Aggravated White Collar Crimes in California
When it comes to white collar crimes, offenders can receive conviction enhancements if they are shown to have committed a “pattern of related felony conduct.” This enhanced crime is called an aggravated white collar crime. According to California law (Penal Code §186.11), this offense designation applies to any person who commits two or more related felonies that involve fraud or embezzlement. In order for the offense to be considered an aggravated white collar crime, it must have resulted in another person’s loss valuing more than $100,000, and the offender must be convicted of two or more felonies in a single criminal proceeding. The two or more felonies are required to have been committed against separate victims, or against the same victim or victims on separate occasions.
When a person receive an aggravated white collar crime enhancement, the individual can face even harsher penalties than if he or she had simply been convicted of a regular white collar crime. Anyone whose pattern of related felony conduct resulted in a loss of more than $100,000 but less than $500,000 will be subject to an additional prison term of one or two years. If there was a loss of more than $500,000, the offender can receive two, three or five years of additional prison time. These prison terms are given in addition to the usual punishments that are given for the white collar crime and must be served consecutively.
There are also additional fines required for those convicted of aggravated white collar crimes. When the victim or victims experience a loss of more than $100,000 but less than $500,000, the offender will be required to pay a fine of up to $100,000 or double the value of the loss, whichever is greater. When the victim’s loss is more than $500,000, the fine will be up to $500,000, or double the value of the loss, whichever is greater. Offenders of these types of offenses can have their property seized by the court in order to pay restitution and fines. All impositions of fines and restitution are left to the discretion of the court presiding over the case.
White collar crimes are non-violent crimes that are usually committed through professional sectors (or in “white collar” industries), such as those that have to do with insurance, banking and financial planning, among other similar areas. Sometimes, white collar crimes are committed by public officials. White collar crime generally involves some form of fraud, or intentional misrepresentation. These types of offenses can be prosecuted at both the state and the federal levels, and they can lead to major financial losses that affect many victims. Federal agencies that might be involved in the investigation and prosecution of white collar crimes include the FBI, the IRS, the Securities and Exchange Commission, the Secret Service and other agencies. Being accused of a white collar crime—whether or not the allegations are actually true—is a very serious matter. The possible repercussions become even more severe when an aggravated white collar crime enhancement is added.
Obtaining a Strong Legal Defense in San Jose
Anyone who is accused of this type of offense should obtain strong legal counsel to ensure that his or her rights are being fully protected. There are many people who are wrongfully accused, and even wrongfully convicted, so the importance of having a qualified criminal defense attorney cannot be stressed enough. Anyone in the San Jose, California area who is interested in learning about their best tactics for challenging aggravated white collar crime charges should contact me. My name is Edward N. Ajlouny, and I am a San Jose criminal defense attorney with 17 years of experience practicing criminal defense. I also have experience as a former prosecutor, which gives me a unique perspective when I am defending criminal cases. Contact my office today for more information!
