White collar crimes include embezzlement, forgery, and fraud. Fraud can include credit card fraud, insurance fraud, real estate fraud, loan fraud, and securities fraud. If you have been accused of a white collar crime, you can expect the defense of your case to be dependent on the financial documents and agreements such as loan applications or contracts. Sometimes even employment contracts may be relevant, in cases where an employer makes an accusation against an employee. White collar crime, unlike violent crime, most often involves a dispute about business services rendered, business conduct, or employee conduct. Issues related to agreements to perform services, right to access money, use company funds, or purchase items, must be evaluated based on a thorough review of all available documents. Witnesses also must be interviewed by the defense to determine their understanding of any agreements, or contracts. Some cases can turn on the specific understandings of all parties as to each contract, promises made, and sophistication of the parties involved in the contractual relationship.
We have successfully defended clients charged with a variety of complex felony fraud allegations. These cases have included embezzlement, making an untrue statement in the sale of a security, and loan modification fraud.
We have defended clients charged with allegations made against them by their employer, including large companies. These cases require intensive and extensive investigation and we will meet with you to go over your version of events to determine exactly what agreements were made between you and your employer. In some cases, motions must be filed to contest search and seizure issues or to challenge warrants, or to raise applicable defenses. Some cases may involve complicated search and seizure issues related to seizure of office computers, phones, or other electronic devices. Sometimes the police or law enforcement agents may violate your constitutional rights, under the Fourth Amendment for example, during a search and seizure of property or evidence. These issues must be adequately raised and preserved.
Some crimes, like insurance fraud will not pertain to business agreements or employment contracts, but instead will focus on claims made by you to your own insurance company. Insurance fraud is aggressively investigated by the insurance company. If you believe you are under investigation by an insurance company, contact a lawyer today.
Even if you believe you may have committed a criminal offense, you should still contact a criminal lawyer for a consultation. Financial crimes can often encompass lawful activity, such as authorized and unauthorized use of a company credit card. It may be in your interests to seek to make early restitution of any losses. It is important that a lawyer discusses with you your options for restitution and other forms of potential mitigation.
Our office has years of experience defending persons accused of white collar crimes, from allegations of employee embezzlement with losses estimated to exceed $100,000, to small allegations of credit card fraud. We have obtained successful results in white collar fraud cases in San Francisco County, San Mateo County, and Santa Clara County.
Contact our office today to find out if we can assist you with your white collar criminal matter.