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| Credit Card Fraud | Insurance Fraud |
| Petty Theft | Embezzlement |
| Mitigating Factors | Consequences Of A Crime |
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 your San Diego White Collar Defense Attorney, we can protect your rights if arrested, charged or under investigation for any white-collar crime, including:
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 &/or being investigated for credit card fraud, call SPITAL AND ASSOCIATES to protect your rights and obtain effective legal counsel and to develop a successful defense.
Commonly, anyone who uses 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, 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, selling &/or trafficking credit cards and/or being in possession or control of materials that are commonly used to counterfeit credit cards you need 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, arrested &/or have been charged with credit card fraud, you need the aggressive and experienced services of Spital and Associates. Call now for a free consultation from our Managing Attorney at 619.583.0350.
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 &/or you are being charged with insurance fraud, call Spital and 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 &/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 US Attorney). Moreover, a civil lawsuit can be filed by the insurance company involved to seek recovery of any money paid &/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 &/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 &/or loss of a vehicle); (2) making a personal injury claim (faking an accident, fabricating &/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.
California Penal Code 484 & 488 defines 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:
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, Sam Spital.
If you are being investigated, accused, arrested &/or have been charged with the crime of embezzlement, Call Spital and 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 &/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 that 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 &/or being investigated for embezzlement, call now and speak to the Managing Attorney at Spital and 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.
Our role as your skilled, experienced and effective San Diego White Collar Crime Attorneys, San Diego Theft Lawyer 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 and, of course, more:
•· Actual or potential harm to the public;
•· Prior overall criminal record, if any;
•· Level of compliance with sentence and terms of probation;
•· Prior arrests of record;
•· Number and/or variety of current violations or charges (counts);
•· Nature and severity of the offenses or crimes under consideration;
•· Rehabilitation and remorse;
•· Time passed since the underlying act and offense;
•· The degree of financial benefit to the defendant;
•· Whether the conduct demonstrated cruelty;
•· Whether the defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime;
•· Whether the defendant is ineligible for probation;
•· Whether the defendant made restitution to the victim;
•· Whether the crime involved violence, bodily harm, threat of bodily harm, or other acts disclosing a degree of cruelty, viciousness &/or callousness;
•· The defendant was not armed with or used a weapon at the time of the commission of the crime;
•· The defendant 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;
•· The defendant did not induce a minor to commit or assist in the commission of the crime;
•· The defendant was not 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 crime was carried out does not indicate planning, sophistication, or professionalism;
•· The crime did not involve an attempted or actual taking or damage of great monetary value;
•· The degree to which the defendant took advantage of a position of trust or confidence to commit the offense;
•· The defendant has not engaged in violent conduct which indicates a serious danger to society;
•· The defendant has not served a prior prison term;
•· The defendant was not on probation or parole when the crime was committed
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:
If you are investigated or arrested for any white collar crime, contact us at 619.583.0350 or send an e-mail now so that we can help.
Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101
Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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