Under California Welfare and Institutions Code Section 10980 welfare fraud is an act of unlawfully obtaining welfare benefits from the government by intentionally submitting false information or withholding relevant information or.
According to California W&I Code 10980, defendant can commit welfare fraud in different forms, including:
Generally California welfare fraud can be classed to two main types: recipient welfare fraud or internal fraud.
Recipient fraud involves any attempt to receive, secure, retain, or increase a benefit by means of submitting wrongful, incomplete or misleading information. Recipient fraud examples include:
Internal fraud is committed by an employee of a government welfare agency. This occurs when the workers are unlawfully disbursing welfare benefits to themselves, their family members or friends.
Prosecuting agencies in California receive welfare fraud cases from different sources, as public hotlines and websites, local agencies and any other agencies that suspect welfare fraud. Welfare fraud investigations start from gathering evidence and information in welfare fraud cases, including:
The investigator presents relevant information to a deputy district attorney who will determine whether a criminal filing is appropriate or not. District attorney can do one of the following:
According to California WIC Section 10980, welfare fraud is a wobbler and can either be filed as a misdemeanor or felony crime and the type of charges depend of the value of benefits defendant’s criminal history.
In case the defendant made false or misleading statement for obtaining benefits, he will face:
Defendant will be convicted for feeling fraudulent application in case:
Fraudulent application can be charged as a misdemeanor or felony offense. Penalties for felony Welfare and Institutions Code 10980 conviction include:
Penalties for misdemeanor Welfare and Institutions Code 10980 conviction are the following:
In case the total value of the benefit is $950 or less obtaining or retaining fraudulent benefits is a misdemeanor, and is punishable by:
In case the total value of the benefit was more than $950, the defendant will face felony, punishable by:
Selling, buying, or misusing food stamps is a misdemeanor in case the amount involved was $950 or less, punishable by
In case the value is more than $950 the defendant will face felony, punishable by
People convicted of welfare fraud may lose their professional license, job, become disqualified to receive future welfare benefits.
Our California welfare fraud defense lawyers are here to answer any questions If you or a loved one has been charged with Welfare and Institutions Code 10980 and you would like to discuss your case confidentially with one of our criminal defense lawyers at (310) 943-1171.
California Penal Code Section 332, gaming fraud or gambling fraud is obtaining another person’s money or property through use of any game, device, sleight of hand, pretensions to fortune telling, trick or any instrument. Gaming or gambling fraud falls under and is considered as theft crime in California.
The California Penal Code, under section 332 establishes the elements that the prosecution must prove to a conviction someone of this crime, the main requirements are the following:
Prosecution must prove the following elements beyond a reasonable doubt for convicting a person of fraudulent gaming:
Receiving stolen property is charged under California Penal Code Section 496(a) making it a crime to buy, receive, conceal or sell the property knowing it was stolen or obtained by extortion. Additionally, it is also illegal to aid another person in concealing or withholding the property knowing it was unlawfully obtained.
The elements the prosecution must prove to convict defendant for receiving stolen property under California Penal Code Section 496(a) include the following:
Under California Penal Code Section 496, “receiving” property means acquiring possession and control of the property. For purposes of Penal Code, more than one person can have possession of the stolen property. “Receiving” property doesn’t require physical possession over it; having control of the property even it is not in your immediate possession is enough.
Under California Penal Code 186.10 money laundering is a financial crime referring to transactions intended to promote or facilitate criminal activities, or transactions knowingly made with proceeds from criminal activity.
To prove money laundering under Penal Code 186.10 the prosecutor must prove the following elements:
Money laundering is the act of using stolen funds to conduct a transaction through a bank or some other financial institution. California law lists the types of activities which can qualify as transactions, those are: withdrawals, bank deposits, wire transfers, fund transfers, payments, and other financial activities. Attempts to conduct business can also qualify as money laundering even if the transaction isn’t finished. In case the funds are used for making purchase or for any other reason, they won’t be considered to have been laundered under California law.
California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:
Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To “entrust” means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn’t belong to him his action are considered fraudulent. There must be a clear intent to deprive the property’s true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.
Acting fraudulently means acting dishonestly and with bad faith, as cheating, misleading and otherwise gaining an unfair advantage for the victim. In case a person won in a game, without playing tricks he can’t be guilty of game fraud. Defendant must be involved in a game where the victim doesn’t have a chance to win as a result of the game. An important element of the legal definition of gaming/gambling fraud is that the defendant must win money or property from the victim.
California Penal Code Section 332 acknowledges that games do not always include cash, or other tangible property. Property for purposes of Section 332 includes chips, markers, tokens, or anything else which has a monetary value.
Common legal defenses to California Penal Code 332 include the following:
Prosecution shall be able to prove is that the defendant had a specific intent to defraud the victim. In case the defendant lacks of fraudulent intent, he can’t be found guilty of this offenses.
If the offense was through the fortune telling or any other similar activity then a first amendment defense can be used, and the defendant can argue that he was exercising his right to free speech. Though, there can be circumstances when fortune tellers can be criminally liable under this statute in case their conduct goes beyond entertainment and actually involves fraud.
Potential penalties for California Penal Code 332 gaming or gambling fraud depend on the monetary value of the property that the defendant obtained from the victim. If the money or the total value of the stolen property is $950 or less the gaming/gambling fraud can only be charged as a misdemeanor. In case the total value of the property is more than $950 then the fraud is treated as a wobbler and can be charged as either a misdemeanor or a felony.
Potential penalties for misdemeanor Penal Code 332 gaming or gambling fraud conviction in California include the following:
Potential penalties for felony Penal Code 332 gaming or gambling fraud conviction in California include the following:
Our California gambling defense lawyers are here to answer any questions If you or a loved one has been charged with Penal Code 332 PC gaming or gambling fraud and you would like to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact our criminal defense lawyers at (310) 943-1171.
Property is considered “stolen” if it is obtained by burglary, grand theft, robbery, larceny, embezzlement, or any other theft crime. Property is obtained by extortion in case it is acquired from another person with his consent, but that consent was obtained through the use of force or fear.
As one of the essential elements of the offense, the prosecutor must prove that the defendant knew that the property was unlawfully obtained. In case a person was unaware of that fact, he cannot be charged with the receipt of stolen property.
The prosecutor should also prove that the defendant was actually aware the property was in his possession. In case a person didn’t know about the presence of the property, he can’t be convicted under Penal Code Section 496.
This defense applies if the defendant can show that he intended to return the stolen property to the police or the rightful owner at the time he had received the property. If the defendant decided to keep the stolen property and only later intended to return it this defense will fail.
In California law receiving stolen property is considered a wobbler and can be charged as either a misdemeanor or a felony, depending on the defendant's prior criminal history and case circumstances. But if the total value of the property is $950 or less the defendant can only be charged with misdemeanor.
Penalties for misdemeanor 496(a) PC receiving stolen property offense include the following:
Penalties for a felony 496(a) PC receiving stolen property offense include the following:
In addition to the penalties mentioned above a person may face a civil lawsuit by the rightful owner of the property. Lastly, if a convicted person is a noncitizen, he will have immigration consequences which can include a bar to citizenship, reentry to the US, adjustment of status, and deportation.
For answers to any other questions you may still have about California Penal Code 496(a) or to discuss your case confidentially with our team of experienced California criminal defense attorneys at KAASS Law. Give give us a call at (310) 943-1171. We are highly dedicated to serving the needs of our clients.
In California there are two specific laws that relate to money laundering: California Penal Code Section 186.10 and California Health and Safety Code Section 11370.9. Penal Code Section 186.10 deals with money that is related to any type of criminal activity, California Health & Safety Code covers money earned from drug crimes.
In order to be convicted of Health & Safety Code Section 11370.9 money laundering in connection with drug crimes, the prosecutor needs to prove the following elements:
In contrast Health & Safety Code doesn’t require the money to pass through a bank or other financial institution. A person can be charged with money laundering of drug proceeds even if the money was never converted from cash.
In California law both forms of money laundering are considered wobblers. Penalties for misdemeanor money laundering include:
Penalties for felony money laundering under Penal Code 186.10 include:
Penalties for felony Health & Safety Code 11370.9 criminal charges include:
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Hire the most dedicated California money laundering defense lawyer to help defend and fight your Penal Code 186.10 charges. Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time.
Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That’s why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.
Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:
Lack of criminal intent: Embezzlement, like all theft crimes, requires “specific intent,” so if you took property accidentally or then this defense can apply.
False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.
Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theft or petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.
You will face the penalties for grand theft embezzlement if the:
In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.
Penalties for misdemeanor grand theft embezzlement in California include:
Penalties for felony grand theft embezzlement in California include:
California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.
In California law petty theft embezzlement is a misdemeanor offense, punishable by:
Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!