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An Overview of White Collar Crimes in Sacramento

March 21, 2024 Uncategorized

An Overview of White Collar Crimes in Sacramento

White collar crimes refer to nonviolent criminal offenses committed for financial gain, often by business professionals or government employees. These crimes usually involve some form of deception, breach of trust, or fraudulent activity. Common white collar crimes include embezzlement, bribery, fraud, money laundering, identity theft, and insider trading.

In Sacramento, white collar crimes make up a significant portion of criminal cases prosecuted each year. Both state and federal agencies pursue white collar crime investigations and charges in the Sacramento area. Some of the most common white collar offenses seen in Sacramento include:

Bribery

Bribery involves offering, giving, soliciting, or receiving something of value as a means to influence official action or decision-making. For example, bribing a government official to award a contract or obtain permits/licenses illegally.

In Sacramento, bribery charges often involve interactions with state or local government agencies. Several recent high-profile cases have involved bribery of Sheriff’s deputies in exchange for concealed carry weapon permits[2]. Bribery of a public official is a felony under California law, carrying up to 4 years imprisonment[3].

Skilled white collar defense attorneys understand how to approach bribery cases, such as focusing on the true intent behind any gifts/payments or contesting government stings. Viable defenses exist if the prosecution cannot prove a clear “quid pro quo” agreement.

Government Fraud

Government fraud refers to illegal schemes to obtain government funds or avoid paying taxes/fees. This includes fraud against federal agencies as well as state/local governments.

Some examples of government fraud seen in Sacramento include:

  • Contract/grant fraud – falsifying information to win a government contract or grant
  • Payroll fraud – lying about number of employees/hours worked to increase government payments
  • Tax evasion – hiding income or assets to avoid paying taxes
  • Benefits fraud – providing false information to obtain government aid/benefits

Depending on the amount of loss, government fraud can lead to either misdemeanor or felony charges. Even simple tax evasion over $950 is a California felony[4]. At the federal level, prison sentences of 5-10 years are common in fraud cases.

Skilled defense lawyers can identify procedural flaws or unreliable evidence in fraud investigations. In tax cases, they may negotiate amnesty programs to avoid criminal prosecution. Thorough preparation and investigation is key to defending against government fraud charges.

Money Laundering

Money laundering involves concealing the source of illegally obtained funds and making them appear legitimate. This may include practices like funneling money through shell companies or mixing legal/illegal funds in a business.

Sacramento sees frequent money laundering charges due to its proximity to major ports of entry for drugs, weapons, and other contraband. Much of this activity stems from organized crime and gangs in the region. State charges for money laundering can lead to 2-4 years imprisonment[5]. Federal charges ratchet this up to 10-20 years per offense[6].

An experienced criminal defense lawyer can identify weaknesses in the prosecution’s tracing of funds and transactions. In some cases, they may demonstrate a defendant had no knowledge funds were from illegal activities. Negotiating plea bargains is also common to reduce charges/penalties.

Insider Trading

Insider trading refers to buying or selling securities based on confidential or “inside” information that gives an unfair advantage. For example, a company employee trades stock based on upcoming news before it’s made public.

Sacramento has a significant number of public companies in finance, real estate, agriculture, and other sectors. The U.S. Attorney’s Office actively pursues insider trading cases involving these companies. Charges may include securities fraud, wire fraud, and racketeering.

Experienced securities attorneys can challenge the standards used to determine what constitutes “material non-public information.” They identify flaws in electronic surveillance methods used by investigators. And they negotiate more favorable outcomes by cooperating with authorities.

Cybercrime

Cybercrimes involve illegal activities carried out using computers, networks, or devices. This includes hacking, malware attacks, online scams/fraud, and data breaches.

As a technology hub, Sacramento sees widespread cybercrime activity. Local prosecutions focus on financial fraud, theft, and damage caused by cyberattacks. Federal prosecutors pursue charges like wire fraud, computer intrusion, and aggravated identity theft.

Defense lawyers zero in on flaws in digital forensic analysis tying suspects to cybercrimes. If devices were searched without warrants, evidence may be suppressed. In online fraud cases, they can show users were unaware of scams perpetrated using their accounts.

Environmental Crimes

Environmental crimes include the illegal discharge of pollutants, improper waste disposal, smuggling endangered wildlife, and other offenses.

Sacramento’s natural resources make it a target for environmental crimes. Recent cases have involved hazardous material dumping, diesel truck emissions tampering, and illegal marijuana grows polluting state/federal lands.

Skilled lawyers negotiate with prosecutors to minimize charges and penalties in exchange for swift compliance and cleanup efforts. They may also demonstrate defendants were unaware of illegal activities or unable to prevent environmental damage.

Defense Strategies

Facing white collar crime charges in Sacramento requires an attorney with experience dealing with local prosecutors and knowledge of both state and federal laws. Be sure to seek out lawyers with specific backgrounds handling your type of alleged offense.

Ask about their trial record and history negotiating favorable plea agreements. Find someone you trust to handle the sensitive details of your case discreetly while advocating aggressively on your behalf.

Don’t wait to seek out skilled legal representation if you believe you are under investigation or may face charges. An experienced white collar defense lawyer can often intervene early to prevent charges from ever being filed.

With the right legal support, even serious white collar allegations can often be resolved through alternatives like deferred prosecution that avoid the lasting consequences of criminal conviction. Your choice of attorney will be one of the most important decisions in fighting white collar crime accusations.

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Todd Spodek

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RALPH P. FRANCHO, JR

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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