Penal Code 186.11 PC | White Collar Crime Sentencing Enhancement

Penal Code 186.11 PC: California’s White Collar Crime Sentencing Enhancement

In California, Penal Code 186.11 PC is known as the “white collar crime sentencing enhancement.” This law allows prosecutors to seek additional penalties for certain fraud and embezzlement crimes. Specifically, it adds 2-5 years of extra prison time for qualifying convictions. It also lets the state seize assets to pay fines and victim restitution.

This sentencing enhancement is sometimes called the “freeze and seize law” because it freezes assets that can later be seized. It applies when someone is convicted of multiple related felonies involving fraud or embezzlement totaling over $100,000 in losses. Let’s break down the key details of PC 186.11 and how it works.

What Crimes Trigger PC 186.11?

For the white collar sentencing enhancement to apply, three main criteria must be met:

• The defendant must be convicted of two or more related felonies in a single criminal proceeding
• Those felonies must involve fraud or embezzlement as a material element
• The crimes must total losses of more than $100,000

The felonies must demonstrate a “pattern of related conduct.” This means they have similar purposes, methods, results, or victims. They can’t be isolated incidents.[1]

Some examples of qualifying felonies include:

• Embezzlement (Penal Code 503)
• Forgery (Penal Code 470)
• Identity theft (Penal Code 530.5)
• Real estate fraud (Penal Code 532f)
• Insurance fraud (Penal Code 550)

Misdemeanors don’t trigger PC 186.11. The crimes must be felonies. Also, the enhancement only applies to economic crimes involving fraud or embezzlement.

What Are the Penalties Under PC 186.11?

If convicted of qualifying felonies, the penalties under PC 186.11 are:

• Additional prison time – 1 to 5 extra years, served consecutively to the original sentence
• Fines – Up to an extra $500,000
• Restitution – Victim restitution may be doubled
• Asset seizure – Assets can be frozen and seized to pay fines and restitution

The amount of extra prison time depends on the losses involved:

• $100,000 to $500,000 – 1 to 2 extra years
• Over $500,000 – 2 to 5 extra years

This enhancement can only be applied once per criminal proceeding. The extra time is served after completing the original sentence.[2]

How Asset Seizure Works

A major component of PC 186.11 is asset seizure. Here’s how it works:

• When charges are filed, the prosecution can request a temporary restraining order (TRO) to prevent asset transfers or concealment.
• A preliminary injunction may then be requested to formally “freeze” assets pending trial.
• If convicted, the court can order permanent forfeiture of assets to pay fines, fees, and victim restitution.

This allows the state to secure assets before they can be hidden or spent. The purpose is to guarantee funds for victim restitution and court fines.[3]

Defending Against PC 186.11 Enhancements

There are several strategies criminal defense attorneys use to avoid sentencing enhancements under PC 186.11:

• Negotiating charges – Reducing felonies to misdemeanors or dismissing charges can prevent the enhancement from applying.
• Challenging evidence – Contesting evidence of fraud or embezzlement, or proving losses under $100,000.
• Proving good faith – Demonstrating you acted in good faith without criminal intent.
• Questioning relatedness – Arguing the felonies were isolated incidents, not a pattern of conduct.

An experienced white collar crimes lawyer can assess the evidence and build the strongest defense against sentencing enhancements.[4]

Hiring an Attorney for PC 186.11 Charges

Facing multiple fraud or embezzlement charges involving large losses is serious. PC 186.11 enhancements could mean substantially more prison time and financial penalties.

An attorney experienced with white collar crimes can advise you of your rights, review the evidence, negotiate with prosecutors, and build the strongest defense. This gives you the best chance of avoiding harsh sentencing enhancements.

Don’t wait to seek legal help. The earlier an attorney gets involved, the more tools they have to protect you. Take action quickly to minimize the risks and start building your defense today.

References

[1] https://codes.findlaw.com/ca/penal-code/pen-sect-186-11.html
[2] https://www.simmrinlawgroup.com/california-penal-code-section-186-11/
[3] https://www.egattorneys.com/freeze-and-seize-penal-code-186-11-pc/
[4] https://www.keglawyers.com/freeze-and-seize-law-penal-code-186-11/