People throughout California engage in a variety of business-related activities, so it is not uncommon for some individuals to occasionally face fraud accusations for certain actions they take. The commission of a fraud crime typically requires an alleged offender to obtain some kind of benefit to which they are not entitled and cause harm to an alleged victim.
The California Employment Development Department (EDD) actively encourages people to report fraud, and any person who is facing fraud allegations will want to be certain they retain legal counsel as soon as possible.
The term fraud includes a wide variety of criminal offenses. Some of the most common fraud crimes in California include, but are not limited to:
Welfare Fraud — Welfare fraud occurs when someone wrongfully obtains public assistance. This crime is prohibited under California Welfare and Institutions Code § 10980.
Workers’ Compensation Fraud — California Insurance Code § 1871.4 makes it a crime to make false statements to obtain workers’ compensation. California Penal Code § 550 also comes into play here because it prohibits false claims to receive benefits or multiple claims.
Real Estate and Mortgage Fraud — A person violates California Penal Code § 487 if they defraud another person out of money or property, including real estate.
Foreclosure Fraud — California Civil Code § 2945 and California Civil Code § 2945.4 prohibit foreclosure experts from collecting and/or charging before correctly performing services they agreed to undertake for homeowners or take any one of several other prohibited actions.
Financial Fraud — California Penal Code § 476 relates to attempts to defraud another person through checks, including forging names on checks, changing amounts of money written on checks, or fabricating fake checks.
Identity Theft — California Penal Code § 530.5 defines identity theft as a person using another party’s personal identifying information without their consent for fraudulent purposes. This is a “wobbler” crime that may be a misdemeanor or a felony.
Elderly Fraud — California Penal Code § 368 addresses financial abuse of elderly individuals.
Are you currently facing any kind of fraud allegations in California? You will want to be sure you speak to a San Jose, CA fraud defense lawyer at Fuller Law Firm for help determining all of your possible defense options.
Our firm understands the best possible defenses in these cases and knows how to develop a winning case. We will be happy to speak to you more about your own situation when you call 408-234-7563 or contact us online today to schedule a free consultation.
Sources:
https://edd.ca.gov/en/about_edd/fraud
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=13.&part=1.&chapter=10.&article=
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=550.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=UIC§ionNum=2101.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2945.4.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2945.