Fraud Defense Attorneys in Roseville, CA
Representing those Accused of Fraud Throughout Sacramento County
Different fraud crimes mean other legal punishments and charges. Because of the variety of criminal charges under federal fraud, sometimes those charged or accused mostly handle the situation alone. But you should not take serious charges such as this lightly. A fraud defense attorney in Roseville, California, ensures that you will be represented correctly and uphold your equal rights.
Our fraud defense attorneys at Chastaine Jones Criminal Defense Attorneys have experience in dealing with criminal charges in Roseville. If you are charged with federal fraud, it is essential to work with the best criminal defense attorney who can represent you, study and provide information on your case, and defend you throughout the process.
If you’ve been charged with a crime, connect with our fraud defense attorney to start your best defense today.
What Is Fraud?
Federal law defines fraud as any intentional deception or concealment of any known fact and used by the defendant to gain benefits or advantage that causes harm or misfortune over someone. According to California Civil Code Section 1572, it states that there are two primary categories of fraud: Actual Fraud and Constructive Fraud.
Constructive Fraud
Contrary to actual fraud, constructive fraud is an action or series of actions performed without the intent to deceive or gain significant benefits over another party. It is also almost mistaken for accidental omissions and honest accounting errors, which is different from constructive fraud depending on the details of the situation.
One example of constructive fraud is when a real estate agent answers a question from a buyer regarding property, and that agent is unsure of their answer. When the client buys the property and unforeseen mistakes like damages and repairs are found, the agent might be accused of constructive fraud.
Actual Fraud
Actual fraud is a standard term used on the accuser who committed a contract’s deception or connivance. This is also more likely what the general public refers to as fraud. For an act of deception to be considered a fraud, the act must be materialized, planned, and performed with the uttermost intent to gain benefits or advantage over the other party.
More importantly, the said deceptive act must be successful in being seen or treated as actual fraud. If the act has failed, it can be treated as an attempted fraud – which also carries significant penalties.
If you’ve been charged with a crime, connect with our fraud defense attorney to start your best defense today.
What Are the Different Fraud Crimes in California?
Because different federal fraud crimes have their description, each fraud crime has its own set of penalties and charges. The federal penal code has 40 different fraud crimes that explain why a specific action is a fraud.
Here are some of the most common federal fraud crimes:
Wire Fraud Schemes
The federal government deems that wire fraud is a federal crime that involves any scheme to defraud another person or party using electronic communication. It can take many forms, including phishing, telemarketing fraud, internet scams, or fraudulent schemes that use radio or television.
Tax Fraud
This occurs when a taxpayer attempts to avoid federal income tax. It can take many forms, such as overestimating a business or company expenses or false information on the income report. This is also generally known as Tax evasion. Failing to file for a tax return can or may also be considered as part of tax fraud or tax evasion. This fraudulent crime is also one of the most common frauds, which results in trillions of dollars lost from the government.
Security Fraud
Security fraud is mostly a broader term that covers different fraudulent behavior that typically involves investment securities. This often includes cases of investment and pyramid schemes, foreign currency fraud, and other embezzlements of brokers. One specific example would be when a brokerage company willfully deceives its client by providing falsified information. This can also occur on the trade stock market. When people trade stocks or other securities, it can be considered fraud when they use information not generally available to the public. This scheme is also known as insider trading.
Because security fraud is both a federal and state crime, penalties for this vary greatly. Some fines can go as high as ten million dollars, and a prison sentence can last up to five years.
Health Care Fraud
Health care fraud belongs to one of the most committed acts of fraud. Since millions of Americans’ top priority is better health care insurance, this is also a target of other deceitful crimes or groups/individuals.
Since health insurance aims to provide the best medical support to millions of Americans, health care fraud can occur when individuals attempt to collect falsified claims or reimbursements. It can also be considered health care fraud when a person willfully falsified records and made fraudulent statements or representation to obtain the healthcare delivery of the government.
One detailed example would be an over-billing of provided health care services. Performing unnecessary hospital procedures can also be seen as health care fraud. Sometimes, even a patient can be guilty of fraud.
Hoaxes
When a particular person conducts an action with a willful intent to convey false or misleading information, it can be a fraudulent crime. This is especially true if the data may cause harm to other people or even death – the punishment or charges will vary depending on the severity of the case.
Highway Projects Fraud
It is a federal crime when a government employee knowingly makes a false statement, report, or representation of the actual quantity, quality, or cost of the materials under a government project. Along with other legal and administrative charges, the penalty can include imprisonment of not more than five years.
If you are charged with federal fraud, it is essential to work with a reliable fraud defense attorney who can study your case and defend you throughout the process.
Penalties for Fraud
Most federal fraud crimes are usually charged as felony offenses. However, there are also certain situations where it can be set as misdemeanor convictions. A few examples are simple assault, shoplifting, trespassing, petty theft, and other low-level offenses.
However, the difference is that felony offenses almost always have more severe penalties than misdemeanor convictions. A felony offense has the potential of a prison sentence that can last for a year or more. It may vary depending on the severity of the crime, mostly involving prison, fines, or probation.
Jail time: Primarily, jail time or prison sentences are based on the crime committed. It often ranges from zero to six months or twenty to thirty years.
Fines: Fines are a financial way of compensating for the acts of federal fraud. An amount of fine can vary and sometimes can also be extremely high.
One example would be when a person is convicted for mail or wire fraud. A fine for this case can sometimes reach over more than $200,000 for each violation or crime performed. A fraudulent crime that resulted, affected, or impacted a massive range can often and mostly result in millions of dollars of fine.
Compensation Or Restitution: If a person is convicted of federal fraud, the court usually orders restitution as part of their criminal sentence. Restitution, mostly known as compensation, is a financial payment the perpetrators give to their victims for the federal crime they committed. This is mainly an addition to other agreements by the federal court, such as fines and probation.
Probation: Some offenses can result in having no jail time – at all. A federal judge can impose a federal probation sentence on the accused. For federal probation – the accused or someone under probation must regularly report to their probationary officer or as often as agreed on the probation term.
The court also sets certain conditions such as reporting, explicitly staying away from any drugs or illegal substances, and not associating with anyone convicted of a felony. Those under probation must do this and many other conditions and agreements provided by the federal court.
If you’ve been charged with a crime, connect with our fraud defense attorney to start your best defense today.
Protect Your Freedom With The Help of a Fraud Defense Attorney
Because of the complexity of these federal fraud cases, having an experienced fraud defense attorney in Sacramento by your side can significantly impact the cases filed against you such as assault, domestic violence, and drug crimes. If you’re charged with a white collar crime such as fraud, our experienced fraud defense attorneys at Chastaine Jones Criminal Defense Attorneys in Sacramento County can offer insights into representing and defending you at the federal court.
Start your best defense today with the help of our fraud defense attorneys. Call (916) 932-7150 to speak to a member of our team.
