Fraud Defense Lawyer Los Angeles

Being charged with the crime of fraud is no joke. Under California Penal Code Section 484 PC anyone who uses fraud to obtain possession of money, property, or labor, is guilty of theft. A fraud conviction can seriously impact your freedom and your future. A conviction also typically ends with prison time and large fines. On top of that, some fraud crimes are federal crimes, which can result in severe penalties. If you are facing fraud charges in Los Angeles County, contact a Los Angeles fraud lawyer right away.

If you or someone you love have been charged with the crime of fraud, do not try to face it alone, after all it’s your freedom, reputation and potential future businesses that are at stake. Call the Law Offices of William Kroger for a free consultation at 323-655-5700.

What is Fraud in California?

Fraud is a crime often portrayed on television shows and presented as an issue that usually takes place in business and amongst men in suits. But that’s not true, as fraud can take place in multiple different scenarios and on any socioeconomic level.

Fraud happens when someone gains something of value, such as money or property, from a victim by making a misrepresentation of a matter of fact. Oftentimes fraud occurs in the buying or selling of property, real estate and stocks, or in falsifying reports such as taxes and Medicare claims made to obtain benefits from the state or federal government.

Fraud is usually related to white collar crime, which includes:

• Tax evasion
• Securities fraud
• Welfare fraud
• Internet fraud
• Bank fraud
• Credit card fraud
• Insider trading bankruptcy fraud
• Wire fraud
• Identity Theft
• Healthcare fraud
• Mail fraud

Fraud is not easy to establish, simply because not all false statements are fraudulent. But once it is established, it’s punished pretty severely. Fraud is treated harsher than common theft because of the element of deceit and planning involved. Don’t try to face fraud charges alone, contact a Los Angeles fraud lawyer today.

Penalties for Fraud in California

The government takes fraud charges very seriously, and the penalties for fraud are significant. A prosecutor will decide whether to charge you with a misdemeanor or a felony, depending on your past criminal record. If the amount you are accused of taking is low, and if you have no previous convictions, your charge might be classified as a misdemeanor.

If you have a past criminal record, you will typically face harsher consequences. California law has something called the “white collar embellishment” which means that if there is a pattern of similar convictions, a sentence can be enhanced. So if you are facing a series of charges, or you have past convictions, you may get an additional 2-5 years added to your sentence.

Defenses to Charges of Fraud

There are several defenses your lawyer can pursue to show that you should not be convicted of fraud.

• You did not use fraud or deceit to obtain the possession in question. If the evidence against you is circumstantial, and if there’s no confession, your attorney can argue that you should not be charged with fraud.

• You did not intent to permanently take the property from the owner. You must have intended to permanently deprive the victim of the possession, otherwise your attorney can argue that you cannot be charged with fraud.

Mail Fraud Defense Lawyer in Los Angeles

What is Mail Fraud?

Mail fraud occurs when the postal service or any interstate mail carrier is used to commit fraud. In particular, it involves devising any scheme to defraud or obtain money or property using false pretenses through the mail. This can include false billing, lottery scams, falsifying documents to obtain money or services, and identity theft.

A key requirement for mail fraud is that the fraud must involve some form of deceit intended to deprive others of money or property, and the mailing must be used to further the scheme.

Under 18 U.S. Code § 1341, mail fraud is a federal offense.

What are the Penalties for Mail Fraud?

Since mail fraud is a federal crime, it can carry severe penalties. If convicted, you could face up to 20 years in federal prison and/or hefty fines, depending on the nature and severity of the crime.

If the mail fraud involves or affects a financial institution (like a bank) or is related to a presidentially declared disaster relief effort, the penalties can be much more severe, with sentences of up to 30 years in prison and/or fines of up to $1 million.

Do You Need a Lawyer for Mail Fraud Charges?

Mail fraud cases are notoriously complex and prosecuted in federal court, making it essential to have an experienced fraud defense attorney who understands how to navigate the intricacies of both fraud and federal criminal law.

A skilled attorney may scrutinize the prosecution’s case, challenge the evidence, and explore possible defenses. For instance, your lawyer may argue that you lacked intent to defraud or that the evidence is not sufficient to support a conviction.

With the right legal representation, it’s possible to achieve a favorable outcome, including reduction in charges or even dismissal of the case.

Healthcare Fraud Defense Lawyer in Los Angeles

What is Healthcare Fraud?

Healthcare fraud involves filing false claims or engaging in deceptive methods to obtain improper healthcare benefits or payments.

According to California Penal Code Section 550, this can include submitting false claims to Medicare, submitting multiple claims for the same loss or injury, billing for services not provided, falsifying medical records, and misrepresenting treatments to receive higher reimbursements.

What are the Penalties for Healthcare Fraud?

Healthcare fraud penalties in California vary depending on the severity of the crime and whether it involves federal programs like Medicare or Medicaid.

Convictions can result in up to five years in prison, substantial fines, and restitution payments. If the fraud involves large sums of money or multiple fraudulent claims, more severe penalties may apply.

When federal healthcare systems such as Medicare or Medicaid are affected, federal charges under statutes like 18 U.S. Code § 1347 can come into play. Convictions under this federal law may carry harsher penalties, including sentences of up to 10 years in prison, or more if serious bodily injury or death results from the fraud.

Do You Need a Lawyer for Healthcare Fraud Charges?

Healthcare fraud charges can result in steep penalties for organizations and career-ending consequences for medical professionals, including professional license revocation. Given the complexity of healthcare fraud laws, it’s critical to have a skilled defense lawyer with experience in healthcare fraud cases on your side.

A seasoned defense lawyer understands the nuances of medical billing practices and fraud detection methods, and can provide compelling defenses such as lack of fraudulent intent, errors in billing, and insufficient evidence. Early intervention from a legal expert can protect your rights and help mitigate the potential damage to your career and finances.

Tax Fraud Defense Lawyer in Los Angeles

What is Tax Fraud?

Under California Revenue and Taxation Code Section 19705, tax fraud occurs when someone deliberately misrepresents information on their tax filings to evade paying the correct amount of taxes. This includes failing to file returns, underreporting income, inflating or claiming false deductions, and hiding assets.

Tax fraud can result in serious consequences, especially if it involves large sums of money.

A specific subtype of tax fraud is tax evasion, where individuals or businesses intentionally underreport, conceal, or otherwise misrepresent income to reduce tax liabilities. This can lead to audits, fines, and criminal prosecution.

What Are the Penalties for Tax Fraud?

Tax fraud penalties in California can vary based on the scope of the crime and whether the offense is treated as a misdemeanor or felony.

Misdemeanor tax fraud charges can result in up to one year in county jail and significant fines. Felony tax evasion can lead to up to three years in state prison, along with substantial fines and repayment of back taxes, interest, and penalties.

In more severe cases, the federal government may also bring charges, which can lead to harsher penalties under federal law. 26 U.S. Code § 7201 allows for up to five years in federal prison for evasion, along with penalties and fines up to $100,000 ($500,000 for corporations).

Do You Need a Lawyer for Tax Fraud Charges?

Tax fraud accusations carry severe financial and legal consequences. If you are accused of tax fraud or evasion, it is crucial to consult a qualified tax fraud defense lawyer. Both the Internal Revenue Service (IRS) and California's Franchise Tax Board (FTB) pursue tax fraud cases aggressively and often seek high penalties.

A skilled defense lawyer can negotiate with the IRS or state tax authorities, potentially reducing your liability, lowering penalties and fines, and even avoiding criminal charges altogether. Common defenses include arguing that the misreporting was accidental or that the charges are based on incorrect information or calculations.

Contact an Experienced Fraud Attorney in Los Angeles

It doesn’t matter if the fraud crime a person is charged with involves a few dollars or five million dollars, because many forms of fraud are federal crimes and can land you in prison for numerous years. If you’ve been charged with the crime of fraud in Los Angeles County, contact a fraud attorney serving Los Angeles right away. Call the Kroger Law Group so we can discuss your options as soon as possible. You need a knowledgeable lawyer who will help you navigate this scary situation. We have extensive experience handling fraud charges. Call us for a free consultation at 323-655-5700.