On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.

Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Lastly, Prop 57 allows Judges, not Prosecutors, to decide whether to try certain juveniles as adults in Court. Prop 57 sought to restore Juvenile Court Judges’ authority over juvenile offenders by allowing Juvenile Court Judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000.

What Does Prop 57 Mean For Existing Sentences and Parole Eligibility?

There are three main provisions under Prop 57, two relating to adults and one to juveniles:

Adults:

1. Parole Eligibility Changes

2. Credit Awards Changes

Juveniles:

3. Direct Filing Eliminated

Offenders who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim.

• Repeat offenders will be eligible for release after the same period of incarceration as first time offenders.
• Offenders whose sentence was enhanced for especially egregious conduct will be eligible for release at the same time as those who did not engage in the egregious conduct.
• CDCR will have unlimited authority to award credits to all inmates, in excess of the current 15%, 20% and 50% conduct credit limitations.
• Juvenile offenders who commit violent crimes like murder, rape and carjacking cannot be filed on as adults. They must be filed on in Juvenile Court and can only be found unfit by a Judge.

What Will Happen To My Conviction And Sentence Under Prop 57?

Prop 57 allows for parole consideration to any person convicted of a non-violent felony offense and sentenced to state prison after completing the full term for his or her primary offense. The full term for the primary offense means the longest term of imprisonment imposed by the Court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. This can mean drastically reduced eligibility periods for those facing long consecutive sentences.

Under Prop 57, inmates who comply with the rules, avoid violence, and perform duties assigned to them, are eligible to earn Good Conduct Credits. Inmates who participate in approved rehabilitative and educational programs shall be eligible to earn Milestone Completion Credits, Rehabilitative Achievement Credits, or Educational Merit Credits. Inmates who perform a heroic act in a lifethreatening situation may be eligible to receive the Extraordinary Conduct Credits.

What will the expanded credit-earning opportunities do for inmates? Credits earned for good conduct and rehabilitative and educational achievements can advance an inmate’s release date if sentenced to a determinate term, or advance an inmate’s initial parole hearing date if sentenced to an indeterminate term with the possibility of parole. Credit-earning opportunities are available to all inmates. What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence or consecutive sentences for a non-violent felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief; even if you have been denied parole. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing strategies for parole under Prop 57. Contact us now for a Free Consultation.

Most of us are familiar with terms like “theft” and “forgery” given that they immediately bring to mind the taking of something that does not belong to someone or making a misrepresentation in writing. When we hear the term “fraud”, we are often left confused by the exact meaning.

Fraud, technically speaking, is defined as: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud includes any intentional or deliberate act to deprive another of property or money by guile, deception, or other unfair means.” In other words, fraud is wrongful deception intended to result in financial or personal gain.

When facing criminal fraud charges, the fraud is typically of two kinds: fraud against a company (either by those that work inside or by vendors or customers) and fraud against an individual (such as identity theft or schemes). What Type Of Fraud Charges Can I Face?

Fraud charges can be filed in various ways. Most of these charges are filed as felonies given that they typically involve a significant loss and deliberate action carried out. Fraud charges may also be filed by way of a federal indictment. A federal fraud case is a very serious and complicated process with significant exposure. It is critical to be properly represented from the earliest stage possible to protect yourself. A felony criminal case can carry significant penalties and usually there are complex factors involved. For a skilled and experienced criminal lawyer, these factors mean an opportunity to formulate an intelligent defense based on the case in front of you.

There are many different types of fraud charges. You may hear many of them referred to as “White Collar Crimes” because they generally relate to financial matters and are committed by professionals or people while at work. Types of fraud cases include:

• Embezzlement
• Insurance Fraud
• Forgery
• Extortion
• Credit Card Fraud
• Bribery
• Commercial Burglary
• Mail and Health Care Fraud
• Income Tax Fraud
• Insider Trading
• Money Laundering
• False Financial Statements
• Grand Theft
• Computer Access and Fraud
• Welfare Fraud
• Mortgage Fraud
• Workers Compensation Fraud
• Receiving Stolen Property

Every fraud case is different given the circumstances, people involved, and actions carried out. At first, some of these types of fraud may not even be perceived to be criminal actions such as when facing income tax or insurance fraud charges. There are situations where someone may have been following the advice of someone else and is now in trouble. Regardless of the type of fraud charges filed, it is critical to have an attorney on the case who knows how to navigate through the paperwork and speak to the right parties.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing a fraud investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience making pre-filing fraud intervention and resolving these cases successfully. Remember, you cannot leave your defense up to fate or the parties that are trying to convict you. Contact us now for a Free Consultation.

On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes of theft, fraud, and drug possession.

The objective of Prop 47 was to reduce overcrowding in the state’s prison system and provide an opportunity for nonviolent offenders to obtain release and rehabilitation services. Monies saved as a result of Prop 47 would be allocated toward education and dropout prevention, mental health treatment, and drug abuse programs. All meant to keep offenders out of the prison system.

What Does Prop 47 Mean For Existing Sentences?

Prop 47 affects both future convictions and retroactively covers offenses already sentenced. A petition for resentencing would be necessary and previous felony offenses (or wobblers) would be reduced to misdemeanors and resentenced. This reduction of the punishment for the crime is referred to as a commutation or commuted sentence.

Prop 47 has already reduced California’s state prison population by tens of thousands. In the first year alone since passing 4,700 offenders were resentenced and released.

The original deadline for petitions to resentence under Prop 47 was November 4, 2017; however, due to the number of petitions made and eligible sentences, Governor Jerry Brown extended the deadline to November 4, 2022.

What Will Happen To My Conviction And Sentence?

Appealing your sentence under Prop 47 can be done by those currently serving a sentence as well as those who have completed their sentence. The process begins by filing a petition to modify the sentence (resentencing). The Judge will determine whether the conviction would have been a misdemeanor under Prop 47, grant the petition for resentencing by changing the conviction to a misdemeanor, and (if you are still serving a sentence) make an immediate reduction to your sentence. Typically resulting in release from incarceration.

For those who have already completed their sentence, the reduction from a felony to a misdemeanor can restore your rights to serve on a jury or the armed forces, improve your employment opportunities (given that you no longer have to disclose you have been convicted of a felony), and allow you to pursue professional licensure (such as insurance or real estate). Overall, the reduction of the offense from a felony to a misdemeanor means a better quality of life and future outlook.

What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence for a felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing petitions under Prop 47. Remember, not only is the relief immediate on a commuted sentence but the impact on your future from seeing the felony reduced is significant. Contact us now for a Free Consultation.

Anyone who is familiar with the reality show “The Real Housewives of New Jersey” is probably well aware of the fact that Joe and Teresa Giudice have been indicted in nearly 40 federal charges including wire and bankruptcy fraud, conspiracy to defraud lenders, and more. Charges like these can result in decades behind bars for those found guilty. Unfortunately, there are white collar crimes they may be unknowingly or at least not intentionally committed, such as failure to file a tax return. We are all humans, and mistakes can be made!

Various white collar crimes include:

Embezzling Fraud Tax fraud Extortion Computer crimes Tax evasion Perjury

Tax evasion occurs when an individual fails to file a tax return. Tax fraud occurs when a person files a federal or state tax return or other form that is falsified or fraudulent intentionally. Many people commit tax fraud or evasion in an effort to reduce the amount of tax they have to pay, or to avoid paying taxes altogether. Understating income or claiming deductions you are not entitled to are ways of defrauding the government.

Embezzlement involves the conversion of money or property in a fraudulent manner using someone else’s property. Anyone who is convicted of embezzlement may face up to 10 years in prison according to Title 18 Part 1 Chapter 31 Section 642 of the U.S. code; fines will vary depending on the amount of money a person is found guilty of embezzling.

While being indicted for a white collar crime is certainly not as dramatic or news-making as for those who commit particularly heinous or violent crimes, the punishment can be just as severe. When you are being investigated for a computer crime, extortion, or any financial crime, you should be just as concerned about obtaining the legal support and guidance of a seasoned LA criminal defense lawyer as someone who has committed robbery or any other serious criminal offense. The punishment can be just as life changing.

At The Justice Firm, we provide outstanding legal representation for individuals accused of all types of crimes, including tax evasion, bribery, fraud, tax fraud, and other financial crimes. It is vital that you work with a skilled attorney in an effort to protect your freedom, reputation, and legal rights.

Falsifying a loan application, neglecting to report all of your assets when filing bankruptcy, even failing to file a tax return could leave you facing criminal charges. From highly visible celebrities to those working in a factory, literally anyone can find themselves being indicted for a crime.

Common White Collar Crimes in Los Angeles

It is important to seek the guidance and support of a seasoned Los Angeles white collar crimes defense attorney at the earliest possible stage, whether you are under investigation or have been indicted. Evidence tends to get lost or facts skewed; memories aren’t as clear after time passes. Taking action early ensures you of the strongest, most effective defense.

Some of the most common white collar crimes include:

• Embezzlement – If you appropriate funds which are owned by another person or your company and are in your trust or care in a way that is unlawful, you may be accused of embezzlement. For instance, an accountant may steal company funds, and manipulate accounting records in order to conceal the theft.
• Tax fraud – Tax fraud occurs when an individual reports income that is not correct, attempts to hide assets, or claims fake or inaccurate deductions on state or federal tax forms.
• Tax evasion – Failing or purposely avoiding the filing of tax returns is considered tax evasion.
• Computer crime – Violating copyrights, hacking, and introduction of viruses on a computer are just a few examples of crimes committed on the Internet.
• Bribery – Bribery is punishable by fines of up to $10,000 and up to four years in prison, and occurs when an individual gives another person payment or property in exchange for official action.
• Fraud – Schemes, falsifying documents, or lying in an effort to take another individual’s money or property by knowingly misrepresenting the truth constitutes fraud.

As you can see, it could be easy to be wrongfully accused of a white collar crime. Depending on the offense a person is charged with, a conviction could mean thousands of dollars in fines and any number of years in prison – not to mention your career and reputation would be ruined.

If you have been arrested for tax fraud, bribery, or any white collar crime or are under investigation, be sure to choose a highly skilled and aggressive criminal defense attorney who is capable of securing positive results. The lawyer you choose could make the difference between years in prison, and your freedom.

Sanchez worked at the Century Regional Detention Facility as a civilian employee according to Steve Whitmore, a spokesman for the sheriff’s department. Whitmore said that when she said she was called up for active duty as a reservist with the U.S. Marines, she lied and forged military activation documents. Prosecutors in the case claim that Sanchez forged signatures on documents indicating that she would be deployed from March through May. Ultimately, Sanchez was paid wages by the sheriff’s department while she was allegedly on active military duty. According to news reports, she was paid just over $1,000 which she should not have been paid due to what authorities call “fraudulent actions.”

Individuals may be charged with a felony offense when forging a document in order to commit fraud. Considered a white collar crime, fraudulent activity can lead to serious criminal penalties for those convicted. This case clearly indicates that an individual does not have to commit a violent offense in order to be charged with a crime.

According to Whitmore, the sheriff’s department discovered that something was amiss when they checked up on Sanchez, doing their “due diligence.” Whitmore claimed that when they called to learn how Sanchez was doing and where she was located, the department was told by the military that they didn’t know what they were talking about. According to prosecutors, Sanchez kept getting paid, just as the county keeps paying salaries for those who are reservists and called to active duty. The fraud was soon detected.

Whitmore believes that Sanchez may have been attempting fraudulent activity for up to one year, although he said that he believed the district attorney was charging her for up to three months.

If convicted, Sanchez will face a maximum prison term of three years; a preliminary hearing is scheduled for December. Sanchez is currently on unpaid leave with the sheriff’s department.

Los Angeles white collar crimes attorneys know that cases involving the alleged forging of documents can be very complex. The documents in questions must be thoroughly analyzed to determine the authenticity of signatures. As indicated in this case, the penalties may be severe depending on the facts of the case. If found guilty, Sanchez may spend up to three years in prison for an act that ultimately led to her gaining $1,000 she was not entitled to. However, the forging of government, financial, or military documents is a serious offense; obtaining the best possible results can only be accomplished with the guidance and support of a capable and experienced Los Angeles criminal defense lawyer.

Authorities claim Ellingson enticed potential clients to invest in the company by lying about Ison’s background, among other things. Because of his actions, investors became the victims of fraud. Ellingson and Ison allegedly told potential investors that Ison contributed more than a “trillion” dollars to a variety of humanitarian causes, and was the head of a large non-profit foundation that contributed this money. Essentially, Ellingson and his co-defendants enticed potential clients to hand over their money by making promises that charitable causes would be supported by the profits.

In February, Pantazelos was ordered to pay $3.3 million in restitution; he was also sentenced to 19 1/2 years in federal prison. Ellingson will be sentenced to up to five years in federal prison for wire fraud conspiracy in late October according to a statement from the U.S. Attorney’s Office.

At a sentencing hearing, judges typically have a variety of factors to consider when determining what the defendant’s sentence will be. The judge will listen to arguments presented by both the defense and prosecution, which help him or her to determine the sentence suitable to the case. While his potential sentence is as long as five years, it will be interesting to learn what takes place at Ellingson’s sentencing hearing, and what the final verdict will ultimately be.

This wire fraud case illustrates some interesting points, not the least of which is the fact that federal criminal charges may be brought against an individual accused of defrauding investors. In generally, federal prosecution leaves an individual facing more serious penalties if convicted. In addition, a substantial prison term is not unusual in federal cases involving fraudulent activity, as is evident considering Pantazelos’s 19 1/2 year sentence.

Any individual who has been accused of wire fraud or any investment fraud offense should consider speaking with a skilled and capable Los Angeles criminal defense lawyer. Attorneys who focus on federal criminal defense are capable of providing effective legal support and guidance in even the most complex of cases, often obtaining positive results which would otherwise not be secured without the representation of a highly qualified lawyer.