Federal White Collar Crimes

Drug Crimes & Sentencing in Los Angeles

Below is a list of some of the most common federal offenses we handle at Bradley S. Sandler involving White Collar Crimes. Facing prosecution for any of the below federal criminal offenses is a serious matter requiring the attention of a dedicated federal criminal defense team.

Federal Securities Fraud and Insider Trading 
The most common White Collar Crime is Securities Fraud. Securities Fraud occurs when someone violates Federal Securities laws during the purchase or sale of securities. Violations of Federal Securities Laws can occur in various ways. For example, in the many cases against fortune 500 CEO's, there was a need for a criminal defense attorney in those cases.  Not all of them participated in the alleged wrongdoing. 
 
The Act of 1933 is one of the main governing bodies under Federal Securities law. Violations of federal law under today's applicable statutes include such acts as: 1) insider trading, 2) buying or selling securities not registered with the Securities and Exchange Commission (SEC), 3) willfully making false statements or omissions of fact in documents filed with the SEC, and/or 4) engaging in interstate communications with prospective purchasers of securities, where such communications employ any device, scheme, or artifice to defraud, or contain false statements or omissions of fact calculated to mislead.  
 
The Government must prove the following elements to be convicted of securities fraud:

1. That the defendant used a device or scheme to defraud someone, made an untrue statement of a material fact, or failed to disclose a material fact which resulted in making the defendant's statements misleading;
2. that the defendant's acts were, or failure to disclose was, in connection with the purchase or sale of securities;
3. that the defendant used the mail or telephone in connection with these acts or this failure to disclose; and
4. that the defendant acted for the purpose of defrauding buyers or sellers of securities.

Sentencing Range for Securities Fraud:  
One may be found guilty of a felony, imprisoned up to 10 years and fined up to $1,000,000.00. A corporation committing securities fraud may be fined up to $2,500,000.00.  
 
Internet Crimes 
Internet fraud occurs when a person uses a computer and the internet to commit theft, cause damage to computers with viruses or deprive citizens or financial institutions of money. The Computer Fraud and Abuse Act, under Federal Statutes 18 U.S.C.S. § 1030, reads in pertinent part as follows:

Federal Sentencing Range for Internet Crimes and Computer Fraud: 
One may be found guilty of a felony, imprisoned for up to 20 years and fined up to $250,000.  If you are found in need of help, contact our Los Angeles criminal law firm today.
 
Bankruptcy Fraud 
Bankruptcy Fraud is much like other forms of white collar fraud in that the objective is to accomplish a desired result through deception, trickery, concealment, and/or dishonesty. This form of fraud occurs when one conceals property belonging to the estate of a debtor in bankruptcy.  
 
In most federal jurisdictions, to be convicted of bankruptcy fraud, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:

1. That there existed a proceeding in bankruptcy;
2. that certain property or assets belonged to the bankrupt estate;
3. that the defendant concealed such property from the creditors, custodian, trustee, marshal, or other individual charged with control or custody of such property; and
4. that the defendant did so knowingly and fraudulently.

Federal Sentencing Range for bankruptcy Fraud: 
One may be found guilty of a felony, imprisoned up to 5 years, and fined up to $250,000.  
 
Money Laundering 
Money Laundering is often a crime that is ancillary to some other wrongful act, such as dealing in drugs, theft or white collar fraud. The purpose of laundering money is to convert money or property gained from illegal activities into money that appears to have been legally earned. Financial transactions involving tainted money are typically conducted with legitimate businesses. These operations structure business transactions in a manner which provides for some percentage of money returned to the criminal. This financial windfall, in turn, becomes what appears to be legitimate income for the criminal.  
 
In order to successfully prosecute a defendant for this type of crime, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:  
 
For violations of 18 U.S.C. § 1956(a)(1):

1. That the defendant knowingly conducted or attempted to conduct a financial transaction;
2. that the financial transaction involved proceeds of a specified unlawful act or activity;
3. that the defendant knew that the property involved in the financial transaction represented the proceeds of some form of unlawful activity; and
4. that the defendant intended to promote the carrying on of the specified unlawful act or activity.

For violations of 18 U.S.C. § 1957:

1. That the defendant engaged or attempted to engage in a monetary transaction;
2. that the defendant knew the transaction involved criminally derived property;
3. that the property had a value greater that $10,000;
4. that the property was derived from some specified unlawful act or activity; and
5. that the transaction occurred in the United States.

Federal Sentencing range for Federal money Laundering: 
One may be found guilty of a felony, imprisoned up to 20 years, and fined up to $500,000, or twice the value of the property involved, whichever is greater. (18 U.S.C. § 1956).  
 
One may be found guilty of a felony, imprisoned up to 10 years, and fined up to $250,000, or twice the amount of the property involved, whichever is greater. (18 U.S.C. § 1957).  
 
Bank Fraud 
Enacted in 1984, under the auspices of the Comprehensive Crime Control Act, today's statutory bank fraud provision was designed to provide an effective vehicle for the prosecution of frauds in which the victims are financial institutions -- federally created, controlled, or insured.  
 
Like other forms of white collar fraud, the objective of bank fraud is to accomplish a desired result by deception, trickery, concealment, and/or dishonesty. With bank fraud, however, the intent or scheme must be to defraud a financial institution federally insured by the United States government.  
 
In order to successfully prosecute a defendant for bank fraud, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:

1. That the defendant knowingly executed, or attempted to execute, a scheme or plan by means of false or fraudulent pretenses, representations, or promises;
2. that the defendant acted with the specific intent to defraud;
3. that the false pretenses, representations or promises that the defendant made were material;
4. that the defendant placed the financial institution at risk for civil liability or financial loss; and
5. that the financial institution was insured by the Federal Deposit Insurance Corporation or an equivalent agency as defined by Title 18 U.S.C § 20.

Federal Sentencing Range for Federal Bank Fraud: 
One may be found guilty of a felony, imprisoned up to 30 years, and fined up to $1,000,000. The punishment is per transaction. For example, if one false loan document is delivered in person, one fraudulent financial statement is submitted by mail and three fraudulent representations are made by telephone, the potential punishment above is multiplied by 5.  

Overview of Drug Crimes in California

An individual may be subject to criminal sanctions arising from any one of a number of wrongful acts involving controlled substances.  As an example, it is a violation of federal law to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance or a counterfeit substance.  Most federal drug prosecutions are for possession with intent to deliver a controlled substance. The majority of Los Angeles drug crimes involve the following drugs: 

• Cocaine 
• Cocaine Base (crack) 
• Heroin  
• Marijuana 
• Methamphetamine  
• MDMA-Ecstasy 

In many jurisdictions, to be convicted of possession with the intent to deliver a controlled substance, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt:

1. Defendant knowingly possessed a controlled substance;
2. Substance was in fact a controlled substance;
3. Defendant possessed the substance with the intent to distribute it; and
4. Substance was at least of a certain quantity.

If you have been involved in a white collar crime in Los Angeles or in California, contact us toll free (888) 351-0157.