Ventura Fraud Defense Attorney

If you’ve been arrested or charged with fraud in Ventura, you could be facing serious consequences.

A California fraud conviction can result in steep fines and jail time and even deportation or other consequences for some.

Even though fraud offenses are non-violent, or “white collar” crimes, they are taken seriously and prosecuted aggressively by law enforcement. You can fight allegations of fraud and related crimes with the help of an experienced California defense attorney.

With the right defense strategy and legal representation, you may be able to have your charges reduced or dismissed in lieu of potential jail time. Contact the law offices of Robert M. Helfend today at 805-273-5611 for expert legal advice from one of Ventura’s most trusted criminal attorneys.

California fraud laws

According to California’s fraud laws, it is a crime to intentionally use deceit or misrepresentation of facts to gain some undeserved benefit for yourself while causing harm or loss to someone else.

Fraud is typically considered a “white collar” crime because it is nonviolent, however, it is still a serious crime and is prosecuted aggressively. There are numerous offenses that qualify as fraud crimes in California, many of which are defined under individual statutes.

Under certain circumstances, fraud also constitutes a federal crime, and it is possible to face both California state and federal charges. Attorney Robert M. Helfend has defended numerous clients in both state and federal cases and has the expertise to help you navigate either or both criminal justice systems.  

Common California fraud offenses

Because fraud is defined broadly as using deceit or deception to procure some underserved gain while causing loss or harm to someone else, California fraud cases vary widely. T

he circumstances of each individual fraud case will determine how it is charged and under which statute(s). It is not uncommon for defendants to face multiple charges within a fraud case. California fraud offenses can be broadly categorized as financial fraud, identity theft and forgery offenses, real estate and mortgage fraud, insurance fraud and other types of fraud.

Below is more information about common California fraud offenses.  

1. Financial fraud

Financial fraud might be what a lot of people think of when they first think of a fraud offense. Financial fraud schemes can involve such illegal activities as counterfeiting checks, cash, or credit cards, misrepresenting the value of a company, or using someone’s bank account or credit card without their permission.

Some types of financial fraud include: 

  • Credit card fraud
  • Check fraud
  • Securities fraud

2. Identity theft and forgery 

Forging a document is not only a violation of California law but can also be a federal offense.

Because the forging of documents also frequently involves people’s personal identifying information, forgery can also constitute identity theft in some cases.

Some common forgery and identity theft crimes that can result in both state and federal charges are:

  • Counterfeiting, forgery and possession of a fraudulent public seal
  • Internet fraud
  • False impersonation

3. Real estate and mortgage fraud

Deliberate deception as part of a real estate transaction can lead to criminal charges under California’s real estate and mortgage fraud laws.

Fraudulent acts in real estate can take different forms including an individual forging a deed or other document in order to unlawfully transfer a title, a financial institution giving a loan to an unsuspecting borrower who will not be able to repay the loan, or a house flipper creating fraudulent appraisals to sell a home at an inflated asking price.

Some California offenses that constitute real estate or mortgage fraud are:

  • Predatory lending 
  • Phantom help schemes
  • Forging deeds
  • Illegal property flipping
  • Straw buyer schemes
  • Rent skimming

4. Insurance fraud

Insurance fraud most often involves attempting to obtain insurance benefits of payments that you’re not entitled to.

Patients, healthcare professionals, suppliers, and pharmacists can all be guilty of violating health insurance fraud laws if they are using deception in order to receive money or services that they wouldn’t otherwise receive. Underreporting income to receive public health insurance services like Medic-Cal also constitutes insurance fraud.

Fraudulent schemes can also be used to obtain money or services from other types of insurance carriers aside from health insurance, such as home or automobile insurance.

Some of the most common types of California insurance fraud include:

  • Health insurance fraud
  • Medi-Cal insurance fraud
  • Worker’s compensation fraud
  • Unemployment insurance fraud
  • Welfare fraud
  • Automobile insurance fraud

5. Other types of fraud

Other somewhat common offenses that constitute fraud in California but don’t fall into the above categories include:

  • Mail fraud
  • Fraud involving seniors, such as financial abuse of an elder or nursing home fraud
  • Gambling fraud
  • Chargeback fraud, a.k.a. “double dipping”
  • Handicapped parking fraud
  • Fraudulent vehicle registration stickers

If you’ve been charged with a fraud offense, it is important that you hire a criminal defense attorney to represent you in your case.

While some fraud offenses may seem much less serious than others, they may still result in severe penalties if you’re convicted. No matter how small you think a fraud case may be, it is important to take the charges seriously and seek legal advice as soon as possible. 

Fraud penalties and sentencing

Some California fraud crimes are always charged as felonies, but many are “wobbler” offenses, which means that they can be charged as either a misdemeanor or a felony depending on the facts of the case.

Felonies are considered more serious than misdemeanors and are, therefore, punished more severely. Some of the variables in a case that a prosecutor considers when determining how fraud charges are filed are:

  1. The defendant’s criminal history
  2. The amount of money or property involved
  3. Information about the victim(s)

The penalties incurred for a fraud conviction vary depending on the specific crime. Some fraud offenses have their own individual statutes and penalties, whereas others may be charged as theft, perjury, and/or forgery. Penalties for fraud offenses typically include:

  • Incarceration in county jail or state prison
  • Fines
  • Forfeiture of assets

Because fraud is considered a crime of moral turpitude, a conviction may result in other significant consequences including:

  • Loss or suspension of professional licenses, or
  • Deportation (for non-citizens)

If you’ve been charged with a fraud offense, there are legal defense options available to you. Which defense strategy is best for you will depend on your specific charges and the unique facts of your case.

A criminal lawyer who specializes in fraud cases can work with you to build an aggressive legal defense that will find you the best possible outcome. Below are three of the most common defense strategies used in fraud cases. 

1. Lack of intent

In order to be found guilty of fraud, the prosecutor must prove that you intended to defraud someone. Regardless of the outcome of your actions, if you can demonstrate that you did not act with intent to defraud, then you may not be found guilty of a fraud offense.

2. Mistaken identity

It is not uncommon for a person to be mistakenly or falsely accused of fraud. Whether you were falsely identified as the perpetrator of a fraud scheme or purposefully accused of a crime by someone you know who is seeking revenge, you and your attorney may be able to gather evidence to demonstrate that you are not guilty of the charges against you.

Video surveillance, electronic records and witness testimony are commonly used as evidence to support this defense strategy. 

3. Police misconduct

If law enforcement officers committed misconduct such as illegal search and seizure, a coerced confession, or entrapment during the investigation of your case, you may be able to have your charges dropped. 

With an effective defense strategy, it may be possible to have your charges reduced or dismissed entirely.

If you do face conviction for a fraud offense, your attorney may be able to push for restitution by way of a payment plan in exchange for jail time, allowing you to continue to live your life and avoid incarceration. 

California fraud crimes attorney 

Fraud crimes are serious and carry harsh penalties, including steep fines and jail time.

If you’ve been accused of a fraud offense, you need an attorney who will fight to protect your rights, reputation, and future. With over 40 years of experience successfully defending clients against charges of fraud and other financial and “white collar” crimes, Robert M. Helfend has earned a reputation as one of Ventura’s most respected expert defense attorneys.

Call today to schedule your free consultation 805-273-5611.

Published December 6, 2013. Last updated September 13, 2024.