The Differences Between Extortion and Blackmail
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
3M ago
Extortion and blackmail are similar crimes. In the state of California, they are both covered under one law (the California Extortion and Blackmail Law) and have the same penalties, but these two crimes are different. What Is Extortion? Extortion is defined as the use of coercion to obtain money, goods, or services from an individual. The coercion could be violence, the threat of violence, destruction of property, or incorrect governmental activity. Threatened refusal to testify can also be classified as coercion. For example, take the scenario of a local gang in a neighborhood. Members of th ..read more
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Welfare Fraud: Accusations, Prosecutions, and Defenses
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
7M ago
Throughout the State of California, local task forces have been established to prevent welfare fraud. These task forces are well-staffed with enthusiastic investigators who build strong cases before handing them off to prosecutors. Local prosecutors are eager to convict people of welfare fraud. It provides good headlines and helps get them reelected. Prosecutors have a lot of discretion when it comes to which cases they decide to pursue and the type of penalties they seek. If you are being investigated for welfare fraud, you could be looking at serious jail time. It’s important to have an exp ..read more
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What Constitutes “False Evidence”?
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
Knowingly preparing false evidence or offering false evidence in a legal proceeding or investigation is a serious legal offense in California. In fact, it’s a felony that carries a maximum penalty of three years in prison. The courts have a keen interest in protecting the integrity of the judicial process. That’s why judges and prosecutors aggressively pursue defendants when they suspect that evidence has been tampered with. Defendants who are accused of submitting false evidence will want to find an experienced criminal defense attorney to protect your freedom. The Legal Definition of False ..read more
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Who Is Held Responsible for Invoice Fraud?
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
Invoice fraud is a type of expense fraud that involves sending fake or inflated invoices to a business. Perpetrators may intentionally invoice for more than the correct amount, prompting companies to overpay, or they may invoice for goods or services the company never received. This crime may also involve double invoicing – sending duplicate invoices for the same products or services. How Is Invoice Fraud Detected? Various signs can tip companies off to invoice fraud, for example: No documents to support receipt of goods or services: If no purchase order or receiving report can be located to ..read more
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Personal Use of Business Funds: How Is It Prosecuted?
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
When business owners use business funds for personal expenses, it is bad practice that can lead to operational, legal, and tax problems. Using company funds as a personal piggy bank for one’s own benefit is not only a breach of fiduciary duty, but also unlawful. For one thing, according to the IRS, personal expenses are not eligible as business expense deductions. Examples of personal use of business funds include: Withdrawing money with a company debit card for personal purchases Signing a blank business check and handing it over to your spouse to buy something for your home Taking cash pai ..read more
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Were You Accused of Accepting a Kickback?
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
A kickback occurs when someone secretly provides some type of compensation to another person as a reward for doing something in an illicit manner. A kickback is a type of bribe, and anyone who offers or accepts a kickback may be subject to prosecution under California and federal law. A kickback can be criminally prosecuted when it is proven that some type of payment or reward was secretly made or offered to somebody for helping facilitate a transaction. A key aspect of a kickback is that it is offered in secret. Rewards that are provided above board such as royalties or referral fees as part ..read more
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When Is Lobbying Considered Bribery?
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
The legal line between lobbying and bribery can appear to be thin at times. There is no doubt that money plays a significant role in the political process in our country. Nevertheless, politicians must obtain their contributions in a legal manner. Otherwise, they could face accusations of accepting a bribe. What Is Bribery? A legal definition of bribery is “corrupt solicitation, acceptance, or transfer of value in exchange for official action.” The crime of bribery involves giving money or something of value to a public official in exchange for that official acting in a way that benefits the ..read more
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How to Defend Against Copyright Violation Allegations
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
Copyright infringement is a violation of the rights of the creator to his creative work, and as such, any owner of copyrighted work can take someone to court if he feels another party has stolen his work. In many cases, the infringement is unintentional, minor, or accidental, and if you are facing charges related to a copyright violation, you must be able to defend against the allegations. There are several key reasons that a suit of copyright infringement may be thrown out of court: Independent Creation With over seven billion people on Earth, two people could create works with significant s ..read more
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The Anatomy of an Insider Trading Case
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
You don’t have to be the CEO of Enron, Michael Milken (the Junk Bond King), or Martha Stewart to be charged with insider trading. In fact, some people discover after the fact that they have engaged in this illegal activity without even knowing it. If you are investing, it is important to know what constitutes insider trading and how to avoid it, and in the worst-case scenario, how to defend against the charges. What Is Insider Trading? Insider trading can be defined as buying and selling of publicly-traded stock by someone who has material, non-public information about that stock. This gives ..read more
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The ABCs of Fraud
Werksman Jackson & Quinn Blog » White Collar Crime
by Los Angeles Criminal Defense Attorney
1y ago
When people hear the word “fraud,” their first thought may be of a businessman in a cheap suit showing up at the door to sell fake knives. While this would be one accurate depiction of a fraud crime, the reality is that fraud encompasses a wide range of different activities in many different areas. Not only can fraud occur in finances, healthcare, taxes, and virtually every other industry, but there are many ways the State can charge people with fraud. It’s important to remember that most people face situations nearly every day where another person could easily accuse them of fraud. What Is F ..read more
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