theft, fraud, embezzlement, credit card fraud, welfare fraud, insurance fraud, bank fraud, money laundering, bribery, mortgage fraud or another white collar crime did not induce others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in its commission;
- Whether the defendant induced a minor to commit or assist in the commission of the crime;
- Whether the defendant who faces grand theft charges, embezzlement, credit card fraud, insurance fraud, mortgage fraud, bank fraud, money laundering, bribery, theft, or another fraud offense has not been convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed.
- The manner in which the white collar crimes and/or offenses such as theft, embezzlement, credit card fraud, insurance fraud, mortgage fraud, welfare fraud, grand theft, bank fraud, money laundering, bribery, fraud and other such conduct does not demonstrate planning, sophistication, or professionalism;
- The defendant accused of welfare fraud, grand theft, embezzlement, credit card fraud, theft, insurance fraud, mortgage fraud, bank fraud, money laundering, bribery, and other fraud violations did not take advantage of a position of trust or confidence to commit the offense;
- Whether the defendant who is charged with fraud, credit card fraud, insurance fraud, theft, grand theft, embezzlement, mortgage fraud, bank fraud, money laundering, bribery, or another white collar offense has engaged in violent conduct which indicates a serious danger to society;
- The white collar crimes and/or offenses such as embezzlement, bank fraud, money laundering, bribery, credit card fraud, insurance fraud, mortgage fraud, grand theft, fraud and other such acts and/or conduct were not of a defendant who has previously served a prior prison term;
- The defendant was not on probation or parole when the crime was committed
CONSEQUENCES OF A WHITE COLLAR CRIME
- County jail or state prison incarceration for bribery, bank fraud, credit card fraud, insurance fraud, money laundering and embezzlement, etc.
- A permanent criminal record for bank fraud, credit card fraud, insurance fraud, bribery, money laundering and embezzlement, etc.
- Significant fines for embezzlement, bribery, bank fraud, credit card fraud, insurance fraud, money laundering and other white collar crimes, etc.
- Probation or Parole for bank fraud, credit card fraud, insurance fraud, bribery, money laundering and embezzlement, etc.
- Mandatory courses and counseling for embezzlement, bribery, bank fraud, credit card fraud, insurance fraud, money laundering and other white collar crimes, etc.
- The defendant can lose his or her right to own a deadly weapon for embezzlement, bribery, bank fraud, credit card fraud, insurance fraud, money laundering and other white collar crimes, etc.
- Unable to obtain and/or difficulty with employment
- Lifetime revocation of the defendant's California Driver's License for embezzlement, bribery, bank fraud, credit card fraud, insurance fraud, money laundering and other white collar crimes, etc.
- Being subject to denial of a State Board license or having your professional license suspended or revoked (see http://www.spitalaw.com/ - Professional Licensing)
The Racketeer Influenced and Corrupt Organizations (RICO) Act
The Federal Government prosecutes organized crime under the Racketeer Influenced and Corrupt Organizations (RICO) statute (18 U.S.C. §1961-58(1994). These criminal cases call for lengthy prison sentences and huge fines. RICO violations can emanate from the following activities:
- Threats and conspiracies involving murder, kidnapping, gambling, arson, robbery, bribery, extortion
- Felonious manufacture, import, export, or sale of obscene matter or controlled substances
- Trafficking in stolen property, contraband or cigarettes
- Embezzlement, wire or securities fraud
- Falsifying ID documents
- Counterfeiting materials or currency
- Interference with commerce
- Racketeering
- Bribery
- Wagering
- Obstruction of justice
As San Diego White Collar Defense Attorneys, we can protect your rights if you have been arrested, charged or are under investigation for any white collar crime, including:
- Bank Fraud
- Credit Card Fraud
- Embezzlement
- Grand Theft
- Insurance Fraud
- Welfare Fraud
- Mortgage Fraud
- Money Laundering
- Theft Crimes
- Crimes Under RICO
- Bribery
- Official Misconduct
- False Claims
If you are being investigated for or have been arrested for any white collar crime, such as embezzlement, fraud, money laundering, bribery, grant theft, mortgage fraud, welfare fraud, insurance fraud, bank fraud, or credit card fraud, contact the San Diego White Collar Criminal Defense Attorneys of Spital & Associates at 619.583.0350 or send an e-mail now so that we can help.
