Many people also think that fraud has to involve large amounts of money and a malicious intent to defraud, but this too is untrue. A well-intentioned small business owner could easily be caught up in a money-laundering scheme, for example.
San Diego Attorney for Fraud Charges
Just because you’ve been charged with Fraud does not mean that you’re guilty, despite what law enforcement may have you think. Fraud charges can happen to anyone, and if you have been charged with fraud, you need to contact an experienced defense attorney immediately.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your fraud case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
Types of Fraud Crimes in California
Mail Fraud
Mail fraud involves the use of the postal system to commit deceptive practices with the intent to defraud individuals or entities. Common examples include intercepting a neighbor’s mail to apply for credit cards in their name or using stolen mail to facilitate identity theft. Under California Penal Code Section 530.5(e), this crime can be prosecuted at the state level, with penalties including up to 3 years in prison, or at the Federal level, under 18 U.S.C. § 1341.
Wire Fraud
Wire fraud occurs when electronic communications, such as email or phone calls, are used to carry out fraudulent schemes. For instance, phishing emails designed to deceive individuals into providing sensitive bank information fall under this category. In California, unauthorized use of computers for fraud is addressed under Penal Code Section 502(c)(1). Federal wire fraud charges under 18 U.S.C. § 1343 can result in penalties of up to 20 years in prison and heavy fines.
Credit Card Fraud
Credit card fraud includes actions such as using stolen credit cards, creating counterfeit cards, or knowingly accepting fraudulent transactions. Examples include using a stolen card for online purchases or skimming devices to capture card data. Penal Code Sections 484e–484g govern these offenses, with penalties ranging from misdemeanors (up to 1 year in jail for fraud under $950) to felonies (up to 3 years in prison).
Insurance Fraud
Insurance fraud encompasses submitting false claims, staging accidents, or inflating damages to receive unwarranted payouts. For example, staging a car accident and filing claims with multiple insurers is a common scheme. Penal Code Sections 548–550 address these acts, with felony convictions carrying penalties of up to 5 years in prison and fines that can reach $50,000 or double the amount of the fraudulent claim.
Welfare Fraud
Welfare fraud involves falsifying information or using multiple identities to obtain undeserved public benefits like CalFresh. For example, reporting false income levels to receive higher benefits violates Welfare and Institutions Code Section 10980. If the fraud involves less than $950, it is charged as a misdemeanor with penalties of up to 6 months in jail. Larger amounts lead to felony charges, punishable by up to 3 years in prison.
Check Fraud
Check fraud includes altering or forging checks to withdraw unauthorized funds. For example, increasing the amount on a written check to steal more money is a violation of Penal Code Section 476. Misdemeanor convictions can lead to up to 1 year in jail, while felonies carry penalties of 16 months, 2 years, or 3 years in prison.
Healthcare Fraud
Healthcare fraud involves submitting false claims or billing for medical services not provided. Examples include inflating charges for medical procedures or billing for nonexistent treatments. Under CA Penal Code Section 550, penalties include up to 5 years in state prison and substantial fines.
Securities Fraud
Securities fraud pertains to misrepresentation or concealment of material information in the sale or purchase of securities. For example, overstating earnings to entice investors violates California Corporations Code Section 25401. Convictions can lead to fines up to $10 million and prison terms of up to 5 years. Securities fraud can also be federally prosecuted under 18 U.S.C. § 1348.
Real Estate/Mortgage Fraud
Real estate and mortgage fraud include forging property documents, misstating financial information, or engaging in predatory lending practices. An example is falsifying income to secure a larger mortgage. Penal Code Section 532 penalizes these acts with sentences of up to 3 years in prison and restitution to victims.
Extortion
Extortion involves using threats or coercion to obtain money or property. For instance, threatening to release sensitive personal information. Penal Code Section 518 imposes penalties of up to 4 years in state prison for felony convictions. There are also a range of federal extortion laws under 18 U.S.C. Chapter 41 (Extortion and Threats).
What Does a Jury Consider in Fraud Cases?
Juries must evaluate specific elements to determine guilt in fraud crime cases. These elements often vary by the type of fraud but share common principles.
- Intent to Defraud: The prosecution must prove beyond a reasonable doubt that the defendant acted with the intention of deceiving another party for personal gain or to cause harm. Intent is crucial and distinguishes fraud from simple mistakes.
- Material Misrepresentation or Omission: Fraud requires a false statement or omission that is significant enough to influence the victim’s decision-making process.
- Use of a Specific Method: Many fraud charges involve particular methods, such as using the mail (Penal Code Section 530.5(e)) or electronic communications (Penal Code Section 502(c)(1)).
- Actual or Potential Harm: Even if no financial loss occurred, the jury can consider whether the fraudulent act could have caused harm. For example, attempting to file a false insurance claim demonstrates intent, even if the claim is denied.
Juries are typically presented with CALCRIM No. 2040 for identity theft and CALCRIM No. 2043 for aiding fraudulent activity.
Fraud Crime FAQ
Can I Be Charged Even if No One Lost Money?
Yes, fraud charges often depend on intent rather than actual financial harm.
Is Fraud Always Charged as a Felony?
No, some fraud crimes can be charged as misdemeanors, depending on the value involved and the defendant’s history.
How Long Does a Fraud Case Take to Resolve?
The timeline depends on the complexity of the case, whether it proceeds to trial, and plea negotiations.
Can Fraud Charges Be Reduced to Lesser Offenses?
Yes, charges may be reduced through plea bargaining or by challenging the prosecution’s evidence.
Should I Speak to Investigators Without a Lawyer?
No, speaking to investigators without legal representation can harm your defense.
Additional Resources
Report a Crime (California Department of Justice)
This resource from the California Department of Justice provides guidance on how to report various crimes in California, including internet crime, identity theft, and abuse. It includes links to law enforcement agencies, hotlines for specific crimes, and resources for victims. Users can find contact information, report language barriers, or access public records requests. It also provides information about specific types of crime like child abuse and cybercrime.
California Department of Social Services Resource
The California Department of Social Services offers information on reporting public assistance fraud, automotive repair fraud, Medi-Cal fraud, and more. This resource includes hotlines, online complaint tools, and links to specialized enforcement agencies like the U.S. Postal Inspection Service and Medicare fraud hotlines.
Scam Alert (San Diego County Sheriff’s Office)
The San Diego County Sheriff’s Office provides information about common scams, including phone scams, COVID-19 fraud, tech support fraud, and charity scams. This resource explains scam tactics, red flags to watch for, and actions to take if targeted. It includes links to federal reporting agencies like the FTC and FBI, as well as guidance on verifying charities and filing complaints.
Hire an Attorney for Fraud Crimes in San Diego County, CA
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your Fraud case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.