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Check Fraud Defenses: How to Protect Yourself From Harsh Penalties

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check fraud defensesHow does check fraud occur? Many types of fraud occur every year, with people falling victim all the time. Many of these cases are extremely serious, with thousands to millions of dollars being stolen. Check fraud occurs when misinformation is used as a way to authorize a check that isn’t real. Sometimes, criminals do this as a way to access other people’s funds, which can lead to financial distress in many ways. This ranges from printing false checks, forging signatures, using fake IDs, and more.

Is There Any Way to Bring a Defense?  

As with many other crimes, there are also legal defenses that you can bring in a check fraud case when you have been accused of this crime that steals people’s financial livelihood. Check fraud defenses depend on the exact scenario because every case is different. For instance, perhaps check fraud was committed under duress, or when somebody has forced you to steal money from another person’s account in this way or else you would be threatened with bodily harm. Another example is lack of intent. If you committed the crime by accident and you can show this, you can’t be convicted of the crime.

In many cases, the check itself shows that the crime was committed. In other cases, it becomes very difficult to prove a claim and the odds might not be stacked against you. Either way, this is a serious criminal offense since it involves depriving a person of their personal belongings, so it is very important to have an attorney on your side through every step of the process. Your attorney will be able to help you with every step of the process, such as showing you which defenses are applicable and helping you understand the laws in California.

Call us today for more information on how we can help you from start to finish with your case. At the Law Office of Peter Blair, we want to stand by your side. Your case matters to us.

What to Expect When Charged With a White Collar Crime

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Gripping the steel barsVarious types of fraud, including pyramid schemes and more, are known as white collar crimes today. These financial crimes are happening in large numbers in our modern times. If you were charged with a white collar crime, you may wonder what options you have, especially if you speak to an attorney about what types of penalties you may receive for your crimes. The truth is, the penalties for these crimes have started becoming harsher, as they affect people on a huge financial scale, risking many important aspects of a victim’s life. People who commit fraud and embezzlement crimes, for instance, may see decades behind prison bars.

For instance, there have been many recent cases where several people have been charged with multiple felonies for white collar crimes. They are seeing upwards of many years to life in prison for their crimes. This is why, with the help of your attorney, it may be smart to seek a plea bargain instead of letting your case make it to trial, where the judge will be free to rule whatever they choose. With a plea bargain, as opposed to trial, you will have a guaranteed sentence – and hopefully one that works for you.

How These Sentences are Determined

So why are sentences for white collar crimes so extensive? The aspects of the defendant’s behavior and the crimes committed will help you reach this answer. Only over the past few decades, the punishments for federal white collar crimes (such as those on fraud and money laundering levels) have grown significantly in severity. Guidelines are created through the losses of the fraudulent activity and so much more. Many judges view white collar crimes as “economic homicide” that takes away the livelihood of its victims, which is why they are treated so seriously. Sometimes the lines become blurred and it is difficult to determine what the sentence should be for individuals. If you believe that you have been treated unfairly in your criminal case or didn’t commit the crime in question, you may need a defense attorney on your side to avoid the harsh penalties put in place for those who commit these crimes.

Fraudulent Misrepresentation and White Collar Crime Charges

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PrisonerFraudulent misrepresentation and securities fraud go hand in hand when it comes to white collar crimes. Firstly, however, you should understand what a white collar crime is and why they are handled so seriously. They are crimes that are committed through deceit and give some financial gain to the criminal. Securities fraud sometimes occurs when someone seeks investment in a company – and misstates the prospects or finances of the company to do so, as a way to falsely represent what the company does or stands for. A criminal will give false or misleading information as a way to lure in an investor, which becomes an easy way to make money, though illegally.

What Fraudulent Misrepresentation Encompasses 

When a criminal knowingly makes false statements as a way to lure in these investors, they are then engaging in fraudulent misrepresentation. Let’s take a look at a good example of fraudulent misrepresentation, for example: A drug company tells everybody that there are many promising drugs available for a disease; however, there have been disappointing results, so they never make it to the market. This is false representation because the company knew the truth but withheld it as a way to get companies and patients excited about new drugs.

To have a case, the plaintiff must be able to prove that representation was made, that it was fault and possibly reckless, and that the promise was made with the intention that the other party would rely on it, such as a life-changing drug. However, the last element is that the party must have relied on the representation and suffered damages as a result.

As with any white collar crime, you could find yourself in a battle with the judge if you have been charged with falsely misrepresenting anybody into purchasing a product or more. In many cases, the party will sue you for damages, as they may have been harmed or let down by the product in mentioning. You could experience a wide range of possible punishments, even down to prison time and fines, especially those that repay the victim. This is why it is important to speak to a defense attorney today at The Law Office of Peter Blair for more information on how we can help.

What Are Financial Crimes Targeted Against the Elderly?

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Old woman holding a computer mouse.Crimes against the elderly not only take place because sometimes criminals believe that they are vulnerable, but also because seniors are thought to have significant amounts of money in their bank accounts. Many financial scams are never found out or just go on unreported. Being charged with a financial crime against the elderly can be serious and life changing. But what are some of the most common types of financial scams that target the elderly?

Most Common Financial Crimes 

Medicare and Health Insurance Scams: Since many elderly people qualify for Medicare, scam artists know to target the elderly to scam them out of money relating to their Medicare. The scammers will typically pose as representatives of health insurance to obtain information illegally. 

Counterfeit Prescription Drugs: The FDA has investigated many cases of counterfeit drug scams operating on the Internet. This scam hurts the wallet and the livelihood of those who may be paying for medications that will not actually help them.

Funeral Scams: In some cases, a fake representative will call a loved one and tell them that their deceased significant other had an outstanding debt that they must now pay. Some funeral homes may also take advantage of the elderly by charging them for services they did not pay for. 

Telemarketing Scams: Fake telemarketing schemes target many people every year. Elderly people are not always familiar with buying over the phone, which makes it difficult for them to fully understand what they are agreeing to or what information they are giving out. 

Internet Fraud: Pop-up ads on the computer may con the elderly into downloading fake programs or paying for services that are not real. They may give information to companies that don’t actually exist. 

Investment Scams: The elderly may fall victim to pyramid schemes or those involving inheritance money that does not actually exist. Protecting those who are especially vulnerable to these schemes is of utmost importance.

Health Care Fraud in California: A White Collar Crime

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An alarming fact is that health care fraud costs the United States tens of billions of dollars each year. The FBI is involved in a project known as the Healthcare Fraud Prevention Partnership, which is an effort to exchange facts and information between the public and private sectors to reduce the likelihood of health care fraud-related events. If somebody is a beneficiary, they want to understand the protections that are offered to them so that vital information is not stolen out from under their noses.

There are a variety of methods regarding health care fraud that is more common than most in the system. Many criminals will work to obtain patient’s medical information so that they can then receive reimbursement for services and goods. Here are some of the most common types you will see:

  • A criminal obtaining identities when the criminal encourages a beneficiary to visit a specific location and “sign in” with important information
  • Obtaining patient information through a “free screening” at a health fair
  • Purchasing the information from others involved in the scheme

Many people who are beneficiaries are unaware of how they can protect themselves from these horrible acts that wreak havoc in their lives. For one, one of the most effective ways to find out if insurance information is being used without your knowledge is to take a look at the explanation of benefits that arrive to your insurance company each time there is a charge of some sort. By viewing these forms, somebody can identify if there were services used that they took no part in. It is also well-documented so that they can then speak to the insurance company about the discrepancies. There are many other ways to safeguard and prevent against health care fraud: safeguarding insurance cards and making sure there is a legitimate reason to provide information to others, being aware of gifts from medical providers, checking to see that you were sent the right medical items, and being aware of your surroundings in medical facilities at all times.

Charged With Health Care Fraud

If you were charged with health care fraud you must ask yourself this: Was it a mistake or did you really commit the crime that you were charged with? Sometimes, fraud actually ends up being an awful mistake gone wrong. Fraud can end up being a mistake, simple omission, or an improper payment. To commit fraud, you as the defendant must have purposely engaged in a plan and provided falsehoods to another person for your own financial benefit.

For instance, we can take a real-life case for example. A Louisiana woman was once convicted of healthcare fraud when her two companies first employed unlicensed social workers. They then visited beneficiaries of Medicare and performed services they were not supposed to. She then submitted false claims to Medicare and claimed her social workers were actually licensed. She was sentenced to 37 months in prison and had to pay $1 million in restitution.

For many who indulge in health care fraud, this is the unfortunate end. Punishment for health care fraud will usually start somewhere around five years in federal prison with fines that are thousands of dollars. Depending on the amount stolen from the government, these fines can increase. This is why, if you have engaged in these illegal activities, it is always a good idea to have a defense attorney on your side. Call us today at The Law Office of Peter Blair for more information on your case.

How Bail and Bail Bonds Work

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Bail BondAfter an arrest, many things may happen to you in your case. Depending on the circumstances surrounding your case, a written promise to appear to your related court hearings isn’t enough. Instead, the court will want a financial guarantee that you will appear in court in the form of bail. This is setting a financial amount to obtain your release from police custody. However, bail does not come without ties – if you promise to have bail, you are also promising that you will show up to court for every single one of your criminal proceedings. The amount will be returned to you if you show up to each of your hearings; however, if you do not show you will be forced to forfeit bail as well as be subject to arrest.

In many cases, you will first have an initial hearing where bail will be discussed with you. In these cases, they will decide whether or not they want to grant bail to you and what amount is appropriate. The bail hearing will consider your physical and mental condition, financial resources, family ties, history relating to drug and alcohol abuse, criminal history, and more. They may also impose restrictions on your release if they choose.

More About Obtaining Bonds

There are four ways that somebody can be released from custody on a bond. The ways include using a bondsman, posting cash for the full amount, using real property with the court, or the judge deciding to let you go on your own. So, how do bondsmen work, exactly? A bail bondsman works with a bail bonding agency and puts up a fee for the release of somebody who is on bail. They will usually charge a fee, about 10% or more, that is required to actually pay the bail. The bondsman will take out a security against the defendant in order to cover the cost of making bail. When the defendant doesn’t show up to court, the bondsman is then permitted to hire a bounty hunter or sue the defendant for the amount of money.

The bail bond system arose out of common laws over the years. You may be surprised that the idea of bail bonds has dated back to 13th century England! However, over the years bail bonds have evolved tremendously in the United States and will continue to evolve within their system. The system works quite well for all involved. Bondsmen will accept a variety of different types of collateral, such as real estate, cars, credit cards, stocks, jewelry, personal credit, bank accounts, and so much more.

Have you been arrested for a crime and believe that bail would help you accomplish bigger aspects of your case? Do you believe that you can keep the promise of arriving to court hearings when necessary? If you believe that bail is the best option for your case, speak to an experienced defense attorney today. Call us at The Law Office of Peter Blair for more information to get started.

White Collar Crime of Fraud

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White Collar Crime of FraudFraud is a very serious financial crime and many criminals in history have gotten away with this crime, which happens to be deceiving somebody for monetary or personal gain. Before the 1920s, a man by the name of Charles Ponzi paid out returns with other investors’ money. He had received a letter in the mail from a company in Spain that contained an international reply coupon and he realized that he could receive a profit by buying IRCs in one county and exchanging for stamps in another. Ponzi reportedly made more than 400% on some sales. It was reported through his scheme, later named the Ponzi Scheme, he made $250,000 a day. [Read more…]

Federal Financial Fraud Related Charges

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Fraud and Financial crimes are always serious as well as seriously punished when it is found that they were committed. They are almost always a form of theft or larceny, putting others at risk of losing large aspects of their finances due to criminals and their ruthless schemes. These criminals will gain benefit from the losses of others. Many of these crimes happen because of an abuse by a person in a position of trust who wants to take from other people or entities. Fraud and financial crimes take many forms, which you can find out more about now. [Read more…]

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Have you been arrested?

While it is true that everyone makes mistakes, this fact is of little comfort when you have been arrested. An arrest could compromise your job, your social and familial relationships, reputation, literally life as you've known it. Since the government has the power to take away your liberty for a mandated period of time, possibly for the rest of your life, a vital first step after an arrest is to seek the counsel of a San Diego criminal defense lawyer who understands the courts and laws of our region. Criminal defense is definitely an area of the law you do not want to face alone or try to handle without assistance. No matter what the charge, a DUI, drug crime, internet crime or domestic violence, a professional criminal defense attorney will offer a free consultation.

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