Posted By OKABE & HAUSHALTER 10-Nov-2018
Back in the day, whenever someone said the word “crime,” many immediately thought of a bank robbery or some bad guy killing another individual. But in recent decades, as technology has progressed, the meaning of the term “crime” was expanded well beyond its original and limited meaning.
In today’s world, you do not necessarily have to own a gun or knife to commit a crime. All you have to do to become a criminal is to wear a costume, learn the art of being convincing, and, more often than not, own a computer or smartphone. And that’s it. In fact, you do not have to leave your house to commit a crime anymore!
With the rapid progression of technology, a larger percentage of individuals are capable of committing crimes classified as “white collar crimes.” These crimes are financially motivated and nonviolent and are typically committed by business and government professionals.
And although it’s very easy to commit a white collar crime, it’s just as easy to be falsely accused of one. And that’s where a Los Angeles white collar crime defense attorney comes in handy.
What does white collar crime mean in California?
But before we get to the white collar crime defenses available in Los Angeles and all across California, it is important to determine what crimes can fall under the classification of white collar crimes. In order for an illegal act to be classified as a white collar crime, it must meet the following criteria:
- The act was committed by deceit, concealment, or violation of trust.
- The act did not involve the use or threat of physical force or violence.
- The act was committed with the goal to (a) obtain money, property, or services, (b) avoid losing money or property or avoid providing services, or (c) gain a personal or business advantage over another individual(s).
White collar crime defenses in California
According to our top-rated white collar defense attorney in Los Angeles from Okabe & Haushalter, just because you are being accused of deceiving or defrauding someone else or violating their trust with the goal to obtain money or gain a personal or business advantage, it does not necessarily mean that you are doomed to spend months in years in jail or that you will have to pay hundreds of thousands or millions of dollars in fines. In fact, there are quite a few white collar crime defenses available in California.
But our lawyers have shortlisted the best two defenses to allegations of white collar crime in California. Without further ado, let’s review these defenses to help you avoid the legal consequences and penalties associated with white collar crimes in California.
Lack of intent as a white collar crime defense
Lack of intent is the most common approach to defending yourself against accusations of fraud and white collar crime. Since America’s justice system was built on the “Innocent until proven guilty” principle, the prosecutor is required to prove that they were intentionally deceiving their alleged victim and/or were willfully providing false information with the goal to defraud.
More often than not, if the prosecutor fails to demonstrate evidence that had the intent to defraud the plaintiff, the white collar crime charges will be dismissed or dropped.
The plaintiff acted unreasonably by relying on your information
A large percentage of white collar crimes are based on allegations that the defendant provided information, promise, or condition that was fraudulent, deceitful, or inaccurate.
Just because the alleged victim thinks the information provided by the defendant was deceitful, inaccurate, or fraudulent does not necessarily mean that this is true. In fact, under California law, a party must be reasonable in relying on another person’s statements. If you can prove that the plaintiff acted unreasonably by relying on your information or promises, the white collar crime claim will most likely be dismissed or dropped.
That, of course, if you are being represented by a Los Angeles white collar crime defense attorney at Okabe & Haushalter. Get a free consultation to speak about your particular case today. Call at 310-430-7799 today.
Category: White Collar Crimes