Fraud Defense Attorneys in San Luis Obispo, CA
In this day and age, given all the technological advancements that are supposed to make our lives easy, it cannot be denied that fraud is still very much alive. You almost always hear or read about a fraud case in the news. Fraud is the act of swindling, deceiving, or conning someone for monetary gain. Fraud typically consists of false statements and deceitful conduct.
Various kinds of fraud exist, ranging from identity theft to credit card fraud to wire fraud, all of which are punishable by both criminal and civil law. A person who commits fraud is both criminally prosecuted and sued in a civil act.
Plenty of steps exist in order for citizens to arm themselves against fraud by recognizing the common behaviors of swindlers. However, if you are being accused of or have been found guilty of fraud, it is important to know your rights and to enlist the help of fraud defense attorneys.
When facing fraud charges of any kind, it is best to seek legal assistance from San Luis Obispo fraud defense attorneys. The law firm’s fraud attorneys can walk you through the process, explain your rights as the defendant, and ensure the best possible outcome for your case.
For additional information about how fraud defense are handled by our office, please contact our firm today.
What is Fraud?
As previously defined, fraud encapsulates a wide range of crimes that involve deception, swindling, and misleading individuals for monetary gain. Fraud most of the time includes false statements, misrepresentation, and deceitful conduct. In the legal sense, fraud is covered by both criminal and civil law. Government bodies who file a case against an individual who has committed fraud are filing a criminal charge since technically only government prosecutors can file criminal charges.
Fraud must be proven beyond a reasonable doubt in criminal cases and the consequences could be jail time, probation, or a fine. Burden of proof is much lower for private civil cases, with the entire case being solved through restitution and monetary charges. For businesses involved in fraud cases, the Federal Trade Commission or the Securities and Exchange Commission file civil lawsuits seeking injunctions, monetary penalties, and restitution for victims.
Even if you are the defendant facing fraud charges, never forget that you still have rights. To better understand what your rights are as an accused, enlist in the legal service offered by San Luis Obispo fraud attorneys and face your case head on.
What are the Various Kinds of Fraud?
Fraud is a broad category of crime that has different forms. Still, it is important to understand each and every one of them. The following are the different kinds of fraud:
- Identity Theft-a type of fraud wherein an individual wrongfully acquires another person’s identity and uses it to commit fraud for monetary gain.
- Insurance Fraud-Involves getting a person to file an exaggerated insurance claim to obtain compensation for losses they did not encounter.
- Credit/Debit Card Fraud-Is a type of fraud that involves unauthorized acquisition of credit card information for monetary gain.
- Mail Fraud-Involves mailing or electronically transmitting documents associated with fraud.
- Securities Fraud-Securities fraud involves making false statements about a company or its stock value
- Telemarketing Fraud-Usually involving a prize where the scammer calls an individual claiming they’ve won a prize and asking for personal details such as social security numbers for the purpose of monetary gain.
- Bankruptcy Fraud-Bankruptcy fraud is a white-collar crime that involves concealing assets to avoid forfeit and an individual filing incomplete forms intentionally.
- Wire Fraud-one of the most common kinds of fraud involving phone, fax, text message.
- Tax Evasion-Intentionally avoiding paying or declaring taxes.
If your case falls under any of any these, it is best to get in touch with San Luis Obispo fraud defense attorneys who can offer you legal representation, fight for you in court, and ensure that you get the best outcome possible!
What are the Typical Signs of Fraud?
As much as we like to think we are quite familiar with fraud and we know we’ll never be victimized, sometimes we just get blindsided. In order to understand and arm yourself against fraud, learn the typical signs of fraud. The crimes might be different and the swindlers might vary, but the signs are almost always the same. Be wary of anyone that asks for sensitive information such as social security numbers or bank accounts. Avoid clicking on unfamiliar links on email messages and alert your bank immediately if your credit or debit card has been stolen. It is important as well to be instinctively suspicious of anyone who offers grandiose, too good to be true promises of large sums of money. No matter how deep in the ditch you are, do not fall for these schemes.
These are just some of the steps one can take to protect themselves from fraud. If you have been accused of fraud on the other hand, know that you still have rights and you can enlist the help of fraud defense attorneys to help you with your case.
What are the Penalties I Could Face for Fraud?
Depending on the case, penalties for fraud can range from jail time to restitution. Each state also has its own laws regarding fraud charges which can be either a felony or a misdemeanor. Here are some of the penalties you could face if you are found guilty of fraud:
- Imprisonment-Fraud can bring about imprisonment for a decade or more in a federal prison.
- Probation– If you have been convicted of fraud, you may also be subject to probation. This means you will be serving your sentence without going to prison, rather adhering to a particular set of conditions. Probation for fraud lasts around 12 months or more.
- Fines-Being convicted of fraud could also subject you to paying for fines. A fine for fraud costs typically around $10,000
- Restitution-an individual found guilty of fraud must pay the victims money to compensate for losses suffered.
If you are suspected or being accused of fraud, it is wise to get in touch with fraud defense attorneys immediately. Seek legal help from San Luis Obispo fraud defense attorneys who can provide the legal representation you deserve along with helping you better understand your rights.
What are White Collar Crimes?
Coined by Edwin Sutherland in 1939, white collar crimes pertain to a set of frauds ranging from embezzlement, tax evasion, money laundering, to insider trading and insurance fraud. The types of offender in these kinds of crimes are usually from the higher socio-economic bracket, setting them apart from blue-collar counterparts. It is done in an economic setting, usually involving business and organizations.
Professionals turn to white collar crimes due to how crimes are incentivized with the job structures; poor business ethics that lead to poor ethics amongst workers; the notion that unethical behavior isn’t damaging; and unrealistic business expectations.
If you are facing charges for white collar crimes, get in touch with fraud defense attorneys. Fraud defense attorneys can review your case, explain your rights to you, offer legal representation in court, and ensure the most plausible outcome for you. You don’t have to face fraud accusations alone. Get in touch with San Luis Obispo fraud defense attorneys now.
What Do I Do If I’ve Been Accused of Fraud?
The consequences for fraud have previously been mentioned and depending on the jurisdiction, the severity of the case, and the amount of money involved, it could range from fines to incarceration. The community’s attitude towards the crime also has an effect on what penalties you will face. Certain factors also play a role in conviction including:
- Severity of the case
- Prior convictions of the defendant
- Probation or parole status
- Amount of money involved
- The person or entity targeted.
Seek Legal Advice from Fraud Attorneys
If you have been accused of fraud, don’t wait any longer to get in touch with fraud defense attorneys. Seeking legal help is your next best move into obtaining an outcome favorable to you. Contact 805 Law Group to get in touch with San Luis Obispo fraud defense attorneys. These fraud defense attorneys will review your case, explain your rights, and defend you in court. Schedule an appointment today.